R-2014-2081 - 12/18/2014 RESOLUTION NO. R-2014-2081
WHEREAS, the City of Round Rock ("City") is planning street improvements on Mays Street
and Liberty Street/Round Rock Avenue for the Southwest Downtown—Phase 5A ("Project"), and
WHEREAS, Oncor Electric Delivery Company LLC ("Oncor") has overhead electrical
facilities which must be relocated in order to proceed with the Project, and
WHEREAS, the City and Oncor wish to enter into a Discretionary Service Agreement for the
relocation of said electrical facilities,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a
Discretionary Service Agreement with Oncor Electric Delivery Company LLC, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 18th day of December, 2014.
ALA MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Al I
VFW Or
SARA L. WHITE, City Clerk
0112.1404;00325749
EXHIB
Tariff for Retail Delivery Service "A" IT
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date:September 21,2009 Page 1 of 2
6.3.4 Discretionary Service Agreement WR# 3168823&3ZO1t52Z-
Transaction ID: 26010&26845
This Discretionary Service Agreement("Agreement")is made and entered into this 20th day of November , 2014 ,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 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.
Customer agrees to pay Company$422,382.00 for the relocation of Company overhead facilities to underground facilities as specified on the
attached Exhibit A and Exhibit B.
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 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 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 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
completion of requested construction . 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 t o 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 N/A , 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:Bob Faikus
350 Texas Ave.
Round Rock,TX 78664 €
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 Page 2 of 2
(b) If to Customer:
City Of Round Rock
Attn:Todd Keltgen
2008 Enterprise Dr.
Round Rock.TX 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
Attn:Todd Keltgen
2008 Enterprise Dr.
Round Rock,TX 78664
If Company transmits electronic invoices to Customer,Customer mu st 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,muicipal,-or oter 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 C ounterparts -- This Agreement may be executed in two or m ore 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) 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 relocation/removal 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 signed by their respective duly authorized representatives.
Oncor Electric Delivery p L4C1 City Of Round Rock
Customer/Entity
Bob Fajkus •-
Signature Signature
Bob Fajkus
Printed Name Printed Name
Sr.Manager,New Construction Management
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/ p •.�' 350 TEXAS AVE,ROUND ROCK TX 78664
_ RC1•pt., OFFICE 512.244.5891
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I I , 1 EMAIL:Robed.Fajkueeorwoccom
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111"'77 W 1.2 1''.' 4 j TIME WARNER CABLE,INC.
/ ..\ / ,,.. k.i 11 Y.•'• 12012 NORTH MOPAC EXPWY,AUSTIN,TX 78759
EMAIL:pea.naveju@Nrcabkr.com
f y t TW TELECOM: Jamie Courvllle,OSP Eng. DAVID L.LANEY.OSP MGR
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TW Telecom Inc. TW Telecom Inc.
/x. \4 ii1� 9229 Waterford Centre Blvd. 9229 Waterford Centre End.
A Sto100 St4.100
S Austin,Texas 78758 Austin,Texas 78758
s X , Phone 512-485.1744 Phone 512485.1770
r`.6 `4' £c) Coil612-751-2534FAX 512.485.8199
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mom devldJenoyawtelecom.com
/ 71 GAS: MARTIN PEtEZ,PROJECT SPECLALIST
ATMOS ENERGY CORPORATION
(/ 512.415.41426
EMAIL:Perezfetmownergy.com
I CITY OF TODD A.KELTGEN,PUBLIC WORKS OPERATIONS MANAGER
/ ROUND ROCK: 2008 ENTERPRISE DRIVE.ROUND ROCK TX 78864
OFFICE 512.218.5583
EMAIL:toddk(groundroddesas.gov