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CM-11-07-145/ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Manager Approval Summary Sheet Consider executing a Letter of Agreement for electric service to playground and restrooms Item Caption: at the Rabb House by Oncor Electric Delivery Company LLC. Approval Date: July 15, 2011 Department: Parks and Recreation Department Project Manager: David Buzzell, Park Development Manager Item Summary: This item will allow the City Manager to execute a Letter of Agreement (LOA) with Oncor Electric Delivery Company for an overhead electric service to Rabb Park. The LOA is required for Oncor to commence work on the project. A purchase order (#33635) in the amount of $8,942.65 has already been approved and issued for the work associated with this LOA. Additionally, an Easement and Right -of -Way agreement has also been approved and recorded for the work associated with this LOA. The new overhead lines will provide electrical service for the new restroom building at Rabb Park, Play for All Abilities Park and a new service feed for the Rabb House. The existing electrical service to Rabb House is not sufficient enough to serve the new facilities. Strategic Plan Relevance: Goal 34.0 — Implement the Parks Plan once adopted. Goal 36.0 — Develop recreation and library options that respond to a growing diversity of residents and visitor interests. Cost: $8,942.65 Source of Funds: General Self -Financed Construction REV. 6/10/10 05/20/11 City of Round Rock Attn: Steve Norwood 221 E. Main St Round Rock Tx 78664 RE: Serving Playground and Restrooms at Rabb House Dear: Steve Norwood City of Round Rock ('Customer') has requested that Oncor Electric Delivery Company LLC, a Delaware limited liability company ('Company'), provide additional electric facilities sufficient to provide electric service for 1.1 kW at Rabb House. Pursuant to company's Tariff for Retail Delivery Service, Customer is responsible for $8,942.65 as payment for the Customer's portion of the cost of installation of Company's additional electric delivery facilities, such payment to be and remain the property of the Company. Customer's payment in full is due at the time this agreement is returned to Company. Company at all times shall have title to and complete ownership and control over said facilities. Customer is responsible for providing, without cost to the Company: (1) suitable space on Customer's premises for the installation of the facilities; and (2) rough site grading to final grade along the route of the facilities and clearing the area of all obstructions. Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed 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 liability, of any nature whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. In order to provide electric facilities, the Customer has elected to provide, without cost to the Company, all civil construction necessary to install Oncor Electric Delivery facilities on the Customer's premises, including labor and material. This agreement supersedes all previous agreements or representation, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. This agreement, if not accepted within 30 days of the date of this letter, will be of no force and effect. Acceptance shall consist of delivery of an executed copy of this agreement to Company. Please be aware that the start date of this project will be no earlier than two weeks following the execution of this agreement along with any payment that may be required pursuant to Company's Tariff for Retail Delivery Service. A more definitive installation schedule will be provided upon your delivery of this agreement and payment to assist in your planning for this project. Sincerely, Earlene Folmar Oncor Representative e,w-u-oi- ice If City of Round Rock agrees to the conditions set forth in this agreement, please execute the agreement and return it along with your payment of $8,942.65 to the address below. Signature Date ,5°.7-ei)ic'ketz9c1,9 6_, -ir/(1,e..).(e<ez.__ Printed Name Title Please send the signed agreement and your check to: Oncor Electric Delivery Attn: Stephanie Price 350 Texas Ave Round Rock Texas 78664 WR 3130917 Transaction ID 22206