HomeMy WebLinkAboutContract 39932 (2)cirr secRernrtry
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Tarriff for Retail Delivery Service
Oncor Electric Delivery Company
3.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002 Revisi<
6.3A Discretionary Service Agreement WR Number
Transaction ID
This Discretionary Service Agreement ("Agreement") is made and entered into this 25 day of
February, 2010, by Oncor Electric Delivery Company LLC, a Delaware limited liability company, and FORT
WORTH WATER DEPT. ("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.
- FACILITIES REL
PRIOR TO ONCOR BEGINNING THE WORK REQUIRED.
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 03-15-2010 and continues in
effect until 03-19-2010 .
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 services) 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
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:
NCM Manager
Oncor Electric Delivery
7860 WINBROOK
BENBROOK, TEXAS 76126
(b) If to Customer:
FORT WORTH WATER DEPT.
1115 11 TH 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.
Oncor Electric Delivery
Atin: PATRICK KEOUGHAN JR.
7860 WINBROOK
BENBROOK, TEXAS 76126
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) FORT WORTH WATER DEPT.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.
(ii) 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.
IN WITNESS uthorized representatives. WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
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ncor Electric Delivery, LLC
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Oncor Electric Delivery
7860 Winbrook Drive
Benbrook, Texas 76126
Attn: PAYMENT COORDINATOR
817-443-3428
Customer:
Fax: 817-443-3451
Name: FORT WORTH WATER DEPT.
Invoice # WR - 3073561
Address: 1115 11TH AVE.
City: BENBROOK, TEXAS 76116
ATTN: CHRIS HARDER
Date: 02-25-2010
Qty
Description
Unit Price
Total
1
REMOVE ONE SPAN OF OVERHEAD 3 PHASE
PRIMARY, OVERHEAD TRANSFORMER, ONE
POLE AND DOWN GUY LOCATED AT HOLLY
WATER TREATMENT PLANT NORTH.
1
LABOUR
$15788.84
Cost valid for 30 days of contract stated date
Total Due
Upon Receipt
$15788.84
� Remit payment to the above address.
*
Please include the Invoice # on your check.
b If you have any questions about this invoice
please contact (RICK KEOUGHAN 817-443-
3428)
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PATRICK KEOUGHAN JR,
PMDS Project Designer, Senior
OncoI Electric Delivery
7860 WINBROOK
BENBROOK, TEXAS 76126
817-443-3428
2/25/2010
1115 11 TH AVE.
FORT WORTH, TEXAS 76102
RE: POLE REMOVAL NORTH PLANT
Dear Mr. HARDER:
Enclosed please find an executable copy of a Discretionary Service Agreement with Oncor Electric Delivery Company
LLC, a Delaware limited liability company, and a Statement of Charges m the amount of $1,768.84 for the provision of
discretionary services for the above referenced project. Please execute the agreement in the area designated as Accepted
by Customer and return the agreement to this office along with your remittance in the amount indicated above.
If you have any questions regarding this matter, please call.
Sincerely,
PATRICK KEOUGHAN JR.
PMDS Project Designer, Senior
817443-3428
r �T , SECRETARY
�sE� TX
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