Loading...
CM-2019-0029 - 1/25/2019DocuSign Envelope lid: 4B354433-FO64-4DBB-BD7F-F25DF4B6ED4D CINCQR January 16, 2019 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 Pole at 1500 Lisa Rae Dr., Round Rock Mr. Zapata, WR: 3440479 Tracking Number: 17038 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 $10,792.94 for the provision of discretionary services for the above referenced project. Please execute the agreement in the area designated as Accepted by Customer and return this agreement to your project manager, Lauren Simpson, via DocuSign at your earliest convenience. Please send remittance and a copy of the signed agreement to: Lynn Gadd 3I7 N. 21' St. KiI leen TX 76541, Please inform your project manager, Lauren Simpson, upon receiving this letter and when submitting payment. If any additional information is required, please feel free to contact me_ Sincerely, boeuSlpne4 by: B165Sp612FCA445 Lauren Simpson Project Manager I Utility Design Associate Oncor' Project Management & Design Services 6"'2vl4j--bb2�j Entire Certified Service Area le: September 21, 2009 Transaction ID 1703$ This Discretionary Service Agreement ("Agreement") is made and entered Into this 16th day of January . 2019 by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company' or `Company"), a Delaware limited liability company and distribution utility, and Ci ty of Round Rock ("Customer"). a P rcnn , 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 pole to agreed upon location. The customer agrees to pay $10,792.94 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 tens 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 terns 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. 6. Governing Law and Regulatory Authority — This Agreement was executed in the Stale of Texas and must i n 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 duty 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 dale 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 none and all such agreements and undertakings are agreed by the Parties to no longer beef any force or effect. Itis 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 de'ivered or sent by United Slates certified mail, return receipt requested, postage prepaid, to (a) If to Company oncor Electric Deliery ATTN: Lynne Gadd 317 N. 2nd Street Killeen, Texas 76541 DocuSign Envelope YD: 4B354433-F064-4DBB-BD7F-F25DF486ED4D W WW.ONCOR.COM DocuSi n Envelope ID- 4B354433-F064-4088-BD7F-F25DF4B6ED4D Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms '—qm 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 receiving 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 transmas 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 dale 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 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, 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 me 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 govemmental 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 re§ulting from damage to spch undisclosed or unknown facilities. (ii) 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 relocationtremoval of facilities outlined in this agreement until Joint Users) remove their facilities attached to Oncor Electric Delivery Poles (iv) customer will allow for truck access and clearing of any obstacles throughtou workzone. customer is required to make any undergroun facilities along path of work zone. oncor will not be liable for any damages to private underground facilties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized representatives. Oncor Electric Delivery Company LLC If OocuSloned bY: at"e',FcAa45 Lauren Simpson Printed Name Project Manager I Utility Design Associate Title 01/16/2019 13:03:06 PM CST 1 Date Date F DocuSign Envelope ID: 48354433 F064-4DBB-BD7F-F25DP4B6ED4D City of Round Rock WWW.ONCOR.COM DocuSign Envelope ID: 4B354433-F064-4DBB-BD7F-F25DF4B6ED4D Oncor Electric Delivery Company LLC, a Delaware limited liability company Simpson, Lauren,#6187 512.244.5619 lauren,si!ppsona gUgZcqn City of Round Rock Eddie Zapata 221 East Main Street Round Rock, Texas 78664 Statement of Charges Date: 1/16/2019 WR #: 3440479 Transaction ID: 17038 Services provided at: 1500 Lisa Rae Dr. Round Rock 0 i Price quoted is valid for sixty (60) days from the date of this document. Remit payment per instructions below. " Project witl be scheduled upon Project Manager's receipt of Executed Agreement(s). " Payment is expected within 30 days from comptetion date of project. " Please contact your Project Manager if you have any questions. EFT / Electronic Funds Transfer JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct Il: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Deborah. Gadd2c9oncor. corn Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 t.. .... ...... ................. .. ... .... .� 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. ........................................................................................................... NCOR Customer Requested Relocation 510,792.94 Total Amount Due Upon Receipt $10,792.94 i Price quoted is valid for sixty (60) days from the date of this document. Remit payment per instructions below. " Project witl be scheduled upon Project Manager's receipt of Executed Agreement(s). " Payment is expected within 30 days from comptetion date of project. " Please contact your Project Manager if you have any questions. EFT / Electronic Funds Transfer JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct Il: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Deborah. Gadd2c9oncor. corn Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 t.. .... ...... ................. .. ... .... .� 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. ........................................................................................................... NCOR City of Round Rock RQLINQ RACK Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC regarding relocation of a pole at 1500 Lisa Rae 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 Envrionmental Services Cost: $10,792.94 Indexes: General Self -Financed Construction Attachments: Agmt.pdf, LAF.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2019-0029 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 pole and down guy wires at 1500 Lisa Rae Drive in order to properly constructed driveway at this location. Cost. $10,792.94 City o/Round Rack Page i Pdated on 1/21/2019 Agenda Item Summary Continued (CM -2014-0029) Source of Funds: General Self -Financed Construction Fund Cityo/Round Rock page 2 Printed on 4/24/2048