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CM-14-02-325ROUND ROCK TEXAS PURPOSE AMON PROSPERM City of Round Rock Agenda Item Summary Agenda Number: Title: Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Department: Consider executing a Discretionary Service Agreement and an Agreement for Street Lighting Service Supplement with Oncor Electric Delivery Company LLC to install street lights on Chisholm Trail Road and on Access Road to the Sport Complex. City Manager Item City Manager Approval 2/14/2014 Gary Hudder, Transportation Director $32,745.46 RR Transportation and Economic Development Corporation (Type B) DSA, Illumination Layout 2-6, St. Light Agreement Transportation Department Text of Legislative File CM -14-02-325 Chisholm Trail Road Phase 3 Improvements Project will reconstruct Chisholm Trail Road to a five -lane urban roadway with curb and gutter section. This additional capacity for the roadway will aid the newly constructed Round Rock Sports Center. Oncor Electric Delivery Company LLC will install the street lighting as specified for this project in the amount of $ 32,745.46. This supplemental agreement will pay for the contribution -in -aid -of -construction (CIAC) for the street lighting on Chisholm Trail Phase 3 Improvements. Staff recommends approval. City of Round Rock Page 1 Printed on 2/13/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Transportation Project Mgr/Resource: Bill Stablein Council Action: ORDINANCE Agenda Wording Project Name: Chisholm Trail Road Phase 3/Sports Complex ContractorNendor: Oncor Electric Delivery Company LLC n RESOLUTION City Manager Approval CMA Wording Consider executing a Discretionary Service Agreement and an Agreement for Street Lighting Service Supplement with Oncor Electric Delivery Company LLC to install street lights on Chisholm Trail Road and on Access Road to the Sport Complex. Attorney Approval Attorney Notes/Comments O:\wdox\SCCInts\0127\1400\MISC\00292099.XLS Updated 6/3/08 6oR EXHIBIT A — Non -Registered WR #: 3193338 Project Name: Chisholm Trail Road, Ph 3 and Access Drive 1 - AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT BETWEEN Citv of Round Rock , Texas ("Customer") and Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"). City of Round Rock agrees to pay Company $0.00 in consideration of Company's agreement to install said street lights and understands that no construction work will begin until after Company has received full payment. Company agrees to install, own, operate and maintain said street lights in accordance with its street lighting agreement with customer. However, if City or Developer fails to pay, on demand, the amount indicated above, this supplemental agreement is automatically terminated. All parties agree that Company will retain for its use and benefit the payment received hereunder in consideration of its obligation to install said street lights and that Company at all times has title to, and complete ownership and control of, said street lights. Company is not liable for loss or injury caused by delay or failure to install the electric facilities necessary to serve customer because of delay in receiving shipment of required material, orders or formal request of governmental agencies, acts of God or the public enemy, inevitable accidents, fire, explosions, strikes, riots, war, or any other causes reasonably beyond control of the Company. If Company is prevented from Installing such electric facilities by any of the above causes, Company agrees to retum to City or Developer, without interest, the entire amount of City or Developer's payment, thereby terminating this supplement and Company's obligation to provide the electric facilities described herein. • This agreement Is entered into subject to the terms of the Agreement for Street Lighting Service between the Customer and the Company. Oncor Electric Delivery Company LLC Ieslie.davis©oncor.com Oncor Representative — Signature Les Davis Oncor Representative — Printed Name Project Manager Title 02-06-2014 Date City of Round Rock Customer Representative — Signature Customer Representative — Printed Name a Title Date N/A Developer Developer Representative — Signature Title cm- ILA -3D -3a5 • Developer Representative — Printed Name Date QOR AGREEMENT FOR STREET LIGHTING SERVICE SUPPLEMENT WR #3193338 - Project Name: Chisholm Trail Rd, Ph. 3 and Access Drive City of Round Rock, Texas ("Customer") and Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"). Customer requests and authorizes Company to provide street lighting as follows below and on sketch(s) attached hereto and made a part hereof. Actions: Addition X Removal • Action Qty Wattage Light Source Rate Schedule / Group Identifying Luminaire / Pole Type Location Address, etc.) (See Attached Sketch) A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 167ft north of Wolle Lane 3724258-2779367 A 1 250 1 -IPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 388ft north of Wolle Lane 3724261-2779587 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 612ft north of Wolle Lane 3724269-2779791 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 828ft north of Wolle Lane 3724273-2780038 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 1048ft north of Wolle Lane 3724278-2780259 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 1268ft north of Wolle Lane 3724282-2780478 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 1488ft north of Wolle Lane 3724289-2780702 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 1668ft north of Wolle Lane 3724295-2780903 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 1908ft north of Wolle Lane 3742300-2781122 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (eastside) 2128ft north of Wolle Lane 3724304-2781344 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 58ft north of Wolle Lane 3724191-2779259 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 278ft north of Wolle Lane 3724196-2779486 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 470ft north of Wolle Lane 