CM-2016-1042 - 2/26/2016WR #: 3294536
ONYCR
EXHIBIT "A" — Registered
Project Name:
Steam
SUPPLEMENT TO THE AGREEMENT FOR STREET LIGHTING SERVICE BY AND BETWEEN
ONCOR ELECTRIC DELIVERY COMPANY AND THE CITY OF ROUND ROCK
This Supplement ("Supplement") to the Agreement for Street Lighting Service dated n/a ("Agreement"),
is made and entered into this 27th day of January 2016 , by Oncor Electric Delivery Company
LLC, a Delaware limited liability company ("Company") and THE CITY OF ROUND ROCK ,
("Customer") both hereinafter referred to as the "Parties." In consideration of the mutual promises and
undertakings herein set forth, the Parties hereby agree to amend the Agreement as follows:
1. The following Request for Street Lighting Service is hereby added to the Agreement:
Request for Street Lighting Service dated January 27, 2016 , attached hereto.
2. This Supplement shall become effective upon execution by the Parties.
3. This Supplement is subject to the terms and conditions of the Agreement.
4. If Customer has arranged for its designated agent or representative ("Customer's Agent") to pay to Company
the contribution -in -aid -of -construction ("CIAC") referenced in the Agreement, then Customer's Agent shall
execute this Amendment for the sole purpose of establishing such agent's agreement to pay such CIAC.
5. Except as otherwise provided herein, the Agreement shall continue in full force and effect in accordance with its
terms.
IN WITNESS HEREOF, the Parties have caused this Supplement to be executed in several counterparts, each of
which shall be deemed an original but all shall constitute one and the same instrument.
ONCOR ELECTRIC DELIVERY COMPANY
Jim Krumnow °---
Signature - Oncor Representative
Jim Krumnow
,HE CITY OF ROUND ROCK
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Signature — CCusto/mer� epresentativ
Printed Name — Oncor Representative
Printed Name R presentative
New Construction Manager, Sr.
�—Customer
C% ! V � �jl U-y'lC >° t�
Title - Oncor Representative
Title — Customer RepreseA, tative
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January 27, 2016
- t(,
Date Signed — Oncor Representative
Date Signed — Customer Representative
............................................................................................................
"For CIAC purposes only
pursuant to Section (4) above"
Signature — Customer's Agent
Printed Name — Customer's Agent
Title - Customer's Agent
Date Signed — Customer's Agent
0411,2t)16-100-
88332.010002 DALLAS 49285v1
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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
6.3.5 Discretionary Service Agreement
Page 1 of 2
WR #: 3294536
Transaction ID: 30074
This Discretionary Service Agreement ("Agreement") is made and entered into this 25th day of November 2015
by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company
and distribution utility, and Altman Development Company ("Customer"),
a n/a , each hereinafter sometimes referred to individually as "Party"
or both 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.
Install 5 roadway lights and underground circuit on Steam Way Blvd in the Altman Tract, Round Rock. Customer to pay Company $
$1,637.12 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 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 ("Company's 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 Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is
part of this Agreement to the same extent as if f ully 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 Ta riff. Company and Customer agree to comply with PUCT or court
orders concerning discretionary service charges.
4. Term and Termination — This Agreement becomes effective upon acceptance by Customer and continues in
effect until work and protect is complete.
Termination of this Agreement does not relieve Company or Customer of any obligation 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 laws 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 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 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 n/a
and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It i s 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 given under this Agreement are deemed to have been duly delivered if hand delivered or
sent by United States certified mail, return receipt requested, postage prepaid, to:
(a) If to Company:
Oncor Electric Delivery Company
Attn: Jim Krumnow
350 Texas Avenue
Round Rock, TX 78664
6
NCPR
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:
Altman Development Company
Attn: Scott Sharitz
1958 Steam Way
Round Rock, TX 78665
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 will be mailed by
Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving
electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer.
Altman Development Company
Attn: cott hantz
1958 Steam Way
Round Rock, TX 78665
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 Waiver — The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any
provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties.
12. Taxes — All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes)
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 Counterparts -- This Agreement ma y 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 —
(i) 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.
(ii)
Customer will provide and install all of the civil necessary for this project to Oncor's specifications. Oncor will inspect facilities
during construction and must accept prior to schedule of installing lights and wire. Oncor will provide the standards and street light
boxes.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
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jimmy.krumnoDgaaiy.igndby
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Signature
Signature
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Date: 2015.12.10 22:14:08 -06'00'
Jim Krumnow
Scott Sharitz
Printed Name
New Construction Manager, Sr.
Title
November 25, 2015
Date
Printed Name
Date
President
December 12, 2015
6NCPR
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City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Supplement to the Agreement for Street Lighting
Service with Oncor Electric Delivery Company, LLC for 5 additional street
lights for the Steam Way project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/26/2016
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost:
Indexes:
Attachments: Steam Way - Oncor Agreement, Steam Way - Oncor Exhibit, Steam Way
- Service Agreement
Department:
Text of Legislative File CM -2016-1042
Consider executing a Supplement to the Agreement for Street Lighting Service with
Oncor Electric Delivery Company, LLC for 5 additional street lights for the Steam Way
project.
Consider executing a Supplement to the Agreement for Street Lighting Service with
Oncor Electric Delivery Company, LLC for 5 additional street lights for the Steam Way
project.
The recommended action is to approve the supplement agreement for street lighting
service.
City of Round Rock Page 1 Printed on 212512016