CM-11-07-137ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a Discretionary Service Agreement with Oncor Electric Delivery
Company LLC to relocate overhead facilities for the Kenney Fort Boulevard (aka Arterial A)
Project.
July 1, 2011
Department: Transportation
Project Manager: Bill Stablein
Item Summary:
Kenney Fort Boulevard is a six -lane divided arterial roadway from Joe Dimaggio Boulevard southbound to Forest
Creek Boulevard. Oncor Electric Delivery Company LLC has a single service line that crosses the proposed alignment
of Kenney Fort Boulevard and is in an existing easement. This Discretionary Service Agreement with Oncor is for the
removal of one pole and the installation of two poles in the existing overhead line, one on the west side and one on
the east side of the proposed road. The cost for this work is $6,015.57.
Strategic Plan Relevance:
Goal No. 26: Construct major element of the transportation and mobility system as approved by Council in the
Master Transportation Plan.
Cost: $6,015.57
Source of Funds: Round Rock Transportation Development Corporation Construction
REV. 6/10/10
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
8.3 Agreements and Forms
Applicable: Endre Certified Service Area
Effective Date: January 1.2002
6.3.4 Discretionary Service Agreement
Page 1 of 2
Revision: Original
TMs Discretionary Service Agreement r"Agreement") is mads and entered into this 21 day of June, 2011, by Oncor
Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and CITY
OF Round Rock (-Customer), a munidpat of Texas each hereinafter sometimes referred to indh iduaiy as 'Party' or both
referred to coiecdvsy as the 'Pardee. In considsradon of the mutual covenants set forth herein, the Pastes agme as follows:
1. Diserstionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the
foaming discretionary services in accordance with this Agreement [Specht below or in an sttadhed exhibit the discretionary senice(s) to
be provided, the applicable ear schedule(s), dee location at whir* discretionary service(s) wile be provided. and any supplemental tams
and conditions applicable to such service(s).]
2. Now. of Service and Company's Rated Delivery Service Tsil f — Any discretionary services covered by this
Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Pubic Unity Commission of Texas
("PUCT') Substantive Ruins and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it
may from time to time be fbad and approved by the PUCT i'Comparry's Reith Delivery Tadir). During the term d this Agreement.
Company is entitled led to discontinue service. Mtsnrupt service. or refuse service Walton requests undsr tiffs Agreement in accordance
wife appicable PUCT 8ubstantivs Rules and Company's Retail Delivery Tad6 Company's Retail Delivery Tariff is part d this Agreement
to the same cion as if Aly sot out hemin. Unless otherwise expressly stated M this Agreement, the tams used herein have the
meanings ascribed thereto in Company's Retail Delhary Tariff.
3. Dlecretlsrary Service Charges — Charges for any discretionary sewias covered by this Agreement are
dsWmined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders
concerning discredonwy service charges.
4. Term and TenMnation — This Agreement becomes effective and continues
in effect until project is completed Terrmination of this Agreement does not relieve Company or Customer of any obligation waved or
waning prior to termination.
5. No Other Obllgstlons — This Agreement does not obligate Company to provide, or ed ide 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 dash from Company or any third panty.
6. Governing Lawn and Regtdatory Authority — This Agreement was executed in the State of Tens and must in el
respects be governed by, interpreted. construed, and enforced in accordance with to taws thereof: This Agreement is subjed to al
valid, smokable federal, star. and local hws, ordinances, and rules and regulations of duly constituted regulatory authorities having
7. Amendment -"This Agreement may be amended only upon mutual agreement of the Parties. which amendment will
not be effective unM induced to writing and executed by the Parties. Out changes to applicable PUCT Substantive Rulss and Company's
Retail Debar/ Tarts are appdcabis to this Agreement upon their effective dale and do not require an amendment of this Agreement.
6. tndrety of Agreement and Prior Agreements Superseded — This Agreement, including ail attached Exhibits,
which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parks with
regard to the Navigate) exp ossy provided for in this Agresnresnt. The Parties are not bound by or liable for any statement
rpressntation, promise. ind uoemaK, understanding, or undertaking of any kind or nature (whether vaillen or oral) with regard to the
subject metier hereof not set forth or provided for hank. This Agreement replaces ale prior agaemards and undertakings, oral or written,
between the Parties with regard to the subject matter hereof, including watteug limitation _NIL (specMy any prior agreements being
superseded). and al such is expressly
acknowledged that Partiessmmay terve der sgm.ments covents and undertaidngs we vssdng other ed by theParties
da s not expressly provided to no longer be d f herreinforce or �whichht agreements
are unaffected by this Agreement.
f, NsUoes -- Notices given under this Agreerra d are deemed to have been duly *revered if hand dowered or sent by
United Stats certified mai. return receipt requested, postage prepaid, to:
(s) M to Company
eder
ONCOR Electric Delivery
3620 Franklin Ave
Waco, Texas 76710
JN- L(-tfl-i
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC, a Delaware limited liability company
8.3 Agreements and Rains
Applicable: Entire Certified Service Area
Effective [ate: January 1. 2002
Page 2of2
Revision: Original
(b) It to Customer:
8N Stabeih
City of Round Rock
221E Mein St
Round Rods, Texas 78084
The above -listed names, tiles, and addresses of etcher Party may bs changed by written notification to the other.
10. Invoicing and Payment — Invoices for any disc stionary services covered by this Agreement will be
mailed by Company to the fcNowtrg address (or such other address directed in writing by mer). unless Customer is
capable d receiving electronic invoking from Company. In which case Company is entitled to transmit electronic invoices
to Customer.
BIN Stsblein
City of Round Rock
221E Mab St
Round Rode. Texas 78084
If Company transmits s electronic invoices to Customer. Customer must male payment to Company by eleckonie funds
transfer. Electronic invoicing and payment by electronic funds Pansfut wNi be corded in accordance with Company's
standard procedures. Company must receive payment by the due dale specified on the Invoice. if payment is not
rsahrsd by the Company by the due date shown on the invoice, $ Ms fee wile be calads d and added to the unpaid
Wince until the entire invoice is paid. The late fee will be 5% oleo unpsid balance per Invoice period.
11. No Waiver — The failure d s Party to this Agreement to insist, on any occasion. upon stoic
performance of any provision of this Agreement will not be considered to waive the obligations. sights, a duties Imposed
upon the Parties.
12. Takes — AN present or future federal, state. municipal or other law* taxes (other than federal
income toes) applicable by reason of any service performed by Company. or any compensation paid to Company,
hereunder must be paid by Customer.
13. Headings — The dssatptlw 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 d
which is deemed an original but ale constitute one and the same instwrhsrht.
15. Other Tins and Conditions —
a) Oncor agrees remove $ pole which is in conflict vat the read construction for Arterial A by placement
d two poles on the east and west side of the road between the proposed drainage channels and retaining
b) Cost contained k1 this agreement is good for 00 days from the date of this swoons,* (June 21, 2011).
City must 1) sign and oeton this document to Omer Elsc$c Delivery 2) Raid right ofway must be
secured by City before connrusion may begin. In the event that Mese Mems am not compiled by the City
of Round Rock within this Mims frame, Oncor Electric Delivary will recalculate the cost of work requested by
the City of Round Rock and provide a new agreement with updated costs and time frames.
c) City of Round Rock agrees that payment shell bs make within 30 days of the dale the project is
completed or the date the invoice is received, wfhichevsv le later.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorised representatives.
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