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HomeMy WebLinkAboutContract 51197 CITYSECRETARY Tariff for Retail Delivery Service CONTRACT NO. 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# 3353254 Transaction ID: This Discretionary Service Agreement("Agreement")is made and entered into this 2 day of November 2017 ,by Oncor Electric Delivery Company LLC('Oncor Electric Delivery Company"or"Company',,a Delaware limited liability company and distribution utility, and City of Fart Waith ("Customer', a muNdpailty 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 pole and existing overhead conductors for new construction project located 751 Beach St, Fort Worth,TX 76111.To complete this task Oncor will Instill 7 wood poles.5 anchors, remove 2 wood poles,and relocate existing overhead wire to new poles.The City of Fort Worth to contribute$26,676 to the cost of this job.This cost does not include any other cost for other utilities that are located on these poles.Oncor can not remove the old poles until all utilities are removed. 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 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 Comparrifs 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 grders concerning discretionary service charges. 4. Tern and Termination--This Agreement becomes effective upon acceptance by Customer and continues In effect until Oncor work Is not 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 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 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,a ppllcable 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 t8fe ' d mail,return receipt requested,postage prepaid,to: �'Le (a) If to Company: fs Oncor i 5 7 hist Elmore OFFICIAL RECORD VC� —4 Fort Worth.Texas 76101 00 403 0D CITY SECRETARY to 2018 0 � llT,WORTH'TX VN(.. � 0 �`' `/ Rd a 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 Fort Worth 200 Texas St,Fort Worth,TX 76102 Fort Worth,Tx 76102 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 200 Texas St Fort Worth,Tx 76102 If Company transrrdts 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 ft entire invoice Is paid.The late fee will be 5%of ft unpaid b alance 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,rrwicipal,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— (Q 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. (Il) City of Fort Worth agrees that payment shall be made within 30 days of the date the project Is completed or the date the invoke is received,whichever Is later. (i)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 Pales. (IV) This DSA Is valid for 60 days and funds will be collected on the completion of Oncor work IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC City of Fort Worth Cust C-Signatuib Signature OFFICIAL RECOM Larry eaktwtn CITY SECRETARY Printed Nome Printed Name FT.WORTH,TX Major Design Coordinator Assistant Cit Mana er Title Title 11/0212017 1 k — .2-1--201, Date Date R PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor.- (1) ontractor:(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. �) _-� Signature Assistant City Manger Title 11-21-2017 Date E ECORD ETARY H,TX i 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. OF FORT N f Employee Atte by: Regulatory Environmental Administrator x Title g Mary J. Ka , t ySe APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: 4W-fir'-'�tz - Christa R. opez-Reye ds Senior Assistant City Attorney M&C:�-- 1295: NA OFFICIAL RECORD CITY SECRETARY FT.WORTHO TX