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CM-2014-628 - 12/19/2014City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to install street lighting for the Cypress Boulevard Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/19/2014 Dept Director: Gary D. Huddler, Transportation Director Cost: $5,545.74 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF - Discretionary Service Agreement with Oncor- Cypress Blvd (00325887xA08F8), DSA. Cypress Blvd St Lts, Const Print Cypress Blvd St Lts Department: Transportation Department Text of Legislative File CM -2014-628 This is a Discretionary Service Agreement with Oncor Electric Delivery Company for the purposes of installing the street lighting for the new Cypress Boulevard roadway. The amount for these services is $5,545.74. Cost: $ 5,545.74 Budget Acct: RR Tansportation and Economic Development Corporation (Type B) Staff recommends approval CiryofRoonEReck Paps1 PN on 1L] 4 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City COLIncil and City Manager Items Department Name: Trensponatlon Project Mgr/Resource: Project Name: Cypress Boulevard Contractor/Vendor; Oreor Electric Dc%very Company LLC Council Action: Q ORDINANCE 0 RESOLUTION Q City Manager Approval CMA Wording Consider executing a Discretionary Service Agreement with Oncwr Electric Delivery Company LLC to install street lighting for the Cypress Boulevard Project. Attorney OAwdox\SCClnls\079917465\MISC\00325887.XLS Updated 6/3/08 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 1 of 2 6.3.4 Discretionary Service Agreement WR# 3264855 Transaction ID: 28405 This Dlsonallon ay Service Agreement('Agreemenf) is made and entered Into this 8th day of November 4 2014by Cabot Electne Delivery Company LLC ("Onbor Electric Delivery Company or 'Company), a Diumam limged liability company and distribution utility, covenants set fent herein, the Parties agree 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 Install Street Lighting for new Cypress Blvd in Round Reck. The customer is to supply and install all civil for this project. Customer is to pay Company additional costs in the amount of $5,545.74 for this work. 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 Tarts for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT rCompanys 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 Rwin and Company's Retail Delivery Tariff. Comori Rata) 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 8 ervice Ch angle— Charges for any discretionary services covered by this Agreement are determined in accordance with Companys Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service Merges. 4. Term a not Termination --This Agreement becomes effective upon acceptance by Customer and continues In effect until project is complete Termination of this Agreement does not relieve Company or Customer ofany obligation accrued or abOn ing prior to termination. 5. No Other Obligations — This Agreement does not obligate Company to provide, ar entitle Customer to recelve, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any fuller services that it may desire from Company Or any third party. S. Governing Law and Regulatory Authority-- This Agreement was executed in the State of Texas and must In all respeMe be governed by, interpreted, continued, and enforced In accordance with the laws thereof. This Agreement is subject to all valid, applicable federal. State, and local laws, ordinances, and miss and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment —This Agreement maybe 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 pan 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 NA , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or arta ct. It Is expressly acknowledged that the Parties may have other agreements covering other cervices bot expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duty delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid. to: (a) On ICompany: Oncor m Krun Delnom, ry Aftn350 Jim Kmmnue 350 Texas Avenue Rountl Rack Texas 6NCpR Q, Lk - aoj4 - (P 2S 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 Rack City Brumboae Drive Round Rock, Texas 111884 ATTN: Bill Statu mn 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 discrellonary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in wining by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to trammlt electronic invoices to Customer. Ciry of Round Rock 2006 Enter rise Dine Round Rock, Texas T 6fi4 ATIN: Utilotellem If Company transmute electronic Invoices to Customer. Customer mu st make payment to Company by electronic funds transfer. Electronic Invoking 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. 6 payment Is not received by the Company by the due date shown on the Invoice, a late fee will be oaloulated and added to the unpaid balance will the entre invoice Is paid. The late fee will be 5% of the unpaid balance par Invoke period. 11. No Waiver— The failure of a Party to this Agmem ent to insist, on any occasion, upon strip performance of any provision of this Agreement will not be Will dered to waive the obligations, rights, or duties Imposed upon the Parties. 12. Taxes. -All present or future federal state, muicipal, or afar lawful taxes (other than federal income some)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 more mune parts. each of which Is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions — (t) Customer has disclosed to Company all underground facilities owned by Customeror any other party that is nota public utility or governmental entity, that am located within real property owned by Customer. In the event that Customer has felled 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 Ilabllily, of any namm whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilifies. (II) CIN of Round Rock agrees Net payment shall be made within 30 days of the date the pmlect Is completed or the data 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 artily, 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 relocallonuremoval of facifaies outlined in this agreement until Joint Users) remove their facilities attached to Oncor Electric Delivery Poles. (Iv) Customer will supply and Install ad civil to Oncor specifications. Company will provide and insist[ the lights and standards and conductor. IN WITNESS WHEREOF, the Parties have mused this Agreement to be signed by their rimpective duly authorized representatives. Oncer Eleor' Delivery Company LLC A E7 7 Sl§n tura J 1 Jim F. 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