Loading...
HomeMy WebLinkAboutContract 63254CSC No. 63254 lelivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 W R#: 2039852 Transaction ID: 6709 Page 1 of 2 This Discretionary Service Agreement ("Agreement") is made and entered into this_I.3_day of And 7 1202 5, 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 el INI('IP 1 ITY AND A PROJE�T REPR�EISEI ITATJVE, 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. SPECIALTY TRANSFORMER ORDER, DELIVERY, INSTALLATION, AND PRIMARY DIP EXTENDING TO NEW TRANSFORMER. 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 Ta riff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in effect until -,,no rnAmm uTTnhi JOB�GO P-L€TION-------------------------------------------------------- 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. FUTURE WORK and all such agreements and undertakings are agreed by the Parties to no longer be or any force or erect. n is expressly acKnowieagea that the Parties may have other agreements covering otherservices 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 PO BOX 910104 DALLAS, TX 75391 OFFICIAL RECORD CITY SECRETARY Docusign Envelope ID: 1 FB10812-OF19-4723-9E80-E3614A2434E7 FT. WORTH, TX WWW.ONCOR.COM Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 (b) If to Customer: CITY OF FORT WORTH 100 FORT WORTH TRAIL, 5TH FLOOR 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. $55047.40 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 maybe 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) CITY OF FORTWORTH 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 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 theirfacilities attached to Oncor Electric Delivery Poles. (iv) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized representatives. Oncor Electric Delivery Company LLC CITv nF FnDT A/nDTu DocuSigned by: ,"-i"BtON eMC117948... Ctu-is Smdik - Signature " ... Jesica McEad CIII Printed Name Printed Name rlacignar Ac nninta ti-� � SS1STdILT l..11y 1VId1 ld%CI Title Title 04/25/2025 1 11:14:46 AM CDT D® DA Docusign Envelope ID: 1FB10812-OF19-4723-9E80-E3614A2434E7 WWW.ONCOR.COM Tariff for Retail Delivery Service 6.3 Agreements and Forms Oncor Electric Delivery Company LLC Applicable: Entire Certified Service Area Effective Date: September 21, 2009 APPROVAL RECOMMENDED: Christopher Harder By:C hristopher Harder (Apr 29, 2025 10:53 CDT) Chris Harder, P.E. Director, Water Department By: Douglas Black (Mav 2, 2025 08:20 CDT) Douglas W Black Sr. Assistant City Attorney ATTEST Jannette Goodall City Secretary Page 2A of 2 °° FORt�P� p�0 °.Id °pro 0 d�II� nEXA5o4 RonRon l AT 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 ad avid' / ownsend or 29, 2025 10:50 CDTI David R. Townsend, P.E. Facilities Engineering Manager Water Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6NCPR PO Box 910104 Dallas TX 75391-0104 SMOLIK, CHRIS P 817-751-3280 Chris.Smolik@oncor.com Bill To: TIM ALLEN WATER SYSTEMS 100 Fort Worth Trail, 5th Floor Fort Worth, TX 76102 Statement of Charges Date: Project No: Transaction ID: Project Location Street Address: 4328 ALTAMESA BLVD City: County: CIAC Bill for work order 20398527 Price quoted is valid for thirty (30) days from the date of this document. Remittance Options: 04/23/2025 20398527 6709 FORT WORTH TARRANT Check Instructions Make all checks payable to Oncor Electric Delivery Company, LLC Please put the Transaction ID & Project No. in the Check Memo Electronic Funds Transfer / EFT Instructions JP Morgan Chase Bank / Dallas Account Number 08806169791 Routing Numbers 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 Ashley.Parsons@oncor.com THANK YOU FOR YOUR BUSINESS! $55,047.40 1/ 2 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 Oncor Electric Delivery Company, LLC Attn: PARSONS, ASHLEY; SMOLIK, CHRIS P PO Box 910104 Dallas TX 75391-0104 Customer Name TIM ALLEN Project Number: 20398527 Transaction ID: 6709 Total Amount Paid: $55,047.40 2/