CM-05-11-200Request for City Council/City Manager Action
D City Council 1E] City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Project
Project Coordinator:
Assigned Attorney:
Transportation Services
Cindy Fronk (CM ONLYyLatha Kumar ContractorNendor: Txu Electric Delivery
Funding Source: 4B
Project Name: Kiphen Road
Bill Stablein
Thomas G. Martin, P.E., Director of TS
Barbara Bouleware-Wells
Council or City Manager 11/16/2005
Blue Sheet Wording
Action authorizing the City Manager to approve the agreement with TXU Electric Delivery for removal and installation of poles in conjunction with the
Kiphen Road Project.
Amount: $25, 776.00
For Administration Use ONLY
Tag#: cIi << ~1.1 2.
Documents:
Scan Date:
Return to:
Ric Bowden
Finance Information
Is Funding Required?
1
1
Yes ® No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
I I
Amount
1YJ00000X Other (Please clearly identify action on Ones below) $25, 776.00
Discretionary Service Agreement- TXU Electric Delivery
Finance Approval
Finance
❑Finance
0Purchasing
Budget
L. Olsen
N/A E. Wilson
HB
N/A CYD
Date
Date
Date
Date
For Submission to ALL C Council and CF Man a r er ction Item
Project Mgr. Signature:
Bill Stablein
11/16/2005
11/15/2005
11/16/2005
11/16/2005
Dept. Director Signature*: Tho.. as o Martin, P ctor of TS Date: 11/14/2005
City Attorney Signature"
City Manager Signature:
* Dept Director and L
Date: 1i
Date: It"'(TADS
pproval and is required for ALL items requesting City Manager/City Council approval.
Names
Christine Marbnez/Shern Monore
Noelle Jones/Cheryl Delaney
Teresa Beldsoe
Laths Kumarrl.aura Flores
Vickie Moreno/Kathy Miller
Shelley Gonzales/Rose MCMllin
Dale Ricklefs
Vanessa ShraunerlDebbie Davila
Rick White/Brenda Craytor
Charles Meserole/Rosie Diaz
DATE: November 14, 2005
SUBJECT: City Manager Action — November 18, 2005
ITEM: Action authorizing the City Manger to approve the agreement with TXU Electric Delivery
for removal and relocation of poles in conjunction with the Kiphen Road Project.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director of Transportation Services
Justification:
This agreement, with TXU Electric Delivery, is for the installation of ten (10) poles with
overhead conductor, appurtenances and removal of seven (7) poles with overhead conductor
and appurtenances due to the widening of Kiphen Road.
Funding:
Cost: $25, 776.00
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: TXU Electric Delivery
Background Information:
The installation of street lights will be construction in conjunction with the widening of Kiphen
Road. On completion of the Kiphen Road project and acceptance by the City, TXU Electric
Delivery will take ownership of the lighting system and provide necessary maintenance.
Public Comment: NA
Blue Sheet Format
Updated 01/20/04
ROUND ROCK, TEXAS
PURPOSE. PASSION, PROSPERITY.
CITY OF ROUND ROCK
INTEROFFICE MEMORANDUM
DATE: November 16, 2005
TO: Steve Sheets
City Attorney
FROM: Thomas G. Martin, P.E.
Transportation Services Director
RE: Request for City Manager Action:
Kiphen Road — TXU Electric Delivery
Attached please find signed agreements with TXU Electric Delivery for work in conjunction
with the Kiphen Road Project. A City Manager
We would like to have these anousheet action request blue ms approved as soon ash
action form are attached for approval.
possible.
If there are any problems with this item or you have any questions, please contact either Bill
Stablein or me at 218-5562.
cc: Bill Stablein, Project Manager
Project File
Public Works Department
Service
ri�
Retail De ell �°mpafl
for Delivery
Page 14 of 23
1
Revision: Origina
Tariff for Retail Delivery Service
TXU Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
6.3.4 Discretionary Service Agreement
Page 10 of 23
Revision: Original
This Discretionary Service Agreement ("Agreement') is made and entered into this 10 day of October, 2005, by TXU
Electric Delivery ("TXU Electric Delivery Company" or "Company"), a Texas corporation and distribution
utility, and City 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:
1. Discretionary Services to be Provided -- Company agrees to relocate overhead electric facilities and Customer
agrees to pay for the following discretionary services in accordance with this Agreement. TXU Electric Delivery will install 10 poles with
overhead conductor, appurtenances and remove 7 poles with overhead conductor and appurtenances due to the widening of Kiphen
Road on WR #2143838.
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 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 October 10, 2005 and continues in effect until
November 10, 2005. 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 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 any prior agreements, 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:
TXU Electric Delivery Company
Attn: Les Davis
3620 Franklin Ave
Waco, Texas 76710-7328
Tariff for Retail Delivery Service
TXU Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
Page 11 of 23
Revision: Original
(b) If to Customer:
City of Round Rock
c/o Bill Stablein
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. Invoicing will occur after electric construction is complete.
$25,776.00
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, 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 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 — N.A.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorized representatives.
TXU Electric Delivprjy Company
(..
BY:67) '4)
Les Davis
TITLE: Project Manager
DATE: M. -0/0 _ 0-5
Cm 05 -- tt —ZOO
City of R. and Rock
BY:
TITLE C% -h1 m&rn&3 tr
DATE: