CM-2014-629 - 12/19/2014City of Round Rock
RTE
c as ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Letter of Agreement with Oncor Electric Delivery
Company LLC for the relocation of overhead electric facilities for the new
Seton Parkway Drive Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/19/2014
Dept Director: Gary D. Hudder, Transportation Director
Cost: $21,320.47
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF - Discretionary Service Agreement with Oncor - Seton Pkwy
(00326101 xA08F8), DSA for Seton Pkwy St Lts
Department: Transportation Department
Text of Legislative File CM -2014-629
This is a Discretionary Service Agreement with Oncor Electric Delivery Company for the
installation of 19 new street lights on Seton Parkway and the removal of 6 existing street
lights on Seton Parkway, and the installation of 7 new street lights on Medical Center
Parkway. The cost for these services is estimated to be $ 21,320.47.
Cost: $21,320.47
Funding Source: RR Transportation and economic Development Corporation (Type B)
Staff recommends approval
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LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transportation Project Name: Seton Peftay
Project Mgr/Resource: Bill Slableln Contractor/Vendor: oncer Baceic Delkery Company LLC
Council Action:
ORDINANCE RESOLUTION
City Manager Approval
Attorney Approval
Date U -11—A {
O:\wdoxlSCCinls10199113501MISC100326101.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 cane 3211285
Trensachon ID: 26430
Is made and arrested Into this 11th day d December 3014 . by Once,
Electric Delivery
covenants and torn herein, the Parties agree
1. Discretionary Services to he 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 $21,320.47 for the installation of 19 new street lights on Seton Pkwy, removal of 6 existing street lights on
Seton Pkwy, and Installation of 7 new street lights on Medical Center Pkwy.
3. Nature of service and Company's Recall Deliver,$ervice Tariff-- Any discfefionary services covered by this Agreement
will be provided by Company, and accepted by Customer, in accordance with applicable Public UBldy Commission of Texas ('PUCT')
Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained thereinl, as 8 may from fines to
time he fixed and approved by the PUCT ('Company's Retail Delivery Torero. During the tenet of this Agreement, Company Is entitled to
discontinue service, interrupt eemce, or refuse service inidadon mousses under this Agreement In accordance with applicable PUCT Substantive
Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tanff Is part of this Agreement to the same short as a fully set out
herein. Unless otherwise expressly stated in this Agreement, the terns used main have the meanings ascribed thereto In Company's Retail
Delivery Tarts.
3. Discretionary S service Ch ranges- Charges for any discretionary services covered by this Agreement are determined in
accordance with Company's Retail Delivery Tenth Company and Customer agree to comply with PUCT or court orders conceming
discretionary service Merges.
4. Tom a ntl Termination-- This Agreement becomes effective upon acceptance by Customer and whereas in effect until
completion of tsquestert conslmchon Termination of this Agreement tices not relieve Company or Customer M any
obligation accrued or accmiN prior to nomination,
5. No Other Obligations-- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service
not expressly provitled for hehom Customer is responsible for making the arrangements necessary for it to receive any former services that it
may desire from Company or any third party.
8. Governing law and Regulatory Authority -This Agreement was amended In the state of Texas and must in all respects
be goveme , by, interpreted, construed, and enforced in accordance with the laws thereof. TMs Agreement a subject fo all val'd. applicable
federal, state, and Iocel laws, advances, and rules and negulitons of duly mnstitukd regulatory authorities having jurisdiction.
7. Amendment -This Agreement may be amended only upon mutual agreement of ins Pates. which amendment will not be
effective until reduced to writing and executed by the Paries. Bud changes m applicable PUCT Substantive Rules and Connell Retail
Delivery Tariff are applicable to Nis Agreement upon their effective date and do not require an amendment of this Agreement.
