CM-2019-0281 - 9/13/2019Tariff for Retail Delivery Service „t,; ,,,
Oncor Electric Delivery Company LLC QR,
6.3 Agreements and Forms �`JJ
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.5 Discretionary Service Agreement WRQ 3452673
Transaction iD:
This Discretionary Service Agreement ('Agreementi') is made and entered Into this ay of _1YL4 by Oncor
Electric Delivery Company LLC ('Oncor Electric Delivery Company" or 'Company"). a Delaware limited liability co pang and tribution utility,
and City of Round Rods ("Customer"), a Texas Municloality
each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the'Partles". In consideratlan 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 an existing Onoor Electric Delivery pole attached overhead and underground conductors. The project will relocate one pole, one
primary riser, replace one pole, one primary riser and two underground laterals to pad mounted transformers. The City of Round Rock agrees
to reimburse Oncor $ 31,953.00 for this relocation work. This cost Is good for 90 days of the agreement day and construction will need to start
within the 94 day window as set forth In this agreement. See item 15 other terms and conditions.
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 DUCT ("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 Ta rift. Company's Retail Delivery Tariff is part of this Agreement to the same extent as U fully set out
herein. Unless otherwise exp ressly stated in this Agreement, the temrs 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. Tenn a nd Termination -- This Agreement becomes effective upon acceptance by Customer and continues In effect until
obligation accrued or accruing prior to termination. Termination of this Agreement does not relieve Company or Customer of any
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, eonstruod, 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 Iha 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 rep aces all prior agreements and undertakings, oral or written between the Parties with regard to the
subject matter hereof. Including without limitation , 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 mall, return receipt requested, postage prepaid, to.
(a) If to Company:
Tariff for Retail Delivery Service �-
Oncor Electric Delivery Company LLC CNCR;
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 2 of 2
(b) If to Customer,
City of Round Rack
221 East 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
14 Invoicing and Payment-- Invoices for any disrrelionary services covered by this Agreement will be mailed by Company to-
the
othe 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 i9voices to Customer_
City of Round Rock
221 East Main Street
Round Rock TX 78664
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 invo ce is pad 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, muicipal, or oter 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 C ounterparts — 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 pub is
ut.lity 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 fac lit es of wh!ch 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.
(it.) 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 cor tact all Joint Users and make arrangements to have their facilities transferred or relocated Oncor Electrir,
Delivery cannot complete the relocation/removal of facilities oitlined in this agreement until Jo nt User(s) remove their facilities attached to Oncor
Electdc Delivery Poles
(iv)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by the r respective duly authorized representat ves
Oncor Electric Delivery Company LLC City of Round Rock
Customer ! Entity
ignature SAnature
Larry K Baldwin
Printed Name
Design Coordinator
Title Title
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City of Round Rock
�aOUN[03 ROCK Agenda Item Summary
TEXAS
Agenda Number:
Title: Consider executing a Discretionary Service Agreemetn with Oncor Electric
Delivery Company, LLC regarding relocation of pole in connection with the
University Boulevard Widening Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/13/2019
Dept Director: Gary Hudder, Transportation Director
Cost: $31,983.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: ESB625Sharp@oncor.com_20190820_085124, 3452673 2000 sheet 1-1
Department: Transportation Department
Text of Legislative File CM -2019-0281
This Discretionary Service Agreement with Oncor Electric Delivery Company LLC for the
relocation of an existing electric pole, the attached overhead and underground conductors. This
project will relocate one pole, one primary riser, replace one pole, one primary riser and two
underground laterals to pad mounted transformers. The cost of these services is $31,983.00.
Cost. $31,983.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round hock Page f PrWed an 9/12/2019