CM-2019-0028 - 1/25/2019 DocuSign Envelope ID:2A653B5C-88A7-4EB4-8168-776E3423FA58
6'N C R
January 16,2019 WR: 340478
Tracking Number: 14931
Oncor Electric Delivery
Lauren Simpson
350 Texas Ave
Round Rock,TX 78664
Office(512)244.5619
Cell: (512)592.8334
City of Round Rock
ATTN:Eddie Zapata
221 East Main Stree
Round Rock,Texas 78664
RE:Relocation of Down Guy at Lisa Rae Dr. &Double Creek Dr.,Round Rock
Mr.Zapata,
Enclosed please find an executable copy,via DocuSign,of a Discretionary Service Agreement with Oncor
Electric Company LLC, a Delaware limited liability company; and a Statement of Charges in the amount of
$807.04 for the provision of discretionary services for the above referenced project. Please execute the
agreement in the area designated as Accepted by Customer and return this agreement to your project
manager,Lauren Simpson,via DocuSign at your earliest convenience. Please send remittance and a copy
of the signed agreement to:
Lynn Gadd
317 N.2nd St.
Killeen TX 76541.
Please inform your project manager,Lauren Simpson,upon receiving this letter and when submitting
payment.
If any additional information is required,please feel free to contact me.
Sincerely,
DocuSigned by:
s �
61657 DBI2FCA445...
Lauren Simpson
Project Manager I Utility Design Associate
Oncor I Project Management&Design Services
&fV-2011-00-zt
DocuSign Envelope ID:2A653B5C-88A7-4EB4-816B-776E3423FA58
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 1 of 2
Effective Date:September 21,2009 WR#: 3440478
Transaction ID: 17035
This Discretionary Service Agreement("Agreement") is made and entered into this 16th day of 3 anuary 2019
by Oncor Electric Delivery Company LLC("Oncor Electric Delivery Company"or"Company"),a Delaware limited liability company
and distribution utility, and City of Round Rock ("Customer"),
a P r,on 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.
Relocation Projects — Requester does NOT have Power of Eminent Domain
Oncor will relocate existing down guy to agreed upon location. The customer agrees
to pay $807.04 for this work.
2. Nature of Service and Company's Retail Delivery Service Ta riff--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 wnrk Jr, rmmpl PtP
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.
6. 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,which
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 all 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 non
and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It i s 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
ATTN: Lynne Gadd
317 N. 2nd Street
Killeen, Texas 76541
DocuSign Envelope ID: 2A653B5C-88A7-4EB4-816B-776E3423FA58
WWW.ONCOR.COM
P
Sign Envelope ID:2A653B5C-88A7-4EB4-816B-776E3423FA58
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 2
Effective Date:September 21,2009
(b) If to Customer:
City of Round Rock
221 East Main Street
Round Rock, Texas 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 receivi ng
electronic invoicing from Company,in which case Company is entitled to transmit electronic invoices to Customer.
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
If Company transmits electronic invoices to Customer,Customer must 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 Waiver--The failure of a Party to this Agreement to insist,on a ny 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,municipal,or other 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 ma y be executed in two or more 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 property 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.
(ii) City of Rouncl 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 relocation/removal of facilities outlined in this agreement
until Joint User(s)remove their facilities attached to Oncor Electric Delivery Poles.
(iv) customer will allow for truck access and clearing of any obstacle throughout work zone.
customer is requiredd to mark any underground facilities tlalong path of work zone. oncor
IN WITNESS 1�1%�iVREFbteie�art�es Piave caYusec� s�gree�rientoebe sigriee�yfieir respective duly authorized
representatives.
Oncor Electric Delivery Company LLC City of Round Rock
DocuSigned by: Cust O/Company a e
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At�WBUFCA445... Signature _
Lauren Simpson //
Printed Name PhnJQd Name
Project Manager I Utility Design Associate (,V:;l
Title Title
01/16/2019 1 2:33:37 PM CST
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Date Date ��✓��
DocuSign Envelope ID: 2A653B5C-88A7-4EB4-816B-776E3423FA58
WWW.ONCOR.COM
DocuSign Envelope ID:2A653B5C-88A7-4EB4-816B-776E3423FA58
Oncor Electric Delivery Company LLC, Statement of Charges
a Delaware limited liability company Date: 1/16/2019
Simpson,Lauren;#6187 WR#: 3440478
512.244.5619
lauren.simpson oncor.com Transaction ID: 17035
City of Round Rock Services provided at:
Eddie Zapata a Rae Dr.Et Double Creek Dr.
221 East Main Street Round Rock
Round Rock,Texas 78664 Williamson
Customer Requested Down Guy Relocation $807.04
Total Amount Due Upon Receipt $807.04
Price quoted is valid for sixty(60)days from the date of this document.
*Remit payment per instructions below.
* Project will be scheduled upon Project Manager's receipt of Executed Agreement(s).
*Payment is expected within 30 days from completion date of project.
* Please contact your Project Manager if you have any questions.
EFT/ Electronic Funds Transfer Please make all check(s)payable to
JP Morgan Chase Bank Oncor Electric Delivery
ABA No. (Wire)021000021 Remit to:
ABA No. (AC H) 111000614
For Credit To: Lynne Gadd
Oncor Electric Delivery 317 N 2nd St
Acct#: 08806169791 Killeen TX 76541
Once EFT has been initiated please forward
confirmation number and transfer date to:
Deborah.Gadd2Concor.com
... �
.......... ......... ........ ......................... ................................ . ...ti
Please Include the WR#and Transaction ID (as listed above)on all
correspondence including your Check or EFT.
Failure to do so will cause unnecessary delays with your project.
..........................................................................................................
:...::......
ONCOR
A�Ivw City of Round Rock
ROUNJ TEXAS OCAgenda Agenda Item Summary
t
Agenda Number:
Title: Consider executing a Discretionary Service Agreement with Oncor Electric
Delivery Company LLC regarding relocation of down guy at Lisa Rae Drive
and Double Creek Drive for the Lisa Rae Drive Improvements Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/25/2019
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $807.74
Indexes: General Self-Financed Construction
Attachments: Agmt.pdf, LAF.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM-2019-0028
In 1984, the streets Lisa Rae Drive, Joyce Lane, and Ray Berglund were involuntary annexed
into the City of Round Rock. In the early 2000's, bonds were passed to perform improvements
on these three streets, but during construction funding ran short and only Joyce Lane and Ray
Berglund were constructed. Per the annexation agreement, Lisa Rae Drive remained a private
drive.
In October 2012, residents along Lisa Rae Drive approached the City concerning maintenance
to Lisa Rae Drive. Residents asked the City if a maintenance agreement could be entered into
in order to construct a new street similar to Ray Berglund and Joyce Lane. The City determined
that the construction of a new street could only be possible only if all property owners deeded
over 25 feet of their property along Lisa Rae Drive. By donating 25 feet of property, the City will
have a 50-foot Right-of-Way (ROW) in which to construct a 20-foot wide paved street. In
addition to the roadway, new water and wastewater infrastructure will be installed in the donated
ROW. All six residents along Lisa Rae Drive have agreed to donate the required 25-feet of
property and signed donation of ROW documents.
Discretionary Service Agreement WR3440478 with Oncor Electric Company LLC is needed to
relocate down guy wires at intersection of Lisa Rae Drive and Double Creek Drive in order to
properly install an 8-inch wastewater line to serve the residents that own property along Lisa
Rae Drive.
City of Round Rock Page 1 Printed on 1/24/2019
Agenda Item Summary Continued(CM-2019-0028)
Cost:$807.74
Source of Funds: General Self-Financed Construction Fund
City of Round Rock Page 2 Printed on 1/2412019
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: utilities&Environmental Services Project Name: Lisa Rae Drive Improvements
Project Mgr/Resource: Jorae Rosenthal Contractor/Vendor: Oncor Electric Delivery Company LLC
r_�council Action:
ORDINANCE RESOLUTION
Agenda Wording
Fx_x�City Manager Approval
CMA Wording
Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC regarding relocation of down
guy at Lisa Rae Drive and Double Creek Drive for the Lisa Rae Drive Improvements Project.
Attorney Approval
E/]/Attorney Date l l�'1
Notes/Comments
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