CM-2021-239 - 9/10/2021Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Pagel of 2
6.3.5 Discretionary Service Agreement WR# 354W"
Transaction ID:
This Discretionary Service Agreement ("Agreement") is made and entered into this 12th day of August
2021 , 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 Texas Municipal Corporation 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.
city of Round Rock requested for the Span of Overhead Primary to be remved crossing Brushy Creek To aeeomodala this request the fuw lr ^g wig need to be inslafled
Five poles, Two down guys, 445ft underground Primary 315ff Overhead Primary, And Two 15kva Trardormers for the total of f 37.148 83
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 Tanff for Retai' Delivery Service (including the Service Regulat ons contained
therein), as it may from time to time be fixed and approved by the PUCT ('Companys Retail Delivery Tariff'). During the term of this
Agreement, Company is entitled to discontinue service, nterrupt service or refuse service initiation requests under this Agreement
in accordance with applicable PUCT Substantive Rules and Company's Reta:I 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 Companys 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 Once Crxrstrusbon 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 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
WA , 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 of
sent by United States certified mail, return receipt requested, postage prepaid, to -
(a) If to t:ompany:
Oncar Electric Delivery
Garrett Cole Blankenship
3620 Franklin Avenue
Waco, Texas 76710
,0,M, -2i- 2 / Z ' r.
ONPR
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009
(b) If to Customer:
City of Round Rork
Laurte Hadley
221 East Main Street
Round Rork, Texas 78664
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
Page 2 of 2
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
Laurie Hadley
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
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 or fees 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 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)
BA4ng ammount S 37,148-83
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
G aRound Rock
_
Signature :�
Signature
Garrett We Blankenshp
Laurie Hadley
Printed Name
Printed Name
Utility Designer
City Manager
Title
Title
0a(12f2021
6--It7,21
Date
Date
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Discretionary Services Agreement with Oncor Delivery
Company, LLC regarding the Heritage Trail Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/10/2021
Dept Director: Rick Atkins, Director
Cost: $37,148.83
Indexes: 2017 General Obligation Bonds
Attachments: Vendor Signed Agreement - Oncor - DSA, LAF - Discretionary Service Agreement
with Oncor - Trail Project (00480600xA08F8)
Department: Parks & Recreation
Text of Legislative File CM-2021-239
This item allows Oncor to relocate power lines that run along Chisholm Trail Road and cross Brushy Creek.
The existing power lines are in conflict with the pedestrian bridge location for Heritage Trail. The power
line will be relocated away from Brushy Creek and back fed from FM 620. In order to do this scope of
work, 5 new poles, 2 down guys, 445ft of underground primary, 315 ft of overhead primary, and 2
transformers must be installed.
The Heritage Trail project includes a 10' wide trail detailing the history of Round Rock as a timeline. The
project spans from Bathing Beach at Chisholm Trail Road to Mays St and include improvements at Bathing
Beach Park, Chisholm Trail Crossing Park, and Memorial Park. The programmatic elements of the project
will include historical elements, educational elements, arts & cultural elements, general park elements an�
elements that encourage community events and development revitalization along the corridor.
Cost: $37,148.83
Source of Funds: 2017 General Obligation Funds
City of Round Rock Page 1 of 1