HomeMy WebLinkAboutContract 53034 O CITY SECRETARY
530
1�����'� Tariff for Retail Delivery Service 17n►�RACTNQ. 31
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���•� Oncor Electric Delivery Company LLC
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6reements and Forms
A*68'able: Entire Certified Service Area
Effective Date:September 21,2009 Page 1 of 3
6.3.5 Discretionary Service Agreement WR# 3476141
Transaction ID: 21312
This Discretionary Service Agreement("Agreement")is made and entered into this 27 day of September ,2019 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 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.
The City of Fort Worth is working on the drainage on Risinger Rd and Interstate Highway 35.This work is placing Oncor facilities that are in
easement in conflict.Oncor will remove one down guy and install one down guy outside of drainage construction.The customer has agreed to
pay$1089 ($119 Material+$970 Labor+ $0 FF).
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 by Customer and continues in effect until all
associated work by Company has been completed and reimbursement from Customer has been secured,with no allowances for betterment.
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 Companys 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 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.
OFFICIAL RE .. ,
CITY SECRE ' '
FT.WORTH,T
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
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:
William Riegler
115 W.7th St.,Suite 625
Fort Worht,Tx,76102
817-215-6707
(b) If to Customer:
City of Fort Worth
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.
City of Fort Worth
200 Texas Street
Fort Worth Tx,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,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 Customer's agents or assignees,for any
actual or consequential damages resulting from damage to such undisclosed or unknown facilities.
(ii)Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the invoice
is received,whichever is later.The estimated amount to be invoiced is$1089
(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)Construction scheduling will begin upon receipt of fully executed document at above referenced address.
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 3 of 3
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric y"eCm9mpany LLC
[ii I tAltr
Signature �Aeva�a
William R. Riegler
Printed Name
Engineer
Title
09/30/2019 j 11:10:21 AM CDT
Date
City of Fort Worth
A home-rule municipal corporation
A=� �M E,XffD: � AP7
4"ij
William Johnson Dana Bur doff
Director, Interim Assistant City Manager
Transportation and Public Works
Department
AP S O F�'l AND LEGALITY;
DO la lack
Assistant City Attorney
A,TT
r Q.,
Ma Ka e *•� i- ����
City Secre ary ' y(,Q,S �,. OFFICIAL RECORL
me# NA CITY SECRETARY
FIG WORTH,TX
Date: NA
ONC R
ELECTRIC CONSTRUCTION PRINT WR NO. 3476141
SHEET 1 OF 1
DATE 09-13-2019
WR NAME BEN- COFW- EAST SIDE OF RISINGER RD AND IH35 DG - WRR
p BEN- COFW- EAST SIDE OF RISINGER RD AND SCALE 50
f�
Ep
CUSTOMER SERVICE CENTERFWE
ADDRESS RISINGER RD
OFFICE 511
LOCATION MAPSCO
DESIGNER RIEGLER.WILLIAM RUDOLPH PROJECT MANAGER RIEGLER.WILLIAM RUDOLPH
USERID PHONE NUMBER (817)215-6707
PHONE (817)215-6707
O Zf119 Oncor Electric Delivery
Maps.drawirup`and elactronlc data(products)re created for the vrtrnal prpoen of Oncor Electric Delivery inth no istplication of s nubility or fitruss for the intarrded use of the recipient Drror Electric
DsLvey ulll make good faith efforts to provide products that we free from error,but doss not Tarrant the accuracy or grdltg of such Products.The loaatioro shower are apprimmmstlons and w not vrtrded to
1.enact locations.Products provided to other parties bg Omar Electric Delivery we for the internal rue of the reciplent end the reCl mint agrees mat to di fhoste or dustribute the prWwt.ar sy portion of
the products to third prima mVmwt the prior written pervasion of Qior Electric Delivery.The recipient further ages to hold harmless end mdarrfy Orrar Electric Delivery agairot all dame,costa,arperos►
and dreegas resulting from or predicated upon strict lubilatu far personal IrtPJriss,death or property dosage,on s count of ry defects m the property provided herevider.
r
r
i
RISINGER RD
532/975
150 Q
x: DG
Q
VOL4791 PIctlffl
DISTRIBUTION EASEKENT AND RIGHT-OF-WAY
THE STATE OF TaxA8 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF *AnmT
That
BERT E: HEYL
(heroin referred to in the singular.whether one or more)of...._..T._` Taws,for and in eonaiderWon
et--.- ..-.-.-- -..r--.r..014F�.1lNA...NCl/700.-. .----;.Dollars ($...........J__0D..............