3724201-2779679 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 714ft north of Wolle Lane 3724205-2779929 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 911 ft north of Wolle Lane 3724208-2780120 A 1 250 BPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 1131 ft north of Wolle Lane 3724271-2780340 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Tqul Rd (westside) 1351 ft north of Wolle Lane 3724224-2780560 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 1571 ft north of Wolle Lane 3724230-2780780 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 1754ft north of Wolle Lane 3724237-2780966 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 1974ft north of Wolle Lane 3724244-2781181 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Chisholm Trail Rd (westside) 2194ft north of Wolle Lane 3724258-2781397 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 66ft west of Chisholm Trail Rd 3742202-2780888 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 286ft west of Chisholm Trail Rd 3723976-2780882 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Driveto Sport Complex 506ft west of Chisholm Trail Rd 3723751-2780877 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 720ft west of Chisholm Trail Rd 3723524-2780860 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 937ft west of Chisholm Trail Rd 3723300-2780891 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 1128ft west of Chisholm Trail Rd 372082-2780878 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 1339ft west of Chisholm Trail Rd 3723059-2780662 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 1551 ft west of Chisholm Trail Rd 3723032-2780446 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 1771 ft west of Chisholm Trail Rd 3723032-2780224 A 1 250 HPS A Cobra Head Cutoff Housing 40' Galvanized Steel Access Drive to Sport Complex 1991ft west of Chisholm Trail Rd 3723028-2780003 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 d 3193338 Transaction ID: This Discretionary Service Agreement ('Agreement') is made and entered Into this 7 day of February 2014 by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company or "Company"), a Delaware limited liability company a dry distribution utility, and City of Round Rock ("Customer"), a muNdpallN 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 foNows: 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. InstaN 21 street lights on Chisholm Trail, Phase 3 and 10 street lights on Access Road to the Sport Complex. Customer to supply and Install all 2" PVC conduit, concrete street lighting foundations and street light handholes. Customer to pay Company additional costs In the amount of $32,745.48 for tits worts noted on Item 16 Qv). 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), u 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 Tarts Is part of this Agreement to the same extent as if fully set out herein. Unless othenrise 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, Tenn and Termination -- This Agreement becomes effective upon acceptance by Customer and continues In effect until prosect 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. 8. 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 Retell Delivery Tarts 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 — Thla Agreement, including ail attached Exhibits, which are expressly ma de a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the services) 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 ail prior agreements and undertakings, oral or written, between the Parties with regard to t he 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 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 if hand delivered or sent by United States certified mall, retum receipt requested, postage prepaid, to: (a) If to Company: Oncor Eielchic Delivery Mn: Lu Dewe 3820 Franklin Ave Waco. Tx 78710-7328 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) N to Customer. CIN of Round Rock BIN Stablein. Construction Coordlnal 2008 Enterprise Dr. Round Rock. Tx 78884 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 Ci Company f is enti Ro�dcto transmit electronic invoices to Customer. r BIN Stableln. Construction Coordinat 2008 Enterprise Dr. Round Rock, Tx 78884 If Company transmits electronic invoices to Customer, Customer mu st 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 specilled 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. Taxa -- All present or future federal, state, muicipai, or oter lawful taxes (other than federal Income taxes) applicable by reason of any service performed by Company, or any compensation pail 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 ere to be afforded no significance In the interpretation or construction of this Agreement. 14. Multiple C ountsrparts — This Agreement may be executed In two or m ore counterparts, each of which is deemed an original but all constitute one and the same Instrument. 16. Other Terns 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 govemmental 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, shaN 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. CIN of Round Rock agrees that payment shah be made within 30 days of tpe date the project is completed or the date the invoice 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 ell Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery cannot complete the relocation/removal of fadlfles outlined In this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (Iv) Company to install 7,300 linear feet of underground duplex, 31-408 street light poles, 31-250w H.P.S.V cutoff housing, 31 breakaway bases and ancillaries. Company will assume ownership and maintenance of all street lights upon operating condition. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC City of Round Rock Custo Ialts.davie®oncor.com Signature Les Davis Printed Name Project manager Title 02-08-2014 Date Signature elle- Uaanent Printed Name GHQ �2 Cay ���� O . Title ` cit'OM ' Date