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Home My WebLink AboutContract 50581 N% 4..# Q , ,. RECEIVED CITY SECRETARY MAR 2 9 2018 Tariff for Retail Delivery Service CONTRACTNO. Oncor Electric Delivery Company LLC CITY OFFORT WORTfI Q� CITYSr(i/Adreernents and Forms Applicable: Entire Certified Service Area Effective Date: September 21,2009 Page 1 of 2 6,3.5 Discretionary Service Agreement WR# 3397324 Transaction ID: 12229 This Discretionary Service Agreement("Agreement")Is made and entered Into this 19 day of MARCH 2018by Oncor Electric Delivery Company LLC("Oncor Electric Delivery Company"or'Companyl,a Delaware limited liability company and distribution utllfly, and City Of Fort Worth ("C ustomer"),a corporation 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. City of Fort Worth has requested Oncor to relocate facilities at 5th Avenue and Henderson Street,Fort Worth,TX 76102.ONCOR TO INSTALL A 4"RISER,PULL IN 395 FEET OF SECONDARY IN CUSTOMER PROVIDED 4"CONDUIT,SETA SECONDARY SUBSURFACE BOX,PULL IN 100 FEET OF SERVICE IN CUSTOMER PROVIDED 2"CONDUIT.COST FOR WORK IS 94,368.96.Cost is good for 30 day from this agreement date. 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 rPUCTJ 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 Tariff. 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 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 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 Slate 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. i 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 any previous cost 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 (� Attn:Payment Coordinator 7860 VAnbrook Drive �lk-� BenbrookTexas 76128O 'k9q� OFFICIAL RECORD Safi 9T®?o�8 CITY SECRETARY UNC: R do oieok,y FT..WORTHi TX MqA /Ilk ��Cnin'osr� 92`18 Tariff t e Oncor EectricDeliveryCompany 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 Fort Worth Susan Alanis i 5001 James Avenue Fort Wgrth.TX 76115 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 Fort Worth Susan Alanis 5001 James Avenue FOTWOR�i 76115 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--AN present or future federal,state,municipal,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 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— (1) 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 properly 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. (il) City Of Fort Worth agrees that payment shall be made wilhin 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 relocationfremoval of facilities outlined in this agreement until Joint Users)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. Oncor Electrig-Mliv Comp ny LLC City Of Fort Worth Cu EHsr.1 Entity Signature ignat re Thomas Krauss �-� Susan Alanis Printed Name Printed Name Utility Designer Asst. City Manager Title Tifle Date IMCOFME R Tr, ITY SECRETARY WORTH,TX Oncor Electric Delivery Company LLC, Statement of Charges a Delaware limited liability company Date: 3/19/2018 Krauss,Tommy;#259 WR#: 3397324 214.769-2608 ihomas.krauss Woncor.com Transaction ID: 12223 City Of Fort Worth Services provided at: Susan Alanis avenue and Henderson Street 5001 James Avenue Fort Worth Fort Worth,TX 76115 Tarrant DESCRIPTION AMOUNT Relocation $4,368.96 Total Amount Due Upon Receipt $4,368.96 Price quoted Is valid for thirty(30)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. EFT / Electronic Funds Transfer Please make all check(s) payable to JP Morgan Chase Bank Oncor Electric Delivery ABA No. (Wire)021000021 Remit to: ABA No. (ACH) 111000614 For Credit To: Rita Ervin Oncor Electric Delivery 7860 Winbrook Dr Acct#: 08806169791 Benbrook TX 76126 Once EFT has been initiated please forward confirmation number and transfer date to: Rita.Ervin@oncor.com ............................................................................................................ Please Include the WR#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. ................................................................................. ..... ..................... §PR 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. Name of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signat FOR A. a� 4 by. ,. aryity S J. ser. � 'f 1295: W OFFICIAL RECORD CITY SECRETARY FT, WoRTM,TX