)
1
.to me in band paid b jfsaas Electric Service Company have granted,mold and conveyed and by these presents do grant,sell and
convey unto the sat�Companyy n�n easement of right-of-way for an electric distribution line,consisting of variable numbers of
wires, and all necessary or desWble appurtenances (including poles made of wood, meld or other materials,telephone and
telegraph win,props,guy@ and anchorages),at or near the location and along the general course now located and staked not
D�said Company,along,over,order,won and upon the following described lands located is. TE31RANT _•---
Canty.Teas,to wit: '
' r
A 154 acre tract 'of'land out of the G. Hamilton Survey, Abstract No. 751, ,
Tarrant County, Texas, which property is more particularly described in
" Volume 1808, Page 363, Deed Records, Tarrant County, Texas to which
reference is hereby made. '
An easement for an electric distribution line, the center which
1; begins at a point in the northwest property corner.
. ' Thence, extends east along the north property line a e of 2375
feet to a'point.
i .s. Thence,•from said point extends south a distan _eet,
Again, from said point continues east along he no property line a
i distance of 185 feet to a point,
Thence, from said point extends south a dxstanc 336 feet to a point.
Thence, from said point extends east a di e of 280 feet.
Approved As To Form
This is no part of a homestead,
. CANTEY,HANGER„G RAVE •A,SCMODRWA
By —�
-••a 1 Greater recognises that the general course of mold e,as ove described, is ba"d upon preliminary surveys only,end
hereby agrees that the easement hereby granted tall t e actual location o said line when Constructed.
Together with the right of ingress and a scent lands to or from said right-of-way for the purpose of
inspecting,maintaining,constructing and remo d appurtenances; the right to relocate along the same general
direction of said lines;the right to relocates the a relative position to any adjacent road it and as such road is
widened in the future;the right to lease poi a purpose of permitting others to string wire or other desirable appnr-
tenanees an sold line;the right to prevent the ct n-Gt,for a distance of 5 feet on each side of the actual center of said
line,any or all buildings,structures or other o _ which, in the sole judgment of the Company,may endanger or Inter-
Uri with the efficiency,safety, and/or convenient - ration of said line and its appurtenances; and the right to trim or cut
down tress or Aubbery within,but not limited qti I0-foot space, to the extent, in the sole judgment of the Company,as
may be necessary to prevent possible inte me -th the operation of said line or to remove possible hazard thereto.
TO HAVE AND TO HOLD the above c ement and rights unto the said Company,its successor@ and assigns,until
Bald due shell be abandoned.
And i de hereby bind myself,my legal representatives,to warrant and forever defend all and mingslar the above
described osaement and rights unto th d y,Ile successors and assigns, against every person whommoever lawfully
eiaWag or to sheha the items or any thereo.
wrrNEU W day of-..._.....
..-_ . ....... ..........._.............._.,y�
E�party /
sybjesASCues Emiome __.._._._......__ ... .... (........... �._- -
Bert E. Hey
._.._.._.._-....._._.............._...............
Neither the value of the rights healn veyed ;
gas the aanadefim paid therefor aroeede:IM M,
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THE STATE OF TEXAS s`� .d • O�e� �
�yz,
Govan or TARRANT
BEFORE YE,lie anderefgsod,s d bend 6tate,on this dal personally appeare�"�
BERT E. HEYLJjj
'• s;'�w=� {
i�ewa to me to be the yawn wiaas aabsen to the fomg*Wg fsstrameak and#10M�
nor tflat M esaa9td the psrpaea and eemldentlea there ezprseled.
CJM VNDEB MY HAND AND L OFFICE tits the /7 day efQ[.S. D. 1969
1f* 7 an ar TARRANIVa
I A.►RIGMORE,Notary Puboe
THE STATE OF'TKXAB IN AND FOR TMMNT CDONJr,ILMS
ODVNTY Or _
BEFORE KL the undersigned,.Notary Pnblk is and for said Camty and state,an this day pusonasy appeared
bewe to ene to be the perem -ban none iabealbed to the foregofac imdr monk and wlawwfadired to
so tint he eaemtod tie was for the parpaes and eaeaidersuce therele exprened.
GMW IINDEft KY HAND AND SEAL Or OFFICE this tho dq of A.D. 1e
Tfair .
THE STATE OF TEXAS
COUNTY Or
BEroltE YE,the wnderdgmed,it MUM Fsbfk IN aid for sold Costly and state.on this day personasy appeared
.be"to me to be 60 pereon and offieer
vbeo same 1s arbeafbad to the fae{eiac fadrament and sefawwidgad ti me that the nuns am the net of the nld
a eorpoestie%and that he eserAed the same Na the ad of so earporaum for tie parpsses and eastlderadom thuds
sapeessod,said IN fie eapedty therefa stated
GIM vNDEX KY HAND AND SEAL OF OFFICE this the day of A.D.1t
sv14791 ?a191 ow GMLMV, um