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HomeMy WebLinkAboutContract 48631 CITY SECRETARY <l Tariff for Retail D CONTRACT NO. ellvery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September21,2009 Page 1 of 6.3.5 Discretionary Service Agreement WR# 3342841 Transaction ID: 3761 This Discretionary Service Agreement("Agreement")is made and entered into this 11th day of January 2017 by 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 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. Oncor is to install two sets of Overhead disconnects on to de-energize the OH line running parallel to Sutler Ave.Additionally,Oncor will install an overhead Fuse located on Belle Place in order to keep the OH line running East to West between Dexter Ave and Bryce Ave engergized. Oncor will perform switching manuvers to de-energize line.Once City work is complete,Oncor will perform switching to restore original configuration to the area.Customer,per this DSA,has agreed to contribute$7,630.48 in aid of Oncor's Construction efforts. 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 Ta riff. 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 t o 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:Antony Cognasi PO Box 970 Fort Worth,Texas 76101 -� OFRECORD UNC R CITY S ECRETARY FT.WORTH,TX 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 (b) If to Customer: City of Fort Worth Mike Weiss P.E. 1000 Throckmorton Ave Fort Worth,Texas 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 Mike Weiss P.E. 1000 Throckmorton Ave Fort Worth,Texas 76102 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) 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) The City of Fort Worth will notify Oncor when work in the area is complete within 15 days of completion to allow Oncor to switch back to original configuration. IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery 1Company LLC Signature Antony Cognasi Printed Name Engineer Title 1/11/2017 CNC R Date 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 APPR L RECOMMENDED: APP w. Doug Wiersig,P.E. Jesus Chapa Director,Department of Assistant City Manager Transportation&Public Works AIPF,ROVED AS TO FORM AND LEGALITY: Douglas W.Black Assistant City Attorney ATTEST- Q f Int c� City Secreta Asl 4 Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Michael Weiss,P.E. Senior Professional Engineer LOFFICIALECORDNC R RETARYH,TX CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Oncor Electric Delivery Company LLC 2017-158869 Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/26/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. WR#3342841 Sutter Discretionary Service Agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Davis, David Dallas,TX United States X Greer,James Dallas,TX United States X Nye,Jr.,E.Allen Dallas,TX United States X Shapard,Robert Dallas,TX United States X Texas Transmission Investment LLC Toronto Ontario Canada X Oncor Electric Delivery Holdings Company LLC Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct. YVETTE BENAVIDEZ Notary Public,State of Texas My Commission Expires June 06, 2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said —la ,this the da 20 to certify which,witness my hand and seal of office. 117AUe. o3Wav&, ���1 eke l �ty l de 2r Signal re of officer administering oath Pri to ame of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.277