HomeMy WebLinkAboutContract 47489 Tariff for Retail Delivery Service
Oncor Electric Delivery Company LL6O�A qJJv
NO. 17 b
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
WR Number:3309518
CIAC Tracking: 36001
This Discretionary Service Agreement("Agreement")is made and entered into this—i=day of rilmalo,20liby Oncor
Electric Delivery Company LLC, a Delaware limited liability company("Company"),and the City of Fort Worth("Customer'),
a home-rule 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. Install a brace pole to hold existing facilities that could be impacted by the
construction scheduled on Western at Bryce in order to maintain stability and to protect the public,the price includes Oncor coming back
at a later date to remove the brace pole. The discretionary service is in accordance with the Tariff for Retail Delivery Service, Oncor
Electric Delivery Company, 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. Customer 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. Company agrees to begin work on the provision of the requested project prior to receipt of payment.
Estimated Total cost for request:$1,683.76.00
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 and signature and continues in effect until
construction is 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,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 [specify any prior agreements being superseded], 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 Companyr�+ `
Attn:Robert Martinez GG �
P.O.Box 970 201v
Fort Worth,Tx 76101 OFFICIAL RECORD FE8 TOA1. IW R
CITY SECRETARY � S
FT.WORTH,TX
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 2 of 3
Effective Date:January 1,2002 Revision: Original
(b) If to Customer:
City of Fort Worth
Attn: Michael Owens,P.E.
1000 Throckmorton St,2nd 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
Attn: Michael Owens,P.E.
1000 Throckmorton St,2"d Floor
Fort Worth,TX 76102
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 stated herein,a late fee will be calculated and paid in accordance with the Texas Prompt Pay
Act.
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
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) Company to bill Customer upon completion of the previously prescribed work and Customer to pay
invoiced amount within 60 days.
(ii)The Discretionary Service Charges provided in this agreement are for Company 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. Company can not complete the relocation/removal of facilities
outline in this agreement until Joint Users(s)remove and/or transfer their facilities attached to Company poles.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 3 of 3
Effective Date:January 1,2002 Revision:Original
1N WITNESS WHEREOF, the Parties have u this Agr m nrt��to bbe sign by t it respective duly
authorized representatives,and EXECUTED on this the have
of_ Z —, 2 in Fort Worth,
Tarrant County,Texas.
Oncor Electric Delivery Company LLC
a Delaware limited liability company
Franchise Utility
By:
Name:Robert X.Martinez 817.253.1969
Maior Design Proied Coordinator
P.O.Box 970
FortWorth.TX 76101
City of Fort Worth,
A home-rule municipal corporation
AP L REC MMENDED: APPROVED:
Doug Wiersig,P.E. Jesus Chapa
Director,Department of Assistant City Manager
Transportation&Public Works
AP O FORM AND LEGALITY:
Do glas W. lack
T /�~
Assistant City Attorney
ATTEST:
1190 Ql�, d+�- rt v a y S��- T`EX V
City Secretary
M&C# �
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX