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CM-2019-0091 - 4/5/2019&NCOR March 27, 2019 Tracking Number: 18170 WR Number: 3451401 Oncor Electric Delivery Lauren Simpson 350 Texas Ave Round Rock, TX 78664 Office (512) 244 5619 Cel (512) 592 8334 City of Round Rock ATTN: Eddie Zapata 221 East Main Street Round Rock, Texas 78664 RE: Relocation of Down Guy at 3473 Gattis School Rd., Round Rock Mr. Zapata, Enclosed please find an executable copy of a Discretionary Service Agreement with Oncor Electric Company LLC, a Delaware limited liability company; and a Statement of Charges in the amount of $3,893.26 for the provision of discretionary services for the above referenced project. Please sign this page to indicate receipt of the documents, then print out the DSA and execute the agreement in the area designated as Accepted by Customer and return this agreement to your project manager, Lauren Simpson at your earliest convenience. Please send remittance and a copy of the signed agreement to: Lynn Gadd 317 N. 2 n St. Killeen TX 76541. Please inform your project manager, Lauren Simpson, when submitting payment. If any additional information is required, please feel flee to contact me. Sincerely, d�Dooc�uftrkDe�d by: —d """ QAT_'__ 6165=12FCA445 Lauren Simpson Project Manager I Utility Design Associate ^^JJOncor I Project Management & Design Services Please sign below indicating that receipt of the Discretion -.?service Agreement Documents, City of Round Rock &'41a6aturc: J,�_Name: y Title: L' f1 L0&&'09e: _� L� e: Entire Certified Service Area Date. September 21, 2009 Transaction Ip 181.70 This Discretionary Service Agreement ('Agreement") is made and entered into this ? 7th day of March 2019, by Oncor Electric Delivery Company LLC (' Oncor Electric Delivery Company" o r "Company"). a Delaware limited liability company and distribution utility, and City of Round Rock ("Customer"), a city , 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 of Down Guy at 3473 Gattis School Rd., Round hock - oncor will install new pole and down guy for this request. City of Round Rock agrees to pay $3,893.26 for this work. 2. Nature of Service and Company's Retail Delivery Servfce 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 slated 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 Ta riff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Tenn and Termination — This Agreement becomes effective upon acceptance by Customer and continues in effect until Termination of this Agreement oes 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 respons=ble 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. B. 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 be of 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. g. Notices -- Notices given under this Agreement are deemed to have been duly delivered If hand delivered or sent by United Slates 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: 96A41EF4-FOB9-44DS-805C-A854E719E2CA WW W.ONCOR. COM 6.3 Agreements and Form Applicable: Entire Certified Effective Date: September,'d (b) If to Customer. City of Round Rock ATTN: Eddie Zapata 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 ATTN: Eddie Zapata 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 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 may 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 govemme ntal 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 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 relocationlremoval 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 throughout work zone. Customer is required to mark any underground facilities dalong path of work zone. oncor IN WITNESS 1 lUffF, tehe f�artrles fiaveacna seat s lgreeinent�oebe s gri�ergyifrel�aresp'eclive tluly authorized representatives, Oncor Electric Delivery Company LLC DocuSlgned by; (Mp� 5iV%1rtWV0T7FCAA45 Lauren Simpson Printed Name Project Manager I Utility Design Associate Title 03/27/201.9 1 9:06:27 Date DoCuSign Envelope ID: City of Round Rock u omer i Company N e r lgnalure City o Round Rock Ph ted Nme - Title AM CRT Date ('�f 96A41EF4-FOB9-44DB-8050-A854E719E2CA WWW.ONCOR.COM Oncor Electric Delivery Company LLC, a Delaware limited liability company Simpson, Lauren; -6187 512,244.5619 laVre n , s i m oson g)on cor, corn City of Round Rock Eddie Zapata 221 East Main Street Round Rock, Texas 78664 Statement of Charges Date: 3/27/2019 WR #: 3451401 Transaction ID: 18170 Services provided at: 3473 Gattis School Road Round Rock Williamson 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 Managers 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 JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct #: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Deborah. Gadd2@oncor.com Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 ............... ....... ............................ .... ..... Pease Include the WR #and Transaction !D (as [fisted above) an all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. ........................................................................................................... ONCOR Customer Requested Relocation $3,893.26 Total Amount Due Upon Receipt $3,893.26 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 Managers 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 JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct #: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Deborah. Gadd2@oncor.com Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 ............... ....... ............................ .... ..... Pease Include the WR #and Transaction !D (as [fisted above) an all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. ........................................................................................................... ONCOR 0 0 r M M r a a O Z ,n Document Path O:1Workspaces GISV+Utilities workspaceWAPS12D191Council13473 Gattia Sch_Pole_Relo,atioel3473_Gatbs_Sch_Pole_Relocalion.mxd L Ha-mmAls3M r. z t� a w cnE.�-- V � C?_ 4 �` x °on N = r ..q 0o v rl � X M- U) r Z '1211 VWONOS—VIA gRgDFpRD-PgR K DR LD City of Round Rock ROUND OUND ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC regarding relocation of down guy at 3473 Gattis School Road in connection with the Gattis School Road Wastewater Extension Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/5/2019 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $3,893.26 Indexes: Self -Financed Wastewater Construction Attachments: Agmt.pdf, LAF.pdf, MAP.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2019-0091 In January 2017, the City involuntarily annexed several properties along the south side of Gattis School Road from future Kenney Fort Boulevard to Via Sonoma Trail. These properties are not presently served by City wastewater. Based on the annexation requirements, the City is required to provide utility service to these properties within 2'/2 years of annexation. At the time of annexation, a concept route for providing wastewater service was developed. On May 10, 2018, City Council awarded a professional engineering services agreement with DCS Engineering, LLC, for design of approximately 575 linear feet of 10 -inch and 2,940 linear feet of 8 -inch wastewater main along the proposed route to serve the annexed properties. In addition, 150 linear feet of 12 -inch waterline extension will be provided to bring water from the north side of Gattis School Road to the south side of Gattis School Road. Discretionary Service Agreement WR3451401 with Oncor Electric Company LLC, is needed to relocate down guy wires and pole at 3473 Gattis School Road in order to properly install the 8 -inch wastewater line. Cost. $3,893.26 Source of Funds: Self -Financed Wastewater Construction City of Round Rock Page f Printed on 414/2019