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Home My WebLink AboutContract 44031 (2)Tariff for Retail felivery Service Oncor Flectric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 63A Iscret.nary Servllce ent a€cREtM j \r1/417 PACT0 Page 1 of 3 Revision: Original Wr number 3191765 Ciac tracking # 28495 This Discretionary Service Agreement ("Agreement") is made and entered into this 12`h day of December, 2012, by Oncor Electric Delivery Company LLC, a Delaware limited liability company, and the 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 relocation of existing underground electric line that is located in an Oncor Easement located on Meacham Blvd in Fort Worth Texas, on ONCOR ELECTRIC DELIVERY COMPANY WR # 3191715. This work will entail the relocation, lowering of an existing underground 4/0 electric line, a 6" conduit and installing a new primary pull box. The discretionary service is in accordance with the Tariff for Retail Delivery Service, Oncor Electric Delivery Company, Removal and Relocation of Company's Facilities: Distribution 6.1.2.2.8. The Calculation of Contribution in Aid of Construction (CIAC) and amount due from Customer is based on the provisions of Section 6.1.2.2.5 Tariff for Retail Delivery Service. The City of Fort Worth agrees that the payment for the discretionary services provided for within this Agreement shall be made within 90 days from the receipt of the invoice. Oncor Electric Delivery Company agrees to begin work on the provision of the requested project prior to receipt of payment. Estimated Total cost for request: $21,243.00 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 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 and signature and continues in effect until TXU ED construction is completed. 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 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 [specify any prior agreements being superseded], 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 Company Attn: Alton Gillit P.O. Box 970 Fort Worth, TX 76101 OFFICIAL REC0Rn+ CITY SECRFTARY FT. !NORTH, TX 01-OQr1 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 (b) If to Customer: City of Fort Worth Attn: Kevin Bruton P.E. 1000 Throckmorton St, 2`d Floor Fort Worth, TX 76102 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. Page 2 of 3 Re vision: Original 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 Attn: Kevin Bruton P E 4201 N Main St, Suite 200 Fort Worth, TX 76106 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 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) Oncor to bill the City upon completion of the previously prescribed work and the City to pay invoiced amount within 90 days. (ii) 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 can not complete the relocation/removal of facilities outline in this agreement until Joint Users(s) remove their facilities attached to Oncor Electric Delivery poles. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6 3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 IN WITNESS WHEREOF, the Parties have ca authorized representatives, and EXECUTED on this the L -j Tarrant County, Texas. Oncor Electric Delivery. L.L.C. Franchise Utility By: Name: Alton Giliit Proiect Manager P.O. Box 970 Fort Worth, TX 76101 APPROVAL RECOMMENDED: CV"( y 1) t r" Douglas W. Wiersig, P.E. Director, Department of Transportation & Public Works PRO)/ D uglas r Black Assistant City Attorney AS 0 • RM AND LEGALITY: ATTES City Secretary v M&C # xilfr Date: pinto0 g r Page 3of3 Revision: Original d this Agreement to be sign by their respective duly day of idekki.itA127 , 2011: in Fort Worth, APP • .7N/ Fernando Costa Assistant City Manager earzzatir, V----)1 _1(2% ursoatorof cacr,i 0 --re Q 5? 0 19 ,•�oo0oo )73 ILI.4,aF��7 r.>. 4 OFFICIAB. RECOikD CITY SECRETARY F3o MIOrUC,TX