Loading...
HomeMy WebLinkAboutContract 50379 S - Tariff for Retail Delivery Service Lr 11%/,4;T wO. Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21,2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WR#-. 3398535 Transaction til: 12617 This Discretionary Service Agreement("Agreement") is made and entered into this 7 day of March , 2018 by Oncor Electric Delivery Company LLC("Oncor Electric Delivery Company"or"Company"),a Delaware limited liability company and distribution utility, and_ City of Fort Worth ("Customer"), a City ,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 far,the following discretionary services in accordance with this Agreement. OncorED will install per customer request a distribution Transformer to serve Cattle bam#1.This facility,Cattle bam#1 is already served of a primary Point of Delivery that is provided by OncorED to serve the WRMC Complex.So,no new load to system. Customer agrees to pay$20,474.19 for install of pad mounted transformer&primary cable.Customer to do all civil work per OncorED Inspections&acceptance&pull in secondary wire&supply approved lugs for company to terminate/meter on transformer. 2. Nature of Service and Company's Retail Delivery Service To riff—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 ana 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 s ervice initiation requests under t his Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Ta riff. Compan y'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 To riff. 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 all work is completed 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 far 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. 6. Governing Law and Regulatory Authority--This Agreement was executed in the State of Texas and must fn 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. B. Entirety of Agreement and Prior Agreements Superseded--This Agreement,including all attached Exhibits, which a re.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,prornise,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 I VA and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect, It i s expressly acknourledged that the Parties may have other agreements covering other services not expressly provided for herein,which agreements are unaffected by thr•5 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. C� + Oncor Electric Delivery Att:Tim Dolan C�1 2501 Urban Drive Fort Worth,Tx 76106 oFFiCIAL RECORD CITY SECRETARY CITE ��9T rF��'fT��911, F T WORTH,TX ONC 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} IttyfoeCioFWorth ATT.Jesus J-Chapa 401 West 13th Street Fort Worth•Tx 76102 The above-listed names,titles,and addresses of either Parry 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 Fort Worth If Company transmits electronic invoices to Customer,Customer most 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 most 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[tie 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 provisian of this Agreement will not be considered to waive the obligations,rights,or duties imposed upon the Parties. 12. Taxes—Ail present or future federal,state,municipal,or other lawfu:taxes(other than federal income -4. . applicable by reason of any service performed by Company,or any compensation paid to Company,hereunder must be peat nrz: .. . y ........ �i: 13. Pleadings--The descriptive headings of the various articles and sections of this Agreement have,*, ?i 6 ad' 7R for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Ar$ nF. 14. Multiple Counterparts--This Agreement ma y be executed in two or more counterparts,each uPhi i deemed an original but all constitute one and the same instrument. U_ 0 15, Other Terms and Conditions— _ (i) Customer has disclosed to Company all underground facilities owned by Cuslomer or any oth i .......••.. not a public utility or governmental entity,that are located within real property owned by Customer. In the event that C as* failed to do so,or in the event of the existence of such facilities of which Customer has no knowledge,Company,its agent contractors,shall have no liability,of any nature whatsoever, to Customer,or Cu stomer's agents or assignees,for any actual consequential damages resulting from damage to such undisclosed or unknown facilities. (ii) rn Easement granted by exhibits- REMIT payment to:Oncor Electric Delivery C/O Vickie Coe 4600 State Hwy 121 McKinney,TX 75070 IN WITNESS WHEREOF,the Parties have caused this Agreement to be sigtie e by their respective duly authorized Q representatives, {� Oncor Electric Delivery Company LLC City of Furl Worth Custom ompany Name Tim Dolan — Signature Signature Tim Dolan _ Jesus J.Chapa C Printed Name Printed Name New Construction Manager Assistance City Manager Title Title W118 .22 yr Date Date APPROVED AS TO FORM AND LEOAUT Y. OFFICIAL ftBC41W CITY BECR11MARY 12 9 5. TTOR EY -- FORTWORTH. INTEROFFICE CORRESPONDENCE Cit},of Fort Worth Property Mr nogement I Arc•hitecturol Services March 14, 2018 FROM: BRIAN GLASS, ARCHITECTURAL_ SERVICES MANAGER PROJECT: Cattle Barn 1 and Poultry Barn Renovations SUBJECT: Discretionary Service Agreement with Oncor Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. &-61v�lqe 644-44 Brian R. Glass, AIA Architectural Services Manager PROPERTY MANAGEMENT DEPARTMENT FACILITES 1)1VI 5ION I ARCHITECTIIRA 1, SERVICI-TIS IHI (11Y14 FOR 4kr()RTH 401 \1E51 13JHSJR1i1A IORI WI)RIH. II,Xlig'