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Home My WebLink AboutContract 51737 Tariff for Retail Delivery Service CITY SECRETARY Oncor Electric Delivery Company LLCLfi� 4 ,�C. �Jr�731 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21,2009 Page 1 of 3 6.3.5 Discretionary Service Agreement WR# _3242304 Transaction ID: 5888 This Discretionary Service Agreement("Agreement")is made and entered into this Oday of JCLML a0llby 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 municipal 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. Per a request from the City of Fort Worth, Oncor Electric Delivery LLC(OED)will install electric distribution facilities for the proposed construction of the Commerce St bypass channel in the Trinity River Vision Development. It is proposed to install 2 steel structures, 23 wood poles, 625 feet of 7-795 ACSR primary conductors,2040 feet of 3-795 AAC primary conductors with#2 neutral,413 feet of 3-1000 AL 260 Mil primary cable, 8 primary risers, 8 sets of three phase disconnect switches, and 4 primary pull vaults. It is also proposed to remove two wood poles,one span of 2 ACSR primary conductor and transfer one bank of three phase transformers. 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 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 all associated work by Company has been completed and reimbursement from Customer has been secured, with no allowances for betterment. 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, 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 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 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 LLC fp Justin Stanley '�SAL RECOR VV 115 W Tth St,Suite 625 SECRETARY , Fort worth,Tx 76102 SEC ETARY 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 3 (b) If to Customer: City of Fort Worth Katherine Beck Sr.Capital Projects Officer 1000 Throckmorton Street,2'nd Floor 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 Katherine Beck Sr.Capital Projects Officer 1000 Throckmorton Street,2'nd Floor Fort Worth,TX 76102 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--All 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— 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)Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the invoice is received,whichever is later. Project is deemed as complete for billing purposes upon removal of Oncor's electric distribution facilities as indicated on exhibit plans less the removal of poles where foreign contacts encumber the removal of said poles. The estimated amount to be invoiced is$504,679.76. Customer has requested and will be billed for actual charges. A line item detail of actual charges will be provided upon presentation of a final invoice. (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)Construction scheduling will begin upon receipt of fully executed document at above referenced address. 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 3 of 3 IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC Sign ure Mark Bringhurst Printed Name Dir. Fort Worth Bus. Operations Title Date City of Fort Worth A home-rule municipal corporation AP VAL RECOMMEN D: APPROVED:, - / Signature Signa ure Katherine Beck Jesus J, Chapok. Printed Name Printed Name Sr. Capital Projects Officer Assistant City Manager Title Title APPROVED AS TO FORM AND LEGALITY: by,,,7 Signature QUA U. bal "Id P. nzales,Al Printed Mame '" Title M&C# /V Date: �l� &E,:.,E—U LFT. 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