Loading...
R-12-12-20-E9 - 12/20/2012RESOLUTION NO. R -12-12-20-E9 WHEREAS, the City of Round Rock ("City") wishes to enter into a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to install street lighting for the Chisholm Trail Road Reconstruction/Chisholm Parkway Extension Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement with Oncor Electric Delivery Company LLC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of December, 2012. OA/t",- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: i SARA L. WHITE, City Clerk 0 4dox\SCCInts\0112\1204\MUNICIPAL\00264228.DOC/rmc Tariff -for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service F.ta Effective Date: September 21, 2008 EXHIBIT "All Page 1 of 2 6,3.4 Discretionary Service Agreement i1#R# 31e0750 Transaction ID: 24419 This Discretionary Service Agreearer:t (AgreemenYJ is made and entered into this 24th day ai Septesnber 2012 , by pnax Electric Delivery Company LLC ("Ancor Electric Delivery Company" or "Company*), a Delaware limited liabilf y company and distribution utiiiiy, and City of bound flock ("Customer"), a 64frlrricpalitg each hereinafter sometimes referred to irrINkfua'ly as "Party' or both referred to collectively as the "r arties'. In comiderafion of the mutual covenants set forth herein, the Parties agme as b90 vs: 1. Discretionary Services tD he Provided — Company agrees to provide, and Customer agrees to pay fbr, the following discretionary services in accordance arith 11is Agreement. install Street Lighting for Chisholm Tran Road in round flock The customer is to supply and install all civil for this project. Company will supply the break away bases and bolts for ttie 'fibundations. Custorner is io pay Company additional costs in the amount of x87,012.48 for this work. 2. Nature of Service and CoaWril's Retail Delivery Service Tariff — Any discretionary services covered by thts Agreement will be provided by Company, and accepted irl Custca mer, in accordance with applicable Public utility Commission of Texas CPUCT') Substantive Rules and Company's Tariff for Retail Delivery Service tincturing the Service Regulations contained therein), as it may from time to time be Fixed and approved by the DUCT (`Company's Petal) Delivery Tarim"'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or re=fuse service irAtlati n requests under dmfs Agreement in accordance with applicable DUCT Subst�.niive Rules and Company's Retail Delivery Tcsifr Crrrzaany's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Corripany's Retail Delivery Tar. 3. Discretionary S erviice Charges -- Charges for any discretionary services covered by this /Agreement are determined in accordance with Company's Retaru Delivery T ariff. Company and Customer agree to comply wish PUCT or cotturt orders concerning discretionary service charges. 4. Term a rid Temiriation -- This Agreement becomes eftective upon acceptance by Customer and continues in effect until prolect is complete Termination of this Agreement does not relieve Company or Cust on -ter of any obligation accrued or accruing prior to termk7aftm- 5. No Other Obligations -- Pis Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided far 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. s. Governing Lacer and Regutatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted. construed, and erferced in accordance with the lavas thereof. This Agreement is subject to all valid, appricable 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 eftective 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 effecbve date and do not require an amendment of this Agreement a. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, in cluding all 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 service(s) expressly provided tonin 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 re*ces 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 effe It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for bereln, which agreements are unaffected by this Agreement. 9. Notices -- Notices green under this Agreement: are deemed to have been duly delivered if hand delivered or sent by United States certi;fed mail, return receipt requested, postage prepaid, to: (a) if to Company: Oncor Electric Deliver Attn: Jim Krumno�rr 350 Texas Avenue Round Rock. Texas C5 N CP R Tariff for Retail Delivery Service Ancor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Cerlfied Service Area Effective Date: September 21, 2009 Page 2 e€ 2 (b) Ifto Customer: of Pound Pock 2008 Enterprise Drive Round Rock, Texas 78664 AT TN. Big Stablein 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 &ecied 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. City of Round Rock 2008 Enterprise Drive Round RocR, Texas 78664 T-1 i'N: Bin Sta Lein 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 fransfer wxill 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 tee 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, muicipal, or oter 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 convanience of reference only and are to be afforded no sign'mcance in the interpretation or construction of tttis Agreement. 14. Multiple C ounterparts — 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. 15. Other Terms and Cov!ditions — (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 %dhin real property owned by Customer. in the even t 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) City of Round Rock agrees that payment shall be made Nvithin 30 days of the date the project is completed or the date the invoice is received, whichever is later. (iii) 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 relocationtremoval of "facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (rf) Customer will supply and install all civil to Oncor specifications. Company will supply the break away bases and bolts for the foundations. