CM-08-08-2176.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January L 2002
Original
6.3.4 Discretionary Service Agreement
Tarrfff for Retail Delivery Service
Oncor Electric Delivery Company
This Discretionary Service Agreement ("Agreement"} is made and entered into thi
by Oncor Electric Delivery Company LLC, a Delaware limited liability corn any, and
Municipality, each hereinafter sometimes ef d
PY
Revision• -7�
Cly 1) -1- Rou,u a
24 day of June. 2008,
("Customer"), a
rduaily as "Party" or bot 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.
6 -
de -energize the electric everhe dLfe der for the purpose of installing traffic signals aY SERVICE tEa costo $285.65 agreement is the cost to
2. Nature
ice and
covered by this Agreement w$ebe providedy Company's
accepted by Customer, Service In accordant discretionary
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
interrupt nservice, orD refuse service initiation he term requests othis f
Agreement,
his Agreement Compin accordance to 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. Terra and Termination — This Agreement becomes effective 9/1/08 and continues in effect until 9/2/08 .
Termination of this Agreement does not relieve Company or Customer of any obfigation 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 taws 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 Defivery 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 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 ven under
eent are deemed havbeen
delivered or sent by United States certified mail, return ireceipt Agrreested, postage prepaid, to:
(a) If to Company:
Oncor Electric Delivery
Attn: Jesse Trevino
350 Texas ave
Round Rock , Texas 78664
GM -O -08 -2lz-
duly delivered if hand
(b) If to Customer.
41t;: ti AIt Q1
Willittrrreeri- C-41-1-'1 14 ?Z.to f.Wd Rock.
Cilemmorse-street:. 221 C. Ala 4s S4
Round Rock, Texas 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 wit€ be
capablemailed ofCreceiving electronic to the i invoicing frwing om (or
Comp ny, in which casdress e Company is entitled rected In to transmit elect electronic invoices
less Customer is
to Customer.
Oncor Electric Delivery
Attn: Jesse Trevino
350 Texas ave
Round Rock , Texas 78664
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
of anon y provision of thisaiver – The Agreement fwill� notre fbe considered tos waive the obligati obligations, or duties imposed upon the
Parties. present
12.
Taxes –
ure
taxes) applicable by reason Alllof any service tperforrnedl�by Comp ny, or any cmunicipal, or ompensation pawful taxes id toaCompanr than y 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 - Williamson 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.
CAI atit /
Oncor Electric Delivery
t t &4 1 (� iQL�oV d l2dc _
BY: [ 11J
BY:
TITLE:
DATE:
TI410 CIA/1141
DATE: '3.• ` .9
REMIT TO AND MAKE CHECK PAYABLE TO:
ONCOR ELECTRIC DELIVERY
350 Texas Ave.
Round Rock, Texas 78664
Attn: Jesse Trevino
Fax: (512-2445661)
Customer:
Name: City of Round Rock
Address: a se -St: ,a2/ E.
City: Round Rock
ATTN: Bill Stablein
State: Tx Zip:78664
Description
69R
Statement
Of
Charges
WR- 2953632
Date: 6/24/48
Unit Price
Cost to install isolators for the purpose
of de -energizing the overhead electric
feeder, at Gattis School Rd. and Surry
st.
2985.65
Total Due
Upon Recipt
Remit payment to the Above Address.
Please Include the WR# on your check.
If you have any questions about this
Statement of Charges please contact
-4
$2985.65
s SGNG
GO
��
NG
4�
Traffic Signal for
Surrey Drive @ Gattis School Road
DATE: August 13, 2008
SUBJECT: City Manager Action - August 22, 2008
ITEM: Consider executing a Discretionary Service Agreement with Oncor Electric
Delivery Company for the intersection of Gattis School Road and Surry Street.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
Due to the close proximity of the overhead electrical lines, the signal pole foundation cannot
be drilled or the pole erected at this intersection until the power is rerouted and de -
energized to comply with safety laws.
Funding:
Cost: $2985.65
Source of funds: Traffic Signal - 4B
Outside Resources: N/A
Background Information:
The project for the South Creek and Surry Traffic Signals was awarded to Austin Traffic
Signal on November 8th, 2007 by the City Council as Resolution #R -07-11-08-10E4.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04