HomeMy WebLinkAboutContract 39146Tariff for Retail Delivery ServiceC;H Y SECRETARY
Oncor Electric Delivery LLC %aNTRACT NO,Eiq-la�
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 1 of 3
Effective Date: January 1, 2002 Revision: Original
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into thist ' day of _September_, 2009, by Oncor
Electric Delivery Company LLC ("Oncor Electric Deliver%' or "Company'), a Delaware limited liability company, under the Delaware
Limited Liability Company Act, and a distribution utility, and the City of Fort Worth, Texas, a municipality, ("Customer'), 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:
The relocation (lowering) of an existing single phase underground primary conductor between 3809 and 3805 Been Creek on OED WR
number 3023288. This work will allow the "Lost Creek Phase 2 Drainage Improvements", DOE $4744, to be safely done and eliminate
the potential safety issues for the construction. The discretionary service is in accordance with the Tariff for Retail Delivery Service,
OED, Removal and Relocation of Company's facilities" Distribution 6.1.2.2.8. The calculation of Contribution in Aid of Construction
(CIAC) and amount due from Customer is based on the provisions of Section 6.1.2.2.5 Tariff for Retail Delivery Service, The City of Fort
Worth agrees that the payment for the discretionary services provided for within this Agreement shall be made within 60 days from the
receipt of the invoice. OED agrees to begin work on the provision of the requested project prior to receipt of payment.
Estimated Total Cost for Request: $1,732.65
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 both the Company and the Customer and
continues in effect until all associated work by Oncor Electric Delivery LLC is complete and reimbursements are 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 services)
expressly provided far 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. 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:
1
(a) If to Company:
Oncor Electric Delivery LLC
Attn: Mr. Bobby R. Browning
P. O. Box 970, Suite 625
Fort Worth, TX 76101-0970
OFFICIAL RECUKU
Office: 817-215-6937 - `---
Cell: 817-301-8331 I I
Fax: 817-215-6660 '
Tariff for Retail Delivery Service
Oncor Electric Delivery LLC
V.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 3
Effective Date: January 1, 2002 010407 Revision: Original
(b) If to Customer:
City of Fort Worth, Texas
Attn: Mr. William A. Verkest, P. E.
1000 Throckmorton Street
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, Texas
Attn: Mr. William A. Verkest, P. E.
1000 Throckmorton Street
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 applicable by reason of any service
perfor end by Comp y, or any com�ye�sation aid to Co pany, he�eunde m'e paid y Cu�#pmer.
13. Headings -- The descriptive headings of the vari us 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 —Customer will be invoiced for $1,732.65 to be remitted upon completion of project.
The Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the
invoice is received, which ever is later.
IN WITNESS WHEREOF, the Parties have cased is Agreement to b signe by their respective duly authorized
representatives, and EXECUTED on this the �— day of , 2009, in Fort Worth, Tarrant
County, Texas.
City Secretary
AAA
O�F�GifAL RECORD
CITY SECRETARY
FT: Ir'VORTH, TX
Tariff for Retail Delivery Service
Oncor Electric Delivery LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 3 of 3
Effective Date: January 1, 2002 010407 Revision: Original
APPROVAL RECOMMENDED:
William A. Verkest, P. E.
Director, Department of Transportation & Public Works
ONCOR ELECTRIC DELIVERY LLC
Franc i ility , � /"
NA James C. Chase
TITLE: _Manager, Distribution Major Design, Serve Existing_
ADDRESS: P. O. Box 970
Suite 625
IF t W rth, TX 76101-0970
DATE: It
0
APPROVED:
Fernando Costa
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX