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
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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