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CM-2016-1177 - 9/2/2016i a, ics" for Retajj Dalivesy Sa~Mce- Oncoff Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 ojs (; ra'1111i cmi a y ServI ce (:on+NR# 3305367 Transaction ID 1785 This Discretionary Service Agreement ("Agreement") is made and entered into this 151h day of August , 2016 , by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility. and City of Round Rock ("Customer"), a Municipality 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 10 pay for, the following discretionary services in accordance with this Agreement. Install Street Lighting for Creek Bend Blvd. in Round Rock. This project consists of 25 standards. The customer is to supply and install all civil for this project . Customer is to pay Company excess costs in the amount of S2,615.32 for this wade. 2. filature 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 Ta riff. 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 this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail DeliveryTariff. 3. Discretionary S ervice Ch arges — 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 DUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until project 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 t o 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 lays, ordinances, and rules and regulations of duly constituted reaulatary authorities having jurisdiction. 7. Amendment —This Agreement may be amended only upon mutual agreement of the Parties, which amendment vvill 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 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 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 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 mail, return receipt requested, postage prepaid, to: (a) If to Company: Ancor Electric Delive Attn: Jim Krumnow 350 Texas Avenue Round Rock, Texas 78664 ONPR Citi, -z b 1(�. - (01 T r'3Aa" ft3i' Retail Delia enj Servic2 Oncor Electric Delivenj Company LLC 6.3 Aareemen-Ls and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 page 2 of 2 (b) If to Customer _City of Round Rock Attn: RandX Crum 2008 Enterprise Drive _ Round Rock, Texas 78664 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 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. City of Round Rock Attn: Randy Crum 2008 Enterprise Orive Round Rock. Texas !` 664 — 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, 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 Counterparts — This Agreement may 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) City of Round Rock agrees that payment shall be made within 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 relocation/removal of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (iv) Customer will supply and install all civil to Oncor specifications. IM WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC A O 5i re Jim Krumnow Printed Mame New Construction Manager, Sr. Title August i5, 2016 Oate City of bund Rock Cuto dr / Entity�Z, 10"�V4 "Y-& Prim ,d Name Title Date 6N§PR City of Round Rock F� ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to install street lighting for the Creek Bend Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/2/2016 Dept Director: Gary D. Hudder, Transportation Director Cost: $2,615.32 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Partially executed Discretionary Service Agreement Department: Transportation Department Text of Legislative File CM -2016-1177 Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to install street lighting for the Creek Bend Project. The Creek Bend Blvd Extension project will provide north -south connection over Brushy Creek, thus increasing connectivity and reducing the reliance on IH 35 for north -south movements on the west side of Round Rock. Completion of this project will also alleviate some of the traffic on Sam Bass Road and RM 620 and will make construction of future projects on these two east -west routes more feasible by providing an alternate route. As part of the improvements a new traffic light and street lighting. This Discretionary Service Agreement with Oncor Delivery Company LLC for the installation of 25 street light standards. The cost of the installation of lighting standards is $ 2,615.32. $2,615.32 RR Transportation and Economic Development Corporation City of Round Rock Page 1 Printed on 9/112016 Agenda Item Summary Continued (CM -2016-1177) Staff recommends approval. City of Round Rock Page 2 Printed on 9/112016