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CM-2020-055 - 2/21/2020Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.8 Agreements and Forms ""M" Applicable; Entire Certified Service Area Effective Date, September 21, 2009 wR #: 3490646 Page 1 of 2 TransactlonlD. 23035 This Discretonary Service Agreement ("Agreement') 's made and entered into th;s 30thday of January 2020 by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company' or -Company'), a Delaware limited liability company and distribution ulllity, and "Customer"), a .munj ci Dal i tv , each hereinafter sometimes referred to individually as 'Party" or both referred to col'ectively as the'Partlee. 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. installation of New Streetlight at 1200 Red Bud, Ln. Customer agrees to pay $358.05 for this request. 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 n accordance with applicable PUCT Substantive Rules and Company's Retail Delivery To riff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly staled 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 d;scretionary 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 Termini effect until work is Comp ete Termination of this Agreement does not — This Agreement becomes effective upon acceptance by Customer and continues in or Customer Of any obligation accrued or aces Ing 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. b Goveming 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, slate, 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 dale 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 servica(s) expressly provided for in this Agreement. The Parties are not bound by ar 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 limitationnone 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: Oncor Electric Delivery ATTN: Lynne Gadd 317 N 2nd Street Killeen, Texas 76541 DacuSign Envelope ID: 41522D53-8120-4280-A334-E611445484F8 M- 2020-nss WWW.ONCOR.COM Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire CerUfed Service Area Page 2 of 2 Effective Date: September 21, 2009 (b) if to Customer W City of Round mock ATTN: Bobby Mercer 2019 Lamar Drive 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 ATTN: Bobby Mercer 2019 Lamar Drive 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 an 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 fa lure 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. Tares - 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. 1s, 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 Cuslomer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (li) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized representatives. Onoor Electric Delivery Company LLC City of Round Rock 5bneusigned br. C mer ! Company me - & lu�Br,, atW6M120CM45 Signature Lauren Simpson City of Round Rock Printed Name Pri tad Name Project Manager i Utility Designer Mo nM 64-- Title Title 01/30/2020 1 1:04:57 PM CST r ;-7 Date Date Docusign Envelope ID: 41522D53-8120-4280-A334-E611445484FB WWW.ONCOR.COM Oncor Electric Delivery Company LLC, a Delaware limited liability company Simpson, Lauren;N6187 5122445619 lauEM.gimpsonftncor City of Round Rock Bobby Mercer 2015 Lamar Drive Round Rock, Texas 78664 Statement of Charges Date: 1/30/2020 WR #: 3490646 Transaction ID: 23035 Services provided at: 1200 Red Bud Ln Round Rock 0 ' $358.05 Total Amount Due Upon Receipt $358.05 ` Price quoted is valid for sixty 1601 days from the date of this document. Remit payment per instructions below. ` Project will be scheduled upon Project Manager's receipt of Executed Agreementisl. 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(j,payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd 5t Killeen TX 76541 .. Please include the WR # and Transaction ID (as listedabove) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. 6 NCQR EXHIBIT "A" - Registered WR #: 3490646 Project Name: RRK LTSTR CORR SL 1200 RED BUD LN RRK LS SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN ONCOR ELECTRIC DELIVERY COMPANY AND City of ROUND ROCK This Supplement ("Supplement") to the Agreement for Street Lighting Service dated ('Agreement"), is made and entered into this 30th day of Jam, 2020, by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company") and City of ROUND ROCK, ("Customer") both hereinafter referred to as the "Parties." In consideration of the mutual promises and undertakings herein set forth, the Parties hereby agree to amend the Agreement as follows. 1. The following Request for Street Lighting Service is hereby added to the Agreement: Request for Street Lighting Service dated JanuaEy 30 2020. attached hereto 2. This Supplement shall become effective upon execution by the Parties. 3, This Supplement is subject to the terms and conditions of the Agreement. 4. If Customer has arranged for its designated agent or representative ("Customer's Agent") to pay to Company the 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 agent'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 original but all shall constitute one and the same instrument ONCOR ELECTRIC DELIVERY COMPANY Signature - Oncor Representative -�,AO SO H. S;zt:JPt95 Printed Name - Oncor Representative Title - Oncor Representative rQfit ROUND'ROCkv Signature - Cuslo r Representa6ve� J4ad.(c - Printed Name - Customer Representative Title -- Customer RepresentAive O.1 1"3b4 1&21 -2� -tZ ( rZL720 Date Signed - Oncor Representative Date Signed - Customer Representative *For- CIA nu noses o►rlypru•suant to Sectialr L4) above** Signature - Customer's Agent Title - Customers Agent 88332.010002 DALLAS .19285c I Printed Name - Customer's Agent Date Signed - Customer's Agent VEC R EXMBIT "B" — WR REQUEST FOR STREET LIGHTING SERVICE Actions: fi Addition R-Removal RL-Relocation S-Service(Schedule D-0rtlnl ESID Premise Action Order regalred from CR to Energize— yesma (For New FSID Onl Qty Watmpe Lamp Type Rate Seheduie"* Identifying Luminairel Pale Type Location (Address, eta) (See AttachedSketth) 4418038 A NO 1 250 HP A LC250H311PWOM 1200 Red Bud Ln, Round Rock Comments: Requested installation of streetlight WR Number(s): 3490646 Date: 01/3017020 '"Unmetered Facilities -- Schedule A (Group I or 2), a (Group I or 2), C (Group I or 2). or D; R (Rectangular); P (Post -'Fop); H (Historical) ; CLOSEDIREMOVE ONLY I (Incandescent); W (Wallpack Mercury Vapor); Metered Facilities —(Von-Company-Owned; or Metered Facilities —Company -Owned (closed to new instaltations) 1. Customer or Developer agrees to pay Company contribution -in -aid -of -construction In the amount of S 358.05 2. If Company is prevented from Installing the requested racillties by any event of force majuere as defined In Section 51.4 of Company's Tariff for Retail Delivery Service, Company will relum to Customer or Developer as appropriate, winjour interest, Me enlre amount ojCastonrer or Develaper s coutribution- in-ald-of-construction payment, thereby terminating Ibis supplement and Company's obligation to provide facilities requested herein. WX Number(s): 3490646 Date: 01/30/2020 City of Round Rock ROUND ROCK Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC regarding installation of new streetlight at 1200 Red Bud Lane. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/21 /2020 Dept Director: Gary Hudder, Transportation Director Cost: $358.05 Indexes: General Fund Attachments: Agmt.pdf, LAF.pdf Department: Transportation Department Text of Legislative Fite CM-2020-055 This Discretionary Services Agreement with Oncor Electric Delivery Company, LLC is for the installation of a new streetlight located at 1200 Red Bud Lane for $358.05. Cost: $358.05 Source of Funds: General Fund Clfy o/ Rwmd Rock page 1 Printed on Z7&2020