HomeMy WebLinkAboutContract 61581Tariff for Retail Delivery Service C INC R.
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms CSC No. 61581
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.5 Discretionary Service Agreement WR#: 22239547
Transaction ID:
This Discretionary Service Agreement ("Agreement") is made and entered into this 19th day of April 1 2024,
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 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.
Per customer request it is proposed to core into an existing vault and an existing manhole so we can relocate our existing primary
feeders that are serving the vault. Total cost to the customer is $57,000.00
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 f ully 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 Upon completion of all work associated with this vault modification Droiect
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 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 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, LLC OFFICIAL RECORD
Nicholas Horvatich
777 Main St CITY SECRETARY
Fort Worth, TX 76102 FT. WORTH, TX
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September21, 2009
(b) If to Customer:
City of Fort Worth
1201 Houston St.
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 2
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
Dana Burghdoff
200 Texas St.
Fort Werth. TX 76_JQ2
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 ma y 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.
Customer will be responsible for granting us access to perform the work that is requested.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
T~
Signature
Todd Scoggins
Printed Name
Manager of the Network Systems
Title
6/ 11 /2024
Date
Citv of Fort Worth
Customer / Company Name
Dana Burghff
Dana Durand off (Jun 1, 024d1 70 DT)
Signature
Dana Burghdoff
Printed Name
Assistant Citv Manaaer
Title
Jun 18, 2024
Date
CITY OF FORT WORTH
APPROVAL RECOMMENDED:
By:
Name: Marilyn Marvin
Title: Interim Director, Property Management
4.d440�4n�
ATTEST: cF FORro4k'
pro b0
Ovo g=d
nEXA?o40-
By: U
Name: Jannette Goodall
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By:
Name: Nikita N Watts
Title: Sr Capital Projects Officer
APPROVED AS TO FORM AND LEGALITY:
By: Douglas Black (Jun 18, 202411:52 CDT)
Name: Doug Black
Title: Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
NA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ONCPR- Statement of Charges
PO Box 910104 Date: 3/25/2024
Dallas TX 75391-0104 Project No: 22239547
Transaction ID: 27308
Horvatich, Nicholas
4692617890
Nicholas.Horvatich@oncor.com
Bill To: Project Location
Dana Burghdoff Street Address:
City of Fort Worth 1201 Houston St
401 West 13th Street City: Fort worth
Fort Worth, Texas 76102 County: Tarrant
Billing Description•
Cost for coring into existing manhole and vault for relocati $57,000.00
Price quoted is valid for thirty (30) days from the date of this document. Total off of
Remittance Options:
Check Instructions
Make all checks payable to Oncor Electric Delivery Company, LLC
OR
Electronic Funds Transfer / EFT Instructions
JP Morgan Chase Bank / Dallas
Account#08806169791
Routing #'s
ABA: 021-000-021 (Wire Transfer)
ABA: 111-000-614 (ACH payments)
Federal Tax ID: 75-2967830
If an EFT is made please have your financial institution include the tracking number
Also, email Confirmation number and transfer date to
THANK YOU FOR YOUR BUSINESS!
___---------------------------------------------
REMITTANCE SLIP
Detach this portion of the invoice to accompany payment and mail it with your check
Checks are to be made payable to Oncor Electric Delivery Company, LLC
Please retain the above statement for your records
Remit To Customer Name
Oncor Electric Delivery Company, LLC ICity of Fort Worth
Attn: Rowe, Kayla; Horvatich, Nicholas JProject Number: 22239547
PO Box 910104 ITransaction ID: 27308
Dallas TX 75391-0104 Total Amount Paid:
1$57,000.00