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Home My WebLink AboutContract 45103 ~ - Tariff for Retail Delivery Service CITYSECRU O AN noor Electric Delivery Company L 0o,:LLL��— 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1of3 Effective D January �� ^� ^� Discretionary Service Agreement �.�.—� ��U��D�� »�� vv,numbar 3224080 Cieo tracking# 80658 This Discretionary Service Agreement (''Agreomonr) io made and entered into this uo day ofOctober, 2013. byO0cor Electric Delivery Company LLC' a Delaware limited liability oompany, 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 ^Partiox^ m consideration of the mutual covenants set forth herein,the Parties agree a»follows: 1 Discretionary Services to be Provided — Company agrees to provide, and Customer eQneoo N pay hx, the following discretionary services in accordance with this Agreement. The relocation o/existing overhead electric line that is located inan City o, Fort Worth mad right of way fo, /xovvag0evmod Storm vvato, Relief System on vVedgemon| QnJe and Trail Lake dr. in Fort Worth, Texas on OwCUR ELECTRIC osLmseY COMPANY VVR # 3rz4nnn. The Qty of Fort worth has agreed to oonxiuv/o $9,620.00 toward the cost of this job,This work will entail installing two wood poles,relocating overhead electric line,and removing two wood poles. This cost is good for OOdays or December 28\h. 2013. The discretionary service is in accordance with the Tariff for Retail Delivery Service, OnvnrBmxno Delivery Company. Removal and Relocation of Company's Facilities: Distribution 0122.8. 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 o|Fort Worth agrees that the payment for the discretionary services provided for within this Agreement shall be made within 00 days from the receipt ofthe invoice. Oncor E|oomo Delivery Company agrees to begin work on the provision of the requested project prior to receipt ofpayment. Estimated Total cost for request:$9O2onn 2 Nature of Service and Company's Retail Delivery Service Tariff— Any monaoommry 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 Gumico Regulations contained t»mnin),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, o, refuse service initiation requests under this Agreement inaccordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff in 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 Somioo Charges — Charges for any discretionary sem|000 covered by this Agreement are dotomoinoU in accordance with Company's nvmi| Delivery Tariff. Company and Customer agree to comply with PUCTor court orders concerning discretionary service charges. 4. Term and Termination--This Agreement becomes effective upon acceptance and signature and continues in effect until TxUso construction iacompleted. Termination of this Agreement does not relieve Company or Customer of any obligation accrued o,accruing prior tutermination. o. 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 i\\o receive any further services that n may desire from Company o,any third party. n, Governing Law and Regulatory Authority—This Agreement was executed in the State of Texas and must in all ,00poma be governed hy, interpmtem, oonmmed, and enforced in accordance with the laws thereof. This Agreement is subject to all vanu, applicable federal, state, and local |awm, ominoncem, and rules and regulations of duly oursUmtod regulatory authorities having ivnomoUon. T Amendment--This Agreement may be amended only upon mutual agreement of the Parties,which amendment will not uo effective until reduced to writing and executed by the Parties. But changes m 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. o. Entirety of Agreement and Prior Agreements Supo,nouou -- This Agreemont, including an attached Exhibits, which are expressly made a part hereof for all purpoama, uonxVm\ms the entire agreement and understanding bowman the Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or nau|o for any statement, representation, »nzmise, i^du^amont, vnuommnuing, or undertaking of any kind or nature (whether written o, oral) with regard to the subject matter hereof not set forth o,provided for herein. This Agreement replaces all prior agreements and undertakings,oral or written, uowmon the Parties with regard to the subject matter hereof, including vwmwvt limitation (specify any prior agreements being oupomouou].and all such agreements umuvnuonuxingnoeaqroou by the Parties mno longer beov any force meffect. |tinexpressly acxnmwougeo that the Parties may have other agreements covering other services not axp,a»o|y provided for herein,which agreements are unaffected Uy this Agreement. V. Notices--Notices given under this Agreement are deemed to have been duly delivered ir hand delivered or sent by United States certified mail,return receipt requested,postage prepaid,to: (a) If to Company: Onm/Electric Delivery Company xun:A|ton Gmit OFF111CIAL RECORD, P.O. Box 970 Am Fort Worth,TX 76101 CITY SECRETARY ~ Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 0.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2of3 Effective Da J Original (U) |fmCustomer: Qty of Fort Worth Attn: oybbieVmxhoxn 1OOOTxmokmnrtno St,2~Floor Fort Worth,TX76102 The above-listed names,titles,and addresses of either Party may be changed by written notification m 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 tomoo. unless Customer io capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. City of Fort Worth Ann: Dabbioxmxhw|m 1VV0Thmomnonon St,2'~Floor Fort Worth,TX701Oh U Company transmits electronic invoices to Customer, Customer must make payment w Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard pmoouu,on. Company must receive payment by the uoo date n»eoihud on the invoice. If payment is not received by the Company 0y the due date shown on the invoice, a late fee will be oa|ou|atoU 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 Vxaive, — The failure of a Party to this Agreement to inuist, on any 000aoinn, 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 nr future federal, etato, municipal, or other lawful taxes applicable hv reason o| any service noxvnnoU by Company,or any compensation paid to Company,hereunder must be paid by Customer. 13, Headings — Thedenoriphve 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 uf this Agreement. 14, Multiple Counterparts — This Agreement may be executed in two or more ouun,emaus, each of which is deemed an original but all constitute one and the same instrument. 15 OtxmrTarmsanuConmtions— (i)Onoorm bill the City upon completion of the previously prescribed wn,x and the City to pay invoiced amount within OOdays. (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 U»e). The customer must contact all Joint Users and moxo arrangements to have their facilities transferred or m|ooa\md Onoor Electric Delivery can not complete the relocation/rem oval of facilities outline in this agreement until Joint Users(s)remove their facilities attached to oncnE|wwrioDo|iwerypn|en. (iii)Customer has mno|oovg 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 aooigno,w,for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities, OFF"PUAL, RECORD ~ ~ Tariff for Retail Delivery Service OnoorBectic Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page%of3 Effective Date:January 1,2002 Revision: Original IN WITNESS WHEREOF, the Parties ' this by their respective duly authohzodemmoentanves.amuExECUTEoonmis the daycx . 2013. in Fort Worth, Tarrant County,Texas. Onoor Electric Delivery,L.L.C. Franchise Utility By: Name:Alton Gillit P.O.Box 970 Fort Wo APPROVAt.-I�ECOMMENDED: AP .�� Douglas VV.VNemi0. P.E. Fernando Costa Director,Department ox Assistant City Manager Transportation&Public Works A�4ROV IS T ORM AND LEGALITY: 0Q ou as W.Bla?ce� Assistant City Attorney OR ATTE : C,0 Klary J"K-a-6 fl/ V t'-,' -T City Secretary OFFICIAL. RECORD C11"Y SECRETARY 17. WORTH, TIK