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CM-13-01-017ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY CM- 13--01-ORECEIVED JAN 2 4 2013 City Manager Approval Form Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to relocate existing distribution facilities for the Chisholm Trail Road Phase 3 Project. Item Caption: Approval Date: January 25, 2013 Department Name: Transportation Department Project Manager: Bill Stablein Assigned Attorney: Steve Sheets Item Summary: Chisholm Trail Road north of FM 3406 serves a number of properties, including a Fedex freight transfer station, a car dealership, and a number of other commercial and residential properties. This road will will serve as the access point to the City of Round Rock's new Sports Complex, located at 2400 Chisholm Trail Road. The current configuration of Chisholm Trail Road is a two lane rural section with open ditches and no pedestrian facilities, which is inadequate to serve the needs of the Sports Complex and the anticipated future development along the road. With this project, Chilholm Trail Road will be widened to to a five lane curb and gutter section with pedestrian facilities and a second driveway to the sports complex site. Oncor Electric Delivery Company LLC needs to relocate current facilities to the utility easement along the proposed second driveway to the Sports Complex at a cost of $19,027. No. of Originals Submitted: Two Project Name: Chisholm Trail Phase 3 Cost: $19,027 Source of Funds: RR Trans Dev Corp Construction Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 1/23/13 Department Director Approval: Gary Hudderr Date: 1/17/13 "Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.'" CIP I I ❑� Budget Z Purchasing El ❑ Accounting ❑� 111 N/A OK N/A OK N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Fenn* Applicable: Entire Certified Service Area Effective Date: September 21, 2009 6.3.5 Discretionary Service Agreement Page 1 of 2 WWR # 319106 Transaction ID: This Discretionary Service Agreement ("Agreement) Is made and entered Into this 11 day dr January 2013. by Oncor Electric Delivery Company LLC ('Oncor Electric Delivery Company' or -Company'). a Delawarlimited Rabidly company and distribution utINty, and City o1 Round Rock ("Customer"), a goverment each hereinafter sometimes referred to individually as Tarty' or both referred to collectively as the 'Part es". In consideration of the mutual covenants set todh haulm 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. C.P. & Y. has requested company to relocate existing distribution facilities for the widening of Chisholm Trail Rd. Ph. 3 project and for the proposed "Access Drive'. Facilities located on the proposed "Access Drive" are within a platted utility easement (Doc: *2010062266). Company will relocate 4 poles, overhead, underground conductors with ancillaries as Indicated on the attached print. The cost to relocate fadities is $19,027.00. 2. Nature of Service and Company's Retail Delivery Service Tariff — My 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 Posed end approved by the PUCT ('Company's Retail Delivery Tariff. During the tem) of MIs 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 fully set out herein. Unless otherwise expressly stated In Mia Agreement, the terms used heroin have to meanings ascribed thereto in Company's Retail Delivery Tarts. 3. Dlscrstlonary Service Charges - Charges for any discretionary services covered by this Agreement are detem ined kis accordance with Company's Retail Delivery Tariff. 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 an estimated completion date of April 16, 2013 . Teminahon of this Agreement does not relieve Company or Cust omer of any obligation accrued or accruing prior to termination. 6. 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 t o receive any further services that It may desire from Company or any third party. 6. Oova ring Law and Regulatory Authority — This Agreement was executed In the State of Texas and must In al respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all vend, applicable federal, state, and local laws, ordinances, and rules and regulations of duty constituted regulatory authorities having jurisdiction. 7. Amendment —TMs Agreement may be amended ded only upon mutual agreement o1 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 elIective date end do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded - This Agreement indutng all attached Exhibits, which are expressly ma de a pan hereof for all purposes, c on stltutea 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 Nabi for any statement, representation, prorNse, inducement understanding, or undertaking of any kid or nature (whether written or oral) wlh 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 Pariles with regard to the subject matter hereof, insuring without Imitation NA 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 given under this Agreement are deemed to have been duly delivered H hand delivered or sent by United States certified mail, return receipt requested. postage prepaid, to: (a) If to Company: Oncor Electric Delivery Company 3820 Franklin Ave Waco. TX 78710 6 R C-oio19 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 City of Round Rock The above -listed names, titles, and addresses of either Party may be changed by written notllcation 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 eledronk invoicing from Company, In which case Company is entitled to transmit electronic imroices to Customer. City of Round Rock 2008 Enterprise Round RockTX 78854 Attn: Bill Stableln If Company transmits electronic Invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoking and payment by electronic funds transfer will be conducted In accordance with Comnpany's standard procedures. Company must receive payment by the due date spedfled 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 invoke 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 -- AN present or future federal, state, muldpal, or oler 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 ankles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no aigndtcance in the interpretation or construction of this Agreement. 14. Multiple C ountsrparts — This Agreement may be executed In two or more counterparts, each of which is deemed an original but al constitute one and the same Instrument. 15. Other Terms and Condklons — (1) Customer has disclosed to Company all underground fadNSes owned by Customer or any other party that is nota 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 fadNttes of which Customer has no knowledge, Company, its agents and contractors, shall have no Nobility, of any nature whatsoever, to Customer, or Customer's agents or assignees. for any actual or consepuentld damages resulting from damage to such undisclosed or unknown fadlfles. (N) CIM of Round Rock agrees that payment shell be made wtlHn 30 days of the date the project is completed or the dale the invoke Is received, whichever is later. (NI) The Discretionary Service Charges provided In this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery cannot complete the relocation removal of facilities outlined in this agreement until Joint User(s) remove their fadlities attached to Oncor Electric Delivery Poles. (iv) Relocation cost of 819,027.00 Is valid for 45 days begs nring on January 1 lth, 2013. IN WITNESS WHEREOF, the Parts have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Fompany LLC City of Round Rock Entity teetio d rren Les Davis Printed Name Project Manager Tile January 11, 2013 Date taA _� &r 7/2SA.3 Date