The URL can be used to link to this page

Home My WebLink AboutContract 42221 d+�l Tariff for Retail Delivery Oncor Electric Delivery Comp ny LLC 6.3 Agreements and Forms Applicable: Entire Cd Service Area CITY SECRETARY M%�t� na C�TRACT NQ, Page 1 of 3 ►y Service Agreement evision:Ori final This Discretionary Service Agreement Electric Delivery Company,LLC ("Agreement")is made and entered into this_ ("Customer" ("Company"),rred to a Delaware limited liability company and distribution utility,and the Ci or consideration of the mutual covenants ereinafter eset forth herein,the Partes algree as fo 2011,f Fort by OO h -Partyor both referred to cull ctively as the "Parties". rt 1. Discretionary Services to be Provided--Company g P ows: g In services in accordance with this Agreement. Com an agrees to Provide, and Customer agrees to pay for the following discretionary The proposed extension of North Beach Street crosses the"Com an 's" One of the Com an 's structures will have tot relocated out of the r" osed k ht-�Iess1318 �hna aso cause the need for an l structure to be relocated to rade back lntoetheexistin structures install nd transfer the kV r-Mas rel Ta Line), t. This relocation will 2. Nature of Service and Com anon. This a reement Provided b pony's Retail Delive tin conductors. y Company, and accepted b Delivery Service Tariff-- Substantive Rules and Company's Tariff for Retail Delivery Service(including the Service Regulations c Y Customer, in accordance Any discretionary services covered by this Agreement will be ontained therein),as it m y from time to time be fixed and a with applicable Public Utility Commission of Texas ("PUCT") entitled to discontinue service r interrupt' cthe e, or refuse service initiation requests under this A ree PUCT Substantive Rules and Company' CT(Company's Retail Delivery Tariff") During the term of this Agreement, Company s extent as if fully set out herein. Unless otherwise expressly stated in this Agreement,the terms used P ry Tariff. Company's Retail Delive Tariff is art of thisment in ggreementltto the same thereto in Company's Retail Delivery Tariff. 3. herein have the meanings ascribed with D'Comtian ary Service Charges—Charges for any discretions P y's Retail Delivery Tariff. Com an discretionary services covered by this Agreement are determined in a ccordance service charges. P y and Customer agree to comply with PUCT or court orders concerning discretionary 4.Term and Termination--This Agreement becomes effective on Termination of this Agreement does not relieve Company or Customer of an ��and continues in effect until 5. No Other Obligations — Y obligation accrued or accruing 5. expressly g This Agreement does not obligate Company to provide, or entitle Customer to rete ve,rior to Iant' n P Y provided for herein. Customer is responsible for making the arrangements necessary for it to receive it may desire from Company or any third party. Y ice not 6-Governingg any further services that Law and Regulatory Authority — This Agreement was executed o the State a Texas and must i l all respects le governed by, interpreted,construed,and enforced in accordance with the laws thereof. This Agreement is subject federal,state,and local laws,ordinances,and rules and regulations of duly constituted regulatory authori 7. Amendment—This Agreement may be amended only upon mutual agreement of the pa to all valid,applicable until reduced to writing and executed by the Parties. But changes to applicable PUCT Su ties having jurisdiction.ilntb Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Parties which amendment will not be effective e Rules and Company's 8. Entirety of Agreement and Prior AgreementsRetail Delivery made a part hereof for all Purposes, Superseded-- Agreement. express) P P constitutes the entire agreement and understanding between the Parties with regard to the service(s) This Agreement, including all attached Exhibits, which are expressly y provided for in this Agreement. understanding, or undertakingThe Parties are not bound b 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. Y or cable for any statement,representation,promise,inducement, the subject matter hereof, including without limitation superseded], and all such agreements and undertakings are agreed b the P lfpk t' oral or written,be the Parties with regard to acknowledged that the Parties may have other agreements covering other services not expressly [specify an are unaffected by this Agreement. t rties o no longer be of anforce or effect.agreements gree see expressly P Y provided for herein,which agreements g. 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 Attn: is s-� �"� [OFFICIAL RECORD Suite 1105 CITY SECRETARY Ft.Worth,Texas 76102 FT. WORTH, TX t -+ , Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date:Janua 1,2002 Page 2 of Revision: Origin (b) If to Customer- 4 ip_ - 0� r 2- The 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. Oncor Electric Delivery P.O.Box 910104 Dallas,TX 75391-0104 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 Pa rty to Performance of any provision of this Agreement will not be consideredgto waive the reement to fobligabonsnsist on a rights,osfdutieImposed 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 byCompany, 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 — P 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 Terns and Conditions—NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT TO THE CONTRARY,THE PARTIES