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CM-2023-173 - 7/28/2023Tariff for Retail Delivery Service — Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 This Discretiona by Oncor Electric Delivery and distribution utility, ano a Tpxag hnmp rulp muniri each hereinafter sometimes referred to Individually as "Party" or both referred to collectively as the' arties'. In consideration of the mutual covenants set forth herein, the Parties agree as follows: wR #: 20379982 Page 1 of 2 Transaction ID: 23959 Service Agreement ('Agreemenr) is made and entered into this 17thday of ]ul Y , 2Q23, anpany LLC ('Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company 1. Discretionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the fpqll4wing �scretionary services in acoordance v ih this AS1ree�ne t 120,784.91 - c arges requested by the c ty o mound Roc or relocating 1 pole and overhead feeder in exisitng easement Wyoming Springs Extension project. This agreement includes the cost to engineer, design, survey, procure material, pole structure, conductors, and hardware needed for the relocation. The proposed relocation will be approximately 0.1 miles of Wyoming Springs and Sam Bass Road at approximate GPS coordinates 30.529919'.-97.723708'. The scope of work can be s exhibit A attached to "lAeabf'S9fp'$&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 Companys Retail 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 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. Term and Termination — This Agreement becomes effective upon acceptance by Customer and continues in effect until rmm�lptinn of nicrretionary Garvirac 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 Companys Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement, for south een in 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 affect 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 Stales certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor ATTN: Jessica Burnett 3620 Franklin Ave. Waco, Tx 76710 DocuSign Envelope ID: 3EEc29B1-EED8-4054-8EEB-87B320707638 N-Vzi2 ' f 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 - Transportation ATrN: Dawn Scheel 3400 Sunrise Road Round Rock, TX 7866S 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 raceiv€ ng electronic invoicing from Company, in which case Company Is entitled to transmit electroft invoices to Customer. oncor ATTN: Jessica Burnett 3620 Franklin Ave. Waco, TX 76710 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 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, muniGpal, 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 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 — (1) 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 roulting m damage to spch undisclosed or unknown facilities. (li) City o 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. (lit) 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 facilties 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 retocationlremoval of facilities outlined In this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (iv) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized representatives. Oncor Electric Delivery Company LLC 0mu9ignsd by: aft0823DGBFB4AB Cameron Anderson Printed Name Engineer Title 07/17/2023 1 3:35:09 PM CDT City of Round Rock mer / Company Name - hurte—+faieyr+ Printed Name ,City Manager Till. 1- aDa3 Date Date Docu5ign Envelope ID: 3EEc29B1-EED8-4054-BEEB-87B320707638 WWW.ONCOR.COM PO Box 910104 Dallas TX 76391-0104 Anderson, Cameron 254-495-7173 Cameron.Anderson@oncor.com Bill To: Dawn Scheel City of Round Rock 221 E Main St Statement of Charges Date: Project No: Transaction ID: Street Address: 7/10/2023 20379982 23959 Project Location Wyoming Springs Extension City: Round rock Round Rock, Texas 78664 County: Williamson Billing Description• $20,784.91 Charges for relocating 1 pole and overhead feeder $20,784.91 Price quoted is valid for thirty (30) days from the date of this document. Total 0 : • Remittance Options: Check Instructions Make all checks payable to Oncor Electric Delivery Company, LLC OR Electronic Funds Transfer 1 EFT Instructions JP Morgan Chase Bank 1 Dallas Account#08806169791 Routing Vs ABA: 021-000-021 (Wire Transfer) ABA: 111-000-614 (ACH payments) Federal Tax ID: 75-2967830 If an EFT is made please have your financial institution include the tracking number Also, email Confirmation number and transfer date to THANK YOU FOR YOUR BUSINESS! --------$�--------------------------------------- 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 Customer Name Oncor Electric Delivery Company, LLC 157 of Round Rock Attn: Flores, Madi; Anderson, Cameron Project Number: 20379982 PO Box 910104 ransaction ID: 23959 Dallas TX 75391-0104 Total Amount Paid: 20,784.91 0 # 15 T % CL "! �.�0 l � �\( \ « m \/E§j \ � a§ ■ \ § cf § § _ �r x w _. a E § z § ■ � � | & � | ( IS U U4 &IS Z � | ■ �22 � m § _ \§¢ LU �� -■| .. r, E. | + ,!t - S City of Round Rock ROUND ROCK L Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Services Agreement with Oncor Delivery Company, LLC regarding relocation services for the Wyoming Springs Extension Seg. 1 Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/28/2023 Dept Director: Gary Hudder, Transportation Director Cost: $20,784.91 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF, DSA Department: Transportation Text of Legislative File CM-2023-173 This new roadway will connect the existing Wyoming Springs Blvd at its' intersection with Creek Bend Blvd/Brightwater Blvd. to the intersection with FM 3406/01d Settlers Blvd. This segment of roadway is being proposed as a stand alone project but is part of a multi -segment multi -phase vision to construct/upgrade Wyoming Springs Blvd from RM 620 to Arterial H (E. New Hope Dr.). This Discretionary Service Agreement (DSA) with Oncor Electric Delivery Company LLC will pay for the relocation of one utility pole and overhead feeder in an existing easement to accommodate the Wyoming Springs Project. The cost for this work is $20,784.91. Cost: $20,784.91 Source of Funds: RR Transportation and Economic Development Corporation (Type 8) City of Round Rock Pape 1 of 1