CM-2022-272 - 11/11/2022WR M 3DUy01V
Transaction ID: 20647
This Discretionary Service Agreement ("Agreement") is made and entered into this 20 day of October 2022,
by Oncor Electric Delivery Company_ LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company
and distribution utility, anc
a _) A , 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.
customer agrees to pay: $8,081.84 for cost of relocation of 1 pole, and the installation of 1 pole to
allow for clearance requested by customer. Customer to coordinate foreign utility clearance attachments on
oncor poles at customer expense. Project will be released to construction upon the execution of this
document, payment received, and city permit approved.
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 ("Companys 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 Ta riff. 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 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.
4.26 Term and Termination — This Agreement becomes effective upon acceptance by Customer and continues in
effect until /
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, stale, 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.
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 any
and all such agreements and undertakings are agreed by th a Parties to no longer be of any force or effect. It i s expressly acknowledged
that th a Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by
this Agreement.
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: Alizabeth
Gstattenbauer
308 S 7th
DocuSign EnvelopLTe1g?e0B-LXSY%P42A56-4534-A8A6-9C68040CA183 eM ZV0Z 772_
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(b) If to Customer:
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
oncor Electric Delivery
Company, LLC
Attn: Gadd, Lynne,
Gstattenabuer, Alizabeth
PO Box 910104
If Company transmits el~q kWoiypts tp5:a@kwft6)pstomer 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 me 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 resulting from damage to such undisclosed or unknown facilities.
(ii)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
Docusigned by,
gtWW1D01E433
Alizabeth lobe
Printed Name
Project Manager
Title
10/26/2022 1 3:25:05 PM CDT
Date
The City of hound Rock
Cus mer I Company Name
i
Si n lure
r
Printed Maine
Title
Date
DocuSign Envelope ID: 08C5139F-2A56-4534 A8A6-9c68040cA183
Statement of Charges
PO Box 910104
Dallas TX 75391-0104
Gstattenbauer, Alizabeth
2542905245
Alizabeth.Jobe@oncor.com
Bill To:
Matthew Smith
City of Round Rock
212 Commerce Blvd
Round Rock, Texasa 78664
Date: 10/20/2022
Project No: 3609610
Transaction Id: 20647
Project Location
Street Address:
1730 E Old Settlers Blvd
City: Round rock
County: Williamson
Cost to relocate pole per customer request. $8,081.84
Price quoted is valid for thirty (30) days from the date of this document. Total :
Remittance Options:
Check Instructions
Make all checks payable to Oncor Electric Delivery Company, LLC
Please put the Transaction ID & Project No. in the Check Memo
Electronic Funds Transfer 1 EFT Instructions
JP Morgan Chase Bank 1 Dallas
Account#08806169791
Routing #'s
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
Credit Card Instructions
We accept VISA and MasterCard. We do not accept Debit Cards
Browse to: on or.c mlConstructionpay
Enter Transaction ID: 20647
Enter Service Address Zip Code: 78664
Includes 1.31% Surcharge Fee
Total Charges Including Surcharge Fee If Paying With Credit Card: $8,187.71
THANK YOU FOR YOUR BUSINESS!
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; Gstattenbauer, Alizabeth
PO Box 910104
Dallas TX 75391-0104
Customer Name
City of Round Rock
Project Number: 3609610
ff-
ransaction ID: 20647
Total Amount Paid:
$8,081.84
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City of Round Rock
JROUMO ROCK
XAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Discretionary Service Agreement with Oncor Electric
Delivery Company for the relocation of a pole for the Fire Station No. 1 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/11/2022
Dept Director: Chad McDowell, General Services Director
Cost: $8,081.84
Indexes: General Self -Financed Construction
Attachments: Agreement
Department: General Services
Text of Legislative File CM-2022-272
During the planning and design of the Fire Station 1 project, the approved drive requires Oncor to make
changes to the existing overhead powerlines. This agreement for $8,081.84 is for Oncor to provide services
to move one pole and add a new pole to raise lines for clearance at 1730 E. Old Settlers Blvd.
Cost: $8,081.84
Source of Funds: General Self -Financed Construction
City of Round Rock Pagel of 1