HomeMy WebLinkAboutContract 48319 CITY SECRETARY � l
CONTRACT NO.
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 3
6.3.5 Discretionary Service Agreement WR# 3338247
Transaction ID: 37098
This Discretionary Service Agreement("Agreement")is made and entered into this 20th day of October , 2016 ,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 Municipality
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.
This job will require the removal of two 3575 wood poles,two down guys,two spans of overhead#6 CU primary wire,and three spans of
overhead#6 CU neutral wire.Also,the installation of one down guy.The customer agrees to pay$3,114.80.
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 S ervice Ch arges--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
Oncor work is completed at this location 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 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
States certified mail,return receipt requested,postage prepaid,to:
(a) If to Company:
Oncor Electric Delivery
Attn:Joshua Simmons
PO Box 970
Fort Worth,Texas 76101
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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:
The City of Fort Worth
Debbie Wilihelm
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.
The City of Fort Worth
Tarigul Islam
5001 James Ave
Fort Worth,Texas 76115
If Company transmits electronic invoices to Customer,Customer mu st 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,muicipal,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—
(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) The City of Fort Worth agrees that payment shall be made within 30 days of the date the project
is completed or the date the invoice is received,whichever is later.
(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)
This DSA will Expire in in 60 days on December 19th,2016.Customer acknowledges that the pole removal will be scheduled when other
attachments to poles have been relocated.It is the customers responsibility to notify other utilities.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric Delivery Company LLC
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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:September 21,2009
City of Fort Worth,
A home-rule municipal corporation
APP RE OMMENDED: APPROVED;
G y> C/i [�
Doug Wlersig,P.E. Jesus Chapa
Director,Department of Assistant City Manager
Transportation&Public Works
ROVE S TO FORM AND LEGALITY:
Douglas W.Black
I Asslstant City Attorney
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City Secretary
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