Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CM-2018-1971 - 12/7/2018
Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WR* 3433493 Transaction ID. 16275 This Discretionary Service Agreement ("Agreement") Is made and entered into this gth day of November 2018 , by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Companv7, a Delaware limited liability company and distribution utility, and City of Round Rock ("Customer), a Person each hereinafter sometimes referred to Individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided — Company agrees to provide and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. Removal Only (as Calculated) Customer does NOT have power of eminent domain Oncor will remove two (2) street lights located at the intersections of Town Center Dr. & A.W Grimes Blvd. 2 Nature of Service and Company's Retail Delivery Service Tariff — Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff") During the term of this Agreement, Company Is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement In accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff 3. Discretionary Service Charges — Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges, 4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until work is complete . Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations — This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that It may desire from Company or any third party. S. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, winch amendment will not be effective until reduced to writing and executed by the Parties, But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including an attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation none and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delivery ATTN7 Lynne Gadd 317 N. 2nd Street Killeen, TX 76541 elf,,, 2 0 1 &, lq -� Tariff for Retail Delivery Service „� ,,, R Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date September 21, 2009 Page 2 of 2 (b) If to Customer Citv of Round Rock Chris Lo ez 221 ast Main Street Round Rock, TX 78664 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other, 10. Invoicing and Payment— Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic Invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. City of Round Rock Chris Lopez _ 221 East Main Street — Round Rock,4 If Company transmits electronic invoices to Customer, Customer mu sl make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice, If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5% of the unpaid balance per invoice period. 11. No Walver — The failure of a Party to this Agreement to Insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal state muicipal or offer lawful taxes (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 13. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the Interpretation or construction of this Agreement. 14. Multiple Counterparts — This Agreement may be executed in two or m ore counterparts, each of which is deemed an original but all constitute one and the same instrument 15. Other Terms and conditions — (i) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real properly owned by Customer In the event that Customer has failed to do so, or In the event of the existence of such facilities of which Customer has no knowledge, Company its agents and contractors, shall have no liability, of any nature whatsoever, to Customer, or Customer's agents or assignees for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (it) City of Round Rock agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later (iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery cannot complete the relocationfremoval or facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. fv) Customer will allow for truck access and clearing of any obstacles throughout work zone. Customer is required to mark any underground facilities along path of work zone Oncor will not be liable for any damages to private underground facilities. Customer will allow a maximum of 8 weeks to complete work Oncor is responsible for IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC __ JAL 7A" Signatu-re Lauren Simpson Printed Name Project Manage j Utility Design Associate Title November 9, 2018 City of -Round Rock Cu tb err t E ti _�: �&Ialxe Sig ature PrintName Title //9_1-(l Date Date EXHIBIT "A" WR Number: 3433493 SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY LLC AND CITY OF ROUND ROCK DATED NOVEMBER 9, 2018 This Supplement ("Supplement') to the Agreement for Street Lighting Service ("Agreement'), is made and entered into this 9"' day of November. 2018. by ONCOR Electric Delivery Company LLC and City of Round Rock, ("Customer') both hereinafter referred to as the "Parties." In consideration ofihe mutual promises and undertakings herein set forth. the Parties hereby agree to amend the Agreement as follows: I. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated 11/09/18. attached hereto as Exhibit B. 2. This Supplement shall become effective upon execution by tite Parties. This Supplement is subject to the terms and conditions of the A-,reement. If Customer has arranged for its designated agent or representative (-Customer's A__ent') to pay to Company tite contribution -in -aid -of -construction ("CIAC") referenced in the Agreement. then Customer's Agent shall execute this Amendment for the sole purpose of establishing such asent's agreement to pay such CIAC. S. Except as otherwise provided herein, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts. each of which shall be deemed an orininal but all shall constitute one and the same instrument. ONCOR ELECTRIC DELIVERY COMPANY LLC By: [t r.rL_ (Y1 Title: CITY OF ROUND Title: ......... 0 ........ Moab ..a....4.... a...&'M........... ..... Ross.... sees• ...... move•....• Fur ChIC ptnnusev.lily pto tuou to Section (4) above. 88332.010002 DALLAS 49285%1 IIfNSEu r [USCME 5 ACL4i`S Nt %,*A II By: Title: Date: � v � 2 U § � D v U \ � � Z � / § | � . 2 © � F cri ■ \ 7 0 c v � m � E § & � � v 00 k 0 D L po 2 k 16 � \ 22 �Li ƒ¢ �2 $ ■ - U k � ( & � ■I � ¢ § Tj CA } - « �� / � § � - - K� 7�£tk ƒ�2�2 �§ -e $ � ■ _ 2 § §" § E § u2 2 00 k 0 D L po 2 ELECTRIC CONSTRUCTION PRINT WR NAME RRK: REMOV FACS - TOWN CENTER 8 AW GRIMES. RRK - LS CUSTOMER CITY OF FRK - CHRIS LOPEZ 512.216.7026 ADDRESS TOWN CENTER E AW GRIMES BLVD LOCATION TOWN CENTER ✓!, AW GRIMES 13LVO DESIGNER 51MPSON.LAUREN MICHELLE USERIO PHONE PROJECT MANAGER PHONE NUMBER WR NO. 3433493 SHEET I_ OF i DATE 11-08-2018 SCALE 80 SERVICE CENTER RRK OFFICE 371 MAPSCO 0 2716 Amw Eleetrm 9.1i..ry d ..ngt.od alestra m d.w tp-O"U) we er.as♦d for Na. a mtne) PrOa Of Otar Electric 0.lt.ary etth no tapllesun Of tutuy.11y v 6Vt fm umended F.. uts or the rsGure pL peer Elaetnc 0. ear" .Jird.. geed f..N arrru to panda poOtcu Not we Free From arrer.Att deet rat .rr.nt dr r fty or gtaltly OF won peck%. IM lecaunn ahaMl we q pracemsuaa wa we rat intnded to tin...act leasuam Prsdru perided to atter O.ru.s by 0- v Elactrtc Dalin, we rax vv mto ml rte or the rae:p:snt. Ord the r.Ctpnt arses not to 6411CAV r dntrdutm the padcte er sty porus or 00 pedcu u Nerd Frttes ndart Ns prey srett.n prw.um of Ova, El"w.e D.G.e.y. TM r.atynt fvmr arses to Ntd [wolM and mdtretry pear E10cvtc 041t.ry .gatmt 811 slnwr sant. a.paret.t aid Is It remlumg Frm ar proditsW wan ser.:t Lab" re, parsaul mj�lm death or p.aperty da.pe. ane om% of ON dsrsou m 1N praprty paraded +ww dr. City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC regarding removal of two street lights for the Traffic Signal at AW Grimes Boulevard & Town Centre Drive Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/7/2018 Dept Director: Gary Hudder Cost: $757.12 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: DSA—WR 3433493, Statement of Charges—WR 3433493 Department: Transportation Department Text of Legislative File CM -2018-1971 The Transportation Department concurs with the attached Development Service Agreement(DSA) from Oncor Electric Delivery Company(Oncor); which requests payment for the proposed removal of two stand alone luminaires at the intersection of AW Grimes Boulevard & Town Centre Drive. The recent completion of a new traffic signal at AW Grimes Boulevard & Town Centre Drive included new overhead illumination for the intersection which has eliminated the need for the luminaire poles on the northeast and southwest corners of the intersection (See attached exhibit). The Transportation Department recommends execution of the DSA with Oncor in the amount of $757.12 for the removal of two (2) luminaires at the intersection of AW Grimes Blvd. & Town Centre Dr. The staff recommends approval. Cost: $757.12 Source of Funds: RR Transportation and Economic Development Corporation (Type B) Cify of Round Rock Page 1 Printed on 121512018