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duty authorized representatives. OncoElectric Delivery Company LLC Sign re ` Jim F. Krumnow Printed Name New Construction Manger Title / Date City of Round Rock Customer f Entity Signature Printed Name Title Date 6NCQR ROUND ROCK, TEXAS City Council Agenda Summary Sheet PURPOSE. PASSION. PROSPERITY. Agenda Item No. E9. — CONSENT Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to install street lighting for the Chisholm Trail Agenda Caption: Road Reconstruction / Chisholm Trail Parkway Extension Project. Meeting Date: December 20, 2012 rtment: Transportation Staff Person making presentation: Gary Hudder Transportation Director Item Summary: Chisholm Trail Road Reconstruction/Parkway Extension Project will reconstruct Chisholm Trail Road to a five -lane urban roadway with curb and gutter section and Chisholm Parkway will be extended from its current termini and connect to Chisholm Trail Road. Oncor Electric Delivery Company LLC will install the street lighting as specified for this project. The agreement with the City of Round Rock needs to be approved by the City Council in order for this work to begin. Payment of $87,012.48 is due to Oncor when installation of the specified street lighting has been completed. Cost: $87,012.48 Source of Funds: 2002 General Obligation Bonds Recommended Action: Approval D J � � z 3 i � z � O U � � J X v O O � w o Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreemerrts and Forms Appiictbie. Entire Coeftifred Service Area Effective Date: September 21, 2009 Page f of 2 6.3.4 Discretionary Service Agreement WR# 3180750 Transaction ID: 24419 This Discretionary Service Agreement (`Agreement) is made and entered into tt,as 241h day cut September 2012 by Orson Electric Delivery Company LLC ('Oncor Electric Delivery Company' ar "C rrparry'), a Dire iirrrtted hmbiilty company and distribution utility, and City of Round Rock rcustrar "e), a Muniepality each hereinafter sometimes referred to individually as "Party' or both referred to as the "Panties`. th consideration of the mutual covenant., set forth herein, the Parties agree as fbIlDws: 1. Discretionary Services to be Provided - Company agrees is provide„ and Cu istorrrer agrees to pay for, the folowing discretionary services in accordance with this Agreement. Install Street Lighting for Chisholm Trail Road in Round Rock The cusletmer is to supply and install all drill for this projeet . Company will supply the break away bases and bolts for the foundations. Customer is to pay Company additio rai costs in the amount of $87,012.48 for this work 2_ Nature of Service and Company's Retail Delivery Service Tarr- Any discretionary services covered by this Agreement win be provided by Company, and accepted by Customer, in accordance with appieable- Pubk UWy Commission of Texas ('PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Rens r.,ont<rined therein), as it may from time to time be axed and approved by the PUCT (`Company's Retell Delivery Tariff'). Dunne the teres of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable DUCT Substantive Rules and Company's Retail Delivery Ta riff. Company's Retail Delivery -farm is part of Oft Agreement fo the same extent as if fully set out harem. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff, 3. Discretionary S ervice Ch arges - Charges for any discretionary servicers covered by this Agreement are determined in accmiance with Company's Retail Delivery Tariff. Company and Customer agree to comply m1h 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 pruiect is complete Termination of this Agreernerd does noel relieve Company or Cust Omer of any obligation accrued or accruing prier 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 %r it to receive any further services that it may desire from Company or any third party. S. Governing Law and Regulatory Authority -- This Agreernent was eAm*ed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws theredo This Agreement Is subject to all valid, a pplicable federal, state, and korai laws, ordinances, and rules and regulations of duty constituted rekguWary 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 appiiaabfe DUCT 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 me de a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the serv"ae(s) expressly provided for.in this Agreement The Parties are not bound by or arable fur 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 Imitation NIA 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 duty delivered if hand delivered or sent by United States cert'riled mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delive Attn: Jim Krumnow 350 Texas Avenue Round Rock, Texas Z-V..�,� Tariff for Retail Delivery Service Ancor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective fate: September 21, 2009 Page 2 of 2 (b) If to Customer: Citv of Round Rock 2008 Enterprise Drive Round Rock, Texas TM64 ATTN.' Bill Stablein The above -fisted names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment — Invoices for an y discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), taxless Customer is capable of receiving electronic invoicing from Company, in which case Company is entified to transmit electronic invoices to Customer. City of Round Rock 2008 Enterprise Drive Round Rock Texas 78664 A-1 ein 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 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 unfit 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, muicipal, or oter 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 C ounterparts -- 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. 15. Other Terms and Conditions — (I) Customer has disclosed to Company all underground %cifit€es owned by Customer of any other party that is not a public utility or governmental entity, that are located within real property awned 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) City of Round Rock agrees that payment shalt be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. (iii) T he 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 felocationfrernovat of facilities outlined In this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles.. (V) Customer will supply and install all civil to Oncor specifications. Company will supply the break away bases and bolts for the foundations. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duty authorized representatives. Onco E ' Delivery Company LLC Si na ure Jim F. Krumnow Printed Name New Construction Manger Title / Date City of Round Rock Cu/ Entity Signature "ii�YV PrVel Name IVIA(4400- Title M ` 20' 12, Date