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HomeMy WebLinkAboutContract 63819Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September21, 2009 WR #: 29213077 Transaction ID: 10353 This Discretionary Service Agreement ("Agreement") is made and entered into this_5_day of JULY 2025, by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility, and Citv of Fort Worth ("Customer"), a Citv , 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. BURY A SPAN OVERHEAD LINES 2. Nature of Service and Company's Retail Delivery Service Ta riff -- 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 by Customer and continues in effect until WORK IS COMPLETE 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 El III IRE \A/nRk and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It i s 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 OFFICIAL RECORD 7860 Winbrook Dr CITY SECRETARY Benbrook, TX 76126 FT. WORTH, TX Docusign Envelope ID: 8C771BB5-49BB-4622-8448-42EF85C5D8F7 WWW.ONCOR.COM 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 Property Managment Department Nicholas George, AIA 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 receivi ng electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. City of Fort Worth Property Managment Department Nicholas George, AIA 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) 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) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized representatives. Oncor Electric Delivery Company LLC wad EWasn, , I CIT, - A,, 6. 2025 0h 13'26 CDT'. Signature Wael Elmasri Printed Name Designer Title 08/06/2025 Date City of Fort Worth Customer /�\Company Name Valerie Washington(Dui; 15. 202511:57:20 CDT) Signature Valerie Washington Printed Name Assistant City Manger Title 08/15/2025 Date Docusign Envelope ID: 8C771BB5-49BB-4622-8448-42EF85C5D8F7 WWW.ONCOR.COM Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH ✓011- Wes. Valerie Washington (Aug 15, 202511:57:20 CDT) Valerie Washington Assistant City Manager Date: 08/15/2025 oon� 4 pORT�C p oFoo� �o tyddd P!`o oo�IP ATTEST: o=d ,p PPp*ao o.p Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY By: Stephen Hines 15, 202510:56:38 CDT) Steve M. Hines Sr. Assistant City Attorney BY: CONSULTANT Oncor Electric Delivery Company LLC Jenna Devine (Aug 6, 2025 12:17:51 CDT) Jenna Devine Distribution Sr. Designer Date: 08/06/2025 APPROVAL RECOMMENDED: Marilyn Marvin Director Property Management M&C No.: M&C Date: 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: P Name: Nikita N. Watts Title: Sr. Capital Project Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Fire Station No. 16 Standard Agreement for Professional Services 104185 Revision Date: March 8, 2024 6NCPR Statement of Charges PO Box 910104 Date: 07/25/2025 Dallas TX 75391-0104 Project No: 29213077 Transaction ID: 10353 ELMASRI, WAEL 817-301-7875 Wael.Elmasri@oncor.com Bill To: Project Location Street Address: 5701 Lovell Ave City: FORT WORTH County: TARRANT Billing Description CIAC Bill for work order 29213077 $53,714.72 Price quoted is valid for thirty (30) days from the date of this document. Remittance Options: 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 null THANK YOU FOR YOUR BUSINESS! 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 Customer Name Oncor Electric Delivery Company, LLC Attn: null; ELMASRI, WAEL PO Box 910104 Dallas TX 75391-0104 Signature: Email: Vicki.McDonald@fortworthtexas.gov Project Number: 29213077 Transaction ID: 10353 Total Amount Paid: $53,714.72 2/ 2