8. Entirety M Agreement a nd Prior Agreements s uprmaed- This Agreement including all attached Exhilft which are
expressly me de a part hereof for all purposes, constitutes the entire agreement and mWemtanding between the Pates with regard to Ne
service(s) expressly provided for In this Agreement. The Pates ere not bound by or liable for any statement, representation, promise,
inducement understanding, or undertaking of any kind or nature (whether when of omit with regard m the subject matter hereat out set font or
provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Pates with raged t the
subject mailer hereof, including without limitation NO, and all such agreements and undertakings
are agreed by Ne Pates to no longer be of any force or effect It is expressly acknownedged the the Parks 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 It hand delivered or sent by United
Stades coati mail, return receipt requested, postage prepaid, to:
(a) If to Company:
Oncor Electric Delivery
AM Bob Fa key
350 Texas Ave.
Round Rork T% 70864
ONCPR
0- kA -)-6i4- w)9
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Fortes
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 2 of 2
(b) Ifta Customer,
City Of Round Rack
Abe: Bill Stablein
2008 Enterprles Dr.
Round Rock. TX 78884
The above -listed names, titles, snit addresses of either Party may be changed by written notification M Me Other.
10. Invoicing and Payment— Invoices for any discretionary services covered by this Agreement will be mailed by Company to
Me following address (or such other address directed In venting by Customer), unless Customer is capable a recelving electronic invoicing from
Company, In which case Company is enticed to transmit electronic invoices to Customer
City Of Round Rork
Ann: Bill Sfablein
2008 OMe Dr.
puff—ndl�ack-TSC98W
It Company transmits electronic invoices to Customer, Customer mu at make payment W 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 tee will to calculated and added to the Mal balance until the entire invoice Is paid. The late fee will be 6% of the unpaid balance per
Invoice period.
11. No Waiver-- The failure of a Party to MIs Agreement to insist, on any octaelon, upon strip performance of any provision of
this Agreement will not be considered to waive Me obtigabons, rights, or duties imposed upon the Parties.
12. Taxes - - All present or future federal,state, muicipal, or pier lawful to xes(Other than fatlerel income taxes)applicable by
reascn of any service performed by Company, or any compensation paid to Company, hereunder must be read by Customer.
13. Headinge -- 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 Me interpretation or construction of this Agreement
14. Multiple C ounterpar s — This Agreement may be executed in Iwo or more counterparts, each of which is deemed an
original but all constitute one and the same instrument.
15. Other Terms and conditions —
n) Customer has disposed to Company all underground facilities owned by Customer or any other only that 5 not a public
utility or governmental entity, that are located within real property owned by Customer In the event Mat Customer has failed w do sc, or in Me
event of Me existence of such fldlities of which Customer has no knowledge, Company, its agents and contractor, shall have no liability, 0 any
nature whatsoever, to Customer, or Customers agents or assignees, for any actual or mnsepuential damages resulting from damage to such
undisclosed or unknown facillbes.
(II) City O(RoundRock agrees Mat payment shall to made within 30 days of the date the protect
Is completed! or the data the invoice is received, whichever Is War,
(III) The Discretonary Service Charges provided In this agreement are for Oncor Electric Delivery facilities only and do not
Induce any chargee related to the relocation of any facilNes owned by a franchised past , governmental entity, or licensed service provider
(Joint User). The customer must contact all Joint Users and make arrangements to have their facilities banaWrted or indurated. Oncor Electric,
Delivery cannot complete the relocatbnhennoval of facilities outlined in this agreement until Joint Userls) remove their facilites attached to Oncor
Electric Delivery Poles.
Irv)
IN WITNESS WHEREOF, the Pares have caused this Agreement to be signed by Meir respective duly authorized representatives.
Oncor Electric D/,,e/l((i'v/'e�1)ry„Cyanmpari LLC
spin Falkus ” (J�?w—w
Signature
I Fe kua
Printed Name
Su. Manager, New Construction Management
Tae
Date
City 0 Round Rack
Cia r / Entity
Signaghure
Printed Name _ I
\A A �pne
Title
/-lo i5
Date ��R