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HomeMy WebLinkAboutResolution No. 2012-013 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A DISCRETIONARY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND ONCOR ELECTRIC DELIVERY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council has determined that it is in the best interest of the citizens execute a Discretionary Service Agreement with ONCOR Electric Delivery for the installation of concrete poles related to the widening of Main Street at major intersections from State Highway 121 to North Colony Boulevard, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City of The Colony agrees to pay the sum of $336,240.00 for such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony, Texas hereby approves a contract with ONCOR Electric Delivery for the installation of 18 concrete poles, related to the widening of Main Street at major intersections from State Highway 121 to North Colony Boulevard, in an amount of $336,240.00. Section 2. The City Manager is authorized to execute a Discretionary Service Agreement for said installation, which is attached hereto and incorporated herein as Exhibit "A". Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of February, 2012. Jo McCourry ayor ATTE T: ity of The, lony, Texas ' f Christie Wilson, City Secretary APPROVED AS TO FORM: J¢'w Moore; City Attorney 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 1 of 2 6,3.4 Discretionary Service Agreement WR# 3115694 Transaction 1D: This Discretionary Service Agreement ("Agreement") is made and entered into this 20th day of December 2011 by Oncor Electric Delivery Company LLC ("oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility, and City of The Colony ("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 to pay for, the following discretionary services in accordance with this Agreement. DD6 Delivery System Facilities Installation Charge Customer charge in the amount of $336,240.00 for the difference in cost for the Installation of 18 concrete pales along FM 423, from North Colony Blvd. to SH 121. Company construction will be done on WR 3115694. 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 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 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 and Termination This Agreement becomes effective upon acceptance by Customer and continues in effect until completion of construction by company 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 to 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 he 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 made 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 , 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: Oncor Electric Delivery Compan_ y._L Attn: Steve Walker 7309 Frankford Rd. Dallas. Texas 75252- C'5NC R 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 The Colony Attn: Gordon Scruggs _ 6800 Main Street The Colony. Texas 75056-1133 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 Company is entitled to transmit electronic invoices to Customer. City of The Colony Attn: Gordon Scruggs 6800 Main Street The Colony, Texas 75056-1133 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 until the entire invoice is paid. The [ate fee will he 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 are 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 The Colony agrees that payment shelf 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) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncorr Electric Delivery Company LLC City of The Colony Customer /Entity Signature gnatu Steve walker l wry of A-De, I Printed Name Printed N e Project Manager (2 t1~1 (gyp u SL Title Title December 20, 2011 azi 51 Date Date R i, 04 f n~'4 Pc3K1~ r t_, Uj r . 'j. 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