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HomeMy WebLinkAboutContract 45449-A1 AMENDMENT NO. 1 to AGREEMENT for ELECTRIC DELIVERY SERVICES for A NEW COMMUNITY FACILITY at 951 Evans Avenue STATE OF TEXAS § § CITY SECRETARY CONTRACT NO. COUNTY OF TARRANT § WHEREAS, The City of Fort Worth (Customer) and Oncor Electric Delivery Company, LLC (Company) made and entered into City Secretary Contract No. 45449 (The Agreement/6.3.5 Discretionary Service Agreement)which was administratively executed, the 17th day of March, 2014; and WHEREAS, further amendment is necessary for reducing the scope of design services, including a reduction in discretionary service charges, to Company's plans; and NOW THEREFORE, Customer and Company, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Agreement: 1. Article 1 - Discretionary Services to be provided, the paragraph is revised: "Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement." Provide design services to reduce original proposal's scope of work including a reduction in discretionary services charges from $19,503.72 to $15,521.47. The reduced Discretionary Services is described more fully in the Company's Agreement dated May 25, 2014, WR#: 3231974 and Transaction ID: 32081, which is attached hereto as Attachment"A" and made a part of this Amendment No. 1." 2. NOT USED 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED this the.. day of . 2014, in Fort Worth, Tarrant County, Texas. i On r Ele t is Delivery Company, LLC APPROVED: BY: By: Rosaura Barragan Fernando Costa Utility Designer Assistant City Manager APPROVAL-RECOMMENDED: RECORDS a000 r y Dou las W Wiersi PE a J. Ka r g g Y� Director, Transportation & Public V1 rks Dept. City Secrets 00 °°�, m o0° ° APPROV A OF RM AND LEGALITY: M&C ✓ No n ui` d. )-,�Contract Authorization � 'By: o � oft Do I . Back Date: Assistant City Attorney A114444M5PI "Ali 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 1 of 2 6.3.5 Discretionary Service Agreement WR#: 3231974__ Transaction ID: 32081 This Discretionary Service Agreement(Agreement") is made and entered into this 25 day of_ ay by Oncor Electric Delivery Company LLC('Oncor Electric Delivery Company'or"Company"),a Delaware limited liability company and distribution utility,and__ _ The City of Fort Worth_ __("Customer"), a_ Party_ ,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 City of Fort Worth has requested the removal of ONCOR overhead facilities from three AT&T poles that AT&T will be replacing and the setting of three new poles to feed the existing facilities since there will be no way to feed them once we remove our overhead facilities,total cost on customer.$15,521.47,cost is good for 30 days. 2. Nature of Service and Company's Ret all 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 contain ed 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 t his Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. 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 Companys 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_ 06/25/2014 _ __ 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,including without limitation and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It i s expressly acknowledged that th a 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 Delivery 7860 Winbrook Dr. _ Benbrook,TX _ ONCOR 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: The City of Fort Worth 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. The City of Fort Worth 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 Cu stomer's agents or assignees,for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities, (ii) i IN WITNESS WHEREOF;the Parties have caused this Agreement to be signed by their respective duly authorized representatives, Oncor VEItric eli Company LLC The City of Fort WortCustomer/Company Name---- a ignat Signature Rosaura Barragan _ NAt-.®0 57A Printed Name 4.4 Printed Name I _ _Utility Designer ---- r e,l }- 'tY A Title Title 1= 05/25/2014 Date Date II i