CM-2021-244 - 9/17/2021Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms --"Rq
Applicable: Entire Certified Service Area Page 1 of 2
Effective Date: September 21, 2009 WR #: 3498663
Transaction ID: 1-4706
This Discretionary Service Agreement ("Agreement'1 is made and entered into this 25th day of J u 1 v . 2021
by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company'1, a Delaware limited liability company
and distribution utility, and_Li tv of Round Rock ^("Customer"),
a municipality , 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
f . Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the
following discretionary services in accordance with this Agreement.
$21,610.11
Charges for the requested additional load on existing service, relocation and
removal of facilities at memorial park.
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 in
accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Ta riff 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 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. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in
effect until i nh rmmnl ati nn
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 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
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 mail, return receipt requested, postage prepaid, to:
(a) If to Company:
oncor Electric Delivery
ATTN: Lauren Simpson
350 Texas Avenue
Round Rock, Texas 78664
DocuSign Envelope ID: 95AD0108-EA18-4744-A4E6-ECF762F1D335
WWW.ONCOR.COM
Tariff for Retail Delivery Service —
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 2
Effective Date: September 21. 2009
(b) If to Customer
City of Round Rock - PARD
ATTN: Katie Baker
301 IN Bagdad, STE 250
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 PARD
ATTN: Katie Baker
301 w Bagdad, STE 250
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 dale 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 ma 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 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 repulting from damage to such 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 User(s) remove their facilities attached to Oncor Electric Delivery Poles.
(iv) Customer will be installing all civil for this project, per oncor specifications;
provide surveyed metes and boundsforthe �raequired easement; mark any private underground
IN WITNESS 49116E �b tga es Wave cause this Figreement tom signoee S�i tke°r iespec�ivevcl�u�y aute'orilUfs
representatives.
Oncor Electric Delivery Company LLC City of Round Rock
oocusigned by: Cu orper 1 Company a e
2tWVB12FCA445 Sig ature
Lauren Simpson
Printed Name Prnted N e
Project Manager I Utility Designer
Title Title
07/25/2021 1 6:40:34 PM CDT 0.
Date Date / (�
DocuSign Envelope ID: 95AD0108-EA18-4744-A4EB-ECF762FlD335
WWW.ONCOR.COM
July 25, 2021
Oncor Electric Delivery
Lauren Simpson
350 Texas Ave
Round Rock, TX 78664
Office (512) 244.5619
Cell: (512) 592.8334
Tracking Number: 14706
WR Number: 3557486
RE: Relocation of Facilities — City of Round Rock Memorial Park — 601 N Lee St., Round Rock 78664
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
$21,610.11 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 follow the directions listed on the
statement of charges and send remittance to the address below.
Oncor Electric Delivery, LLC
ATTN: Gadd, Lynne; Simpson, Lauren
P.O. Box 910104
Dallas, Texas 75391-0104
If any additional information is required, please feel free to contact me.
Sincerely,
Docu fined by:
87855DB72FCA445
Lauren Simpson
Project Manager I Utility Designer
Oncor I Project Management & Design Services
ONCC R.
Statement of Charges
PO Box 910104
Date: 7/25/2021
Dallas TX 75391-0104
Project No: 3557486
Transaction ID: 14706
Simpson, Lauren
5122445619
Lauren.Simpson@oncor.com
Bill To:
Project Location
Katie Baker
Street Address:
City of Round Rock
601 N Lee St
301 W Bagdad, STE 250
City: Round rock
Round Rock, Texas 78664
County: Williamson
BiHing Description
-
Requested added load, relocation and removal of
facilities a $21,610.11
Price quoted is valid for thirty (30) days from the date
of this document. Total . 0
Remittance Options:
Check Instructions
Make all checks payable to Oncor Electric Delivery Company, LLC
OR
Electronic Funds Transfer 1 EFT Instructions
JP Morgan Chase Bank 1 Dallas
Account#08806169791
Routing Vs
ABA: 021-000-021 (Wire Transfer)
ABA: 111-000-614 (ACH payments)
Federal Tax ID: 75-2967830
. If an EFT is made please have your financial institution include the tracking number
Also, email Confirmation number and transfer date to Deborah.Gadd2@oncor.com
THANK YOU FOR YOUR BUSINESS!
+4 ----------------------------------------
REMITTANCE SLIP
Detach this portion of the invoice to accompany payment and mail it with your check
Checks are to be made payable to Oncor Electric Delivery Company, LLC
Please retain the above statement for your records
Remit To
Oncor Electric Delivery Company, LLC
Attn: Gadd, Lynne; Simpson, Lauren
PO Box 910104
Dallas TX 75391-0104
Customer Name
Pity of Round Rock �
Project Number: 3557486
ransaction ID: 14706 i
Total Amount Paid.
$21,610.11
IE
City of Round Rock
OUNQ ROCKXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Discretionary Services Agreement with Oncor Delivery
Company, LLC regarding the Memorial Park Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/17/2021
Dept Director: Rick Atkins, Director
Cost: $21,610.11
Indexes: 2017 General Obligation Bonds
Attachments: WR_3557486_City_of Round_Rock_Memorial_Park_ (1) (Final)
(00480876xA08F8), LAF - DSA Oncor Memorial Park (09 06 21) (00480875xA08F8)
Department: Parks & Recreation
Text of Legislative File CM-2021-244
This item allows Oncor to relocate power lines that run in Memorial Park associated with Heritage Trail
West. The existing power lines are in conflict with the Memorial Park and Heritage Trail improvements and
need to be relocated. 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 and elements that encourage community events and development revitalization
along the corridor.
Cost: $21,610.11
Source of Funds: 2017 General Obligation Funds
City of Round Rock Page 1 of 1