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CM-2017-1383 - 4/16/2017Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2008 6.3.5 Discretionary Service Agreement This Discretionary Service Agreement ("Agrei Electric Delivery Company LLC ("Oncor Electric Delivei and (Bill Stablein)City Of Round each hereinafter sometimes referred to individually as "I covenants set forth herein, the Parties agree as follows - Page 1 of 2 yR # 3351101 Transaction ID 5303 into this 27 day of April 2017 , by Oncor a Delaware limited liability company and distribution ub:dy ("Customer'), a City Government =ctiveiy as the "Parties". In consideration of the mutual 1. Discretionary Services to be Provided — Company agrees to provide, and Customer agrees to pay for, the following d.scretonary services in accordance with this Agreement Oncor agrees to provide the changeout and transfer of conductors and equipment on existing poles and installation of new poles where needed to fulfill the customers request to raise the lines for the addition of new traffic signal poles at this intersection. Contingent upon collection of CIAC $33,212.77 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 t me 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 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 Term a nd Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until upon completion of work 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 re sponsible 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 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 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 Justin Jacks 350 Texas Ave Round Rock. Tx 78664 ONCOR Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Fors Applicable: Entire Certified Service Area Effective Date. September 21 2009 Page 2 of 2 (b) If to Customer (Bill Stablein)City Of Round Rock 2008 Enterprise Dr. Round Rock. Tx 78664 The above -listed names takes and addresses of edher Party may be changed by written notification to the other 10. Invoicing and Payment — Invo ces for any aiscret onary 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 e'ectronic invoicing from Company, in which rase Company is entitled to transmit electronic invoices to Customer (Bill Stable n)City Of Round Rock 2008 Enterorse Dr. Round Rock Tx 78664 If Company trans -nits 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 paymert by the due date specfed on the invoice If payment is not received by the Company by the due date shown on the invoice a ate 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 — Al' present or future federal state munic'pa, 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 head ngs of the various articles and sections of this Agreement have been inse.•ted for convenience of reference o-ily and are to be afforded no sign ficance 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 orig°nal but all constitute one and the same instrument 15 Other Terms and Conditions — (i) Customer has disclosed to Company all underground face it es 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 even t that Customer has failed to do so, or in the event of the existence of such fac.lities of which Custorner 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) (Bill Stablein)City Of Round Rock agrees that payment shall be made witnin 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 Electr c 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 the r facilities transferred or relocated Oncor Elect-ic Delivery cannot complete the relocation/removal of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electr'c Delivery Poles. (iv) IN WITNESS WHEREOF the Partes have caused this Agreement to be signed by their respective duly authorized representatives Oncor Electric Delivery Company LLC Si re Printed Name /` k Title IV %.^ Date (&aZ4VAwn)Ci1,i Of Round Rock Cus m r 1 Entity ,��Ci�� Sig ature Itayi c Print Na e +ICL-/? Titled ., _�516 __0 Date O 5R Oncor Electric Delivery Company LLC, a Delaware limited liability company Jacks, Justin;k8947 5122445616 iustin.iacks ®Oncor.com City Of Round Rock Bill Stablein 2408 Enterprise Dr. Round Rock , Tx 78664 Statement of Charges Date: 4/27/2017 WR #: 3351101 Transaction ID: 5303 Services provided at: St. Williams RR Quiet Zone Round Rock Williamson Price quoted is valid for sixty (60) days from the date of this document. Remit payment per instructions below. " Project will be scheduled upon Project Manager's receipt of Executed Agreement(s). ` Payment is expected within 30 days from completion date of project. Please contact your Project Manager if you have any questions. Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 Deborah.GaddZ@oncor.com Please Include the WR 1# and Transaction ID (as listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. ONS R Raise lines at Citys request for new traffic signal at intersection of St. Williams and McNeil St. 533,212.77 Total Amount Due Upon Receipt $33,212.77 Price quoted is valid for sixty (60) days from the date of this document. Remit payment per instructions below. " Project will be scheduled upon Project Manager's receipt of Executed Agreement(s). ` Payment is expected within 30 days from completion date of project. Please contact your Project Manager if you have any questions. Please make all check(s) payable to Oncor Electric Delivery Remit to: Lynne Gadd 317 N 2nd St Killeen TX 76541 Deborah.GaddZ@oncor.com Please Include the WR 1# and Transaction ID (as listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. ONS R 4/27/17 Oncor Electric Delivery LLC 350 Texas Ave Round Rock, Tx 78664 City of Round Rock 2008 Enterprise Dr Round Rock, Tx 78564 St. Williams and McNeil St Dear Bill 6NCPR Oncor Electric Delivery LLC a Delaware limited liability company WR # 3351101 Transaction ID 5303 Bill Stablein on behalf of the C ty Of Round Rock ('Customer) has requested that Oncor Electric Delivery Company LLC, a Delaware I m ted liability company ( Company') provide additional electric facilities sufficient to provide electric service for 0 kW or n/a lots / units at St Williams and Mc Neil St Pursuant to company's Tariff for Retail Delivery Service Customer is responsible for S33 212 77 as payment for the Customer s portion of the cost of installation of Company's additional electric delivery facilities such payment to be and remain the property of the Company Customers payment in fulls due at the time this agreement is returned to Company Company at all times shall have title to and complete ownership and control over said facilities Customer is responsib a for providing without cost to the Company (1) suitable space on customer's premises for the installation of the facilities, and (2) rough site grading to fina grade along the route of the faclities and clearing the area of all obstructions 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 Customers agents or assignees for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities This agreement supersedes all previous agreements or representation, either written or oral between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives This agreement, if not accepted within 30 days of the date of this letter, will be of no force and effect Acceptance shall consist of delivery of an executed copy of this agreement to Company Please be aware that the start date of this project will be no earl er than three weeks following the execution of this agreement along with any payment that may be required pursuant to Company's Tariff for Retail Delivery Service A more definitive installation schedule will be provided upon your delivery of this agreement to assist in your planning for this project Sincerely, Just.n ,sacks Utility Designer If half of the City Of Round Rock agrees to the conditions set forth in this agreement please exe to the agreement and eturn to me at the address above S gnature Printed Name Title Date City of Round Rock J)ROUND ROCK EXAS Agenda Item Summary Agenda Number: Title: Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to raise lines for the addition of new traffic signal poles at the intersection of St. Williams and McNeil Street. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/12/2017 Dept Director: Gary D Hudder, Transportation Director Cost: $33,212.77 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: DSA St Williams & McNeil Department: Transportation Department Text of Legislative File CM -2017-1383 Consider executing a Discretionary Service Agreement with Oncor Electric Delivery Company LLC to raise lines for the addition of new traffic signal poles at the intersection of St. Williams and McNeil Street. This is a Discretionary Service Agreement with Oncor Electric Delivery Company and the City of Round Rock for services to change out and transfer conductors and equipment on existing poles and installation of new poles where needed to fulfill the City's request to raise the lines for the addition of a new Traffic Signal at the intersection of St. Williams Drive and McNeil Road. This signal will be installed in conjunction with the Rail Road Quiet Zone. Total cost for these changes are $33,212.77. Cost: $33,212.77 Source of Funds: RR Transportation and Economic Development Corporation City of Round Rock Page 1 Printed on 511112017