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HomeMy WebLinkAboutContract 50095 CITY SECPF7A.RY A CEI'` Tariff for Retail Delivery Service CONTRACT NO.__`'� Cf�� DEC 2 6 20'1 Oncor Electric Delivery Company LLD 1'.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date:September 21,2019 Page 1 of 3 6.3.5 Discretionary Service Agreement WR# 3364712 Transaction ID: 11542 This Discretionary Service Agreement("Agreement")is made and entered into this 12th day of December 2017 ,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. Customer has requested the removal and relocation of overhead facitlities located along University Dr Fort Worth,TX inconflict with the extension of Trail Dr.All overhead facilities In conflict will be relocated underground.It Is proposed to remove 1 55'WD pole,i 50'Wd pole,1 45 WD pole,4 DGs,approx.300 It of 4/0 AAC wire,1 XFMR;Install Approx 300 ft of 1000 AL UG conduit,2 900 A Disconnects,2 DGs. Customer has agreed to reimburse company$47,758.00 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 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 malting 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,a ppttcable federal,state,and local laws,ordinances,and rules and regulations of duty 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 servioe(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 a greements 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 _..i L.II'1�,. R E ECORD 'fmyit TX Tariff for Retail Delivery Service Cincor 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 Leon Wilson 200 Texas 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. The City of Fort Worth Leon Wilson 200 Texas St Fort Worth,Texas 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,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 C ounterparts —This Agreement may be executed in two or m ore counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions— 0) 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) If this document is not executed and returned to company by February 15th,2018,company reserves the right to void this agreement.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.Customer is responsible for relocation of overhead facilities to underground where needed. IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duty authorized representatives. ;Oncor Electric DeG Company LLGnature Larry Baldwin Printed Name �r RR K,4, '�S��vk eeoorJt�Ka{c� Title Date �,(;�,CPR 'UtVR PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor.- (]) ontractor:(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Signature Title IL- 13- l? Date I Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 MOM Date:September 21 200��+�� City of Fort Worth, A hm m-fule municipal orxporaRon APPRQ,VAL RECOhIMLNDED: APf� ' Doug Wlersig,F.E. Jesus Chapa Director,Departrnent of Assistant CRY Manager Traraportation&PtOo Wales RDW FORM AND LEGALITY: Contract Compliance Manager: By signing,I acknowledge that I am the Douglas W.t3" person responsible for monitoring and Assistant qty Altomq administration of this contract,including i ensuring all performance and reporting Q' require encs. ATTEsr: i, �F . Q Leon Wilson Jr.,P.E. :� Senior Professional Engineer KaySeCRYJsecxetvy r M&C# IN P , i Date, OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX