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HomeMy WebLinkAboutContract 44385Tariff for Retail Delivery Service ����� ���R�� j�L� Oncor Electric Delivery Company LLC C�NiRACi IV�o „w„ 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 6.3.5 Discretionary Service Agreement Page 1 of 2 � # 3196953 Transaction ID: 28830 This Discretionary Service Agreement ("Agreement") is made and entered into this 5 day of APril 2013 , 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 some6mes 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 discreBonary services in accordance with this Agreement. A customer contribution of $6,686.53 for the modification of existing distribution facilities to meet the customers request at 4525 Norris Valley, FoR Worth, TX. This cost includes the new 277/480V 600A transocket needed due fo the voltage change. 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 (induding the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Compan�s Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue senrice, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Compan�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 Senrice Charges — Charges for any discretionary services covered by this Agreement are determined in accordance with Companys Retail Delivery Tariffi. Company and Customer agree to comply with PUCT or couR orders concerning discretionary service charges. 4. Term and Termination -- This Agreement bewmes effective upon acceptance by Customer and continues in effect until completion of project . 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 arrangemenfs 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 al( 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 wnting and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Ta�iff are applicable to ihis Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreeme�t 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 Iiable 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 harein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, induding without limitation 60 days , 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 PaRies 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, retum receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delivery Attn� Patti Nichelson 2501 Urban Dr. Fort Worth TX 76106 ���....�- --_ �FF1���� �� ��� I' �. ��iY �'��RI� � `�"�'r`�ii����2°��` �� VfVI.. � � - - � RECEIVEd /�PR 2 3 ��i3 - R�'CEIVED �,f�f� 1 S ��i�i 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 2 (b) If to Customer: Citv of Fort Worth The above-listed names, titles, and addresses of either Party may be changed by written not�cation to the other. 10. Invoicing and Payment — Invoices for any discretionary services covered by this Agreement wiil 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 fo Customer. City of Fort Worth 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 Compan�s standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by fhe 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 perfoRnance 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 ta xes (other than federai 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 afforcled no significance in the interpretation or construction of this Agreement. 14. Multiple C ounterparts — This Agreement may be executed in two or m ore counterpaRs, 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 paRy 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 undisdosed 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 �ot include any charges related to the relocation of any facilities owned by a franchised utility, govemmental 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 relocationlremoval of facilities outlined in this agreement untl Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (��) Cost good for 60 days from date of this agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC � lZ�'n�"tC� k/�'�fZ,�� Signature Brenda Worster Printed Name PMDS Project Manager Title 4/5/13 Date City of Fort Worth Customer ! Entity Signature Printed Name Title Date V I V �,. " It � This Agreement is effective as of the last date signed by the Parties (`Bffective Date"). Company: City of Fort Worth (�'�1i� C. r� �� LC= �: � v� l C,��c.-Z / Ut 7'Z �' �� By: ;� � (/t��rncr»clo ('o,s�tu) �� �� Assistant City Manager By:��( ��,� � ��'���'C; ;��C ��%�.Q�-�?, (Signature) / / _ /�i-i� �t%/�1 ;iL-��/�� %L- �L Date �//, �� �,,~o b � . 00 `b�.r� � (Printed Name) Title: Attest: .,., �. �>.., .,.,., City Secretary (Seal) Address: City/State/Zip: Date M&C N/A Date: o� �'�o d°� � �. �n.. ,.n� � � Ap rov d" as`to F in and Legality: � " � � � �" Douglas W. Black Assistant City Attorney APPROVAL RECOMMENDED: r � S. Frur7k Crr��rrb. P. E. DIRECTOR, (6Vutc��� /�el�urh�7erlt) OFFICIAL RECORD CI'iX SECR�'�'AR1P �e Fli�n e Ply i /C CITY OF FORT WORTH 4525 Norris Valley — Voltage Change � STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised April 8, 2013 �' � 5 . ,.,.� �s� E�ti���` �lec��ic Ii�li�ery �ornpany It��a���a �oo Fatti Nickeison/Brenda Worster 2SQ1 UrbanDrive Fort Worth, Texas 76106 � 1 �'. �Tame. City of Fart Worth �ddre��o 100Q Throckrnorton �196953 �i�y. Fort Worth State: `I`� 2ip:i6102 'I' fiI� 2��3fi �hoea�: Tiin Allen 817-3R2-5931 I���e 415113 � 1 . � : ,� ��� 1, ' -M �� 1 CQST Tt� CHANGE V4LTAGE FROM 4$OV TO 27�i48dV PER REQUEST OF CUSTC}Iv�R ACCOIJNT SS9-8275-9� ` 452� NORRIS VALLEY DR; FORT WORTH 76I35 COST IS GOQI� FOR 60 DAYS FRQM DATE OF INVOICE �a E�emif paymeni to �he above ac(dress �tin: F'atti f�ickelson. � Flease includ� the W� # on your check. � If you have ar�y ques�ions aboufi this invaic� please ccrntiact Brenda Vtiiorsfer a� 817/624-6073 Tatal Due U�on Rec .53 �, .