HEREBY AGREE THAT. 15.1 Relocation Costs. (a) Customer shall pay to Company the total costs ("Total Costs") incurred by Company in connection with providing the discretionary services,including,but not limited to: ch cludes fees, materials and equipment, transportation,spurchas ngnand storage, labor and co sand t uct on, whichmaymaysbe incurred by Company in providing the discretionary services as set forth in this Agreement,and attorneys'fees, if applicable, incurred in the process of obtaining final unappealable a incurred by to provide the discretionary services Company reserves the right to reasonably adjust and modify the Actual Costs from approval, as needed, from the Public Utility Commission of Texas in order time to time after the effective date of this Agreement, and Customer agrees to accept and acknowledge any resulting adjustments and modifications to the Total Costs and any resulting modifications to the Initial Payment (as hereinafter defined),plus (ii) all applicable taxes, general and special, including taxes or tax components resulting from Customer's payment of the Actual Costs to Company. (b) The Total Costs under this Agreement are estimated to be[$75,000]("Estimated Costs,), subject to adjustments by Company pursuant to Section 15 1(a)(i);and QgFFmC� usRtom�ee urposes of securing the performance of Cu stomer under the Hell eliver to Company upon the execution of this Agreement by all tpart parties, amount equal fthis CITY SECRETARY s to T, 'NORTH, TX 4 � zaW `•�,{aa4ti Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date:Janna 1,2002 Page 3 of 3 the Estimated Costs ("Initial Payment"). Th11 e Initial Payment shall be applied to the payment of the Total Costs. WithinPision: Original Cost (�days after completion of the discretionary services,Company shall deliver to Customer a statement of the Total Costs. In the event that the Total Costs exceed the Initial Payment,Customer shall deliver final payment of said balance to Company within forty(40)calendar days of receipt of said statement. In the event that the Initial Payment exceeds the Total Costs as shown on the statement, Company shall refund, without interest, said balance along with the final statement. 15.2 Completion Date. Company shall in good faith attempt to complete the services as soon as reasonably Possible, but does not commit to a date certain for such completion IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. ONCOR ELECTRIC DELIVERY COMPANY LLC City of Fort Worth 8y: Name: Justin Johnson Name: Fernando Costa Title: Senior Director Transmission Design Date: Title: Assistan Cit Manager �LZ—L� Date: / mmended:JJ W, �"' Doug W.Wiersig Dire , Transportation/Public Works Department Approved as t o d Legality: Do las ack Assistant City Attorney ATTEST: qMa City Secretary V 4 °oO0 1► 4� Date: _ 2 .� oo°o�� MRC 0,4o 0 n OO OOOJQOOO OFFICIAL RECORD CITY SECRETARY FT WORT'}, TX � n 900 co 7MOD KELLER MAGNOLIA SUBSTATION - 10/2 336.4 ACSR LINNET" PER PHASE 138kV CONDUCTOR 850 Z 7A — 1012 STRANDASTEEL SHIIELOVIRE ! 1 800 457' E265Y �' \ 1$ 554'm le � cV ca F. aD ICE � t 750 x m N ^ 1 SU8 11/2 11/1 ^ I i a �^ E6^ 1 S M 700 a a 1 STRAND EHS SHIELD-3/8 X 7 STRAND EHS 1 0' RULING SPAN:550' 30.FINAL 6.66'OF SAG 0 60'FINAL MCM ACSR (LINNET) CONDUCTOR:336 MCM ACSR (LINNET) 0' RULING SPAN:550' 60'FINAL 13.73'OF SAG 0 194'FINAL TO BE INSTALLED 650 TO BE REMOVED 0+00 5+00 45+00 50+00 e y, o �_ k 4 �W Z r "'N a = • fl� u OWIES TRER TO E ME 0 0 ., 478-ml .\Working\654700106a_a.dgn 8/22/2011 10:30:12 AM un iJ-:^ ""� X4:41 ryw�'eai Ivi&C•R eview Pag CITY COUNCIL AGENDA Officiai site of the city of Fort Wo FORT DATE; 6/14/2011 REFERENCE NO.: "C-24960 LOG NAME: 20NBEACH CODE: C TYPE; ONCOR CONSENT PUBLIC HEA SUBJECT: Authorize Execution of a Discretionary Service A eemRING: NO 9ent and Payment to Oncor Electric Delivery Company, LLC, in the Amount of$75,000.00 for the Relocation of an Existing Overhead Tower Structure for the Construction of North Beach Street from Gold Wangle Boulevard to Keller-Hicks Nr-Hicks Road (COUNCIL DISTRICT 2) en REP-COMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Service Agreement and payment to Oncor Electric Delivery Company LLC, in the $75,000.00 for the relocation of an existing overhead tower structure for the co Discretionary Beach Street from Golden Triangle Boulevard to Keller-Hicks Road. construction of North amount of DISCUSSION: The alignment for North Beach Street between Golden Triangle Boulevard and Keller- Hicks conflict with an Oncor electrical overhead transmission tower. Due to the alignment roadways at each end of this roadway segment, the distance between each Keller Hicks Road is standards makes it impractical to realign the roadway to avoid the tower. Consequently, of the existing cor Electric will relocate the existing tower and place it outside the right-of-way T end and minimum design Discretionary Service Agreement with Oncor and a payment of$75,000.00 forth eptly, On eq effort. Y his relocation requires a The 2008 CIP provides funds for the construction of the east two la a associated work Golden Triangle Boulevard to Keller-Hicks Road. The construction of North Be anticipated to start in Spring 2012. nes of North Beach Street from Beach Street is This project is located in COUNCIL DISTRICT 2, MAPSCO 22 J, K and L. FISCAL INFORMATION/CERTIFICImprovements : The Financial Management Services Director certifies that funds are available i budget, of the Street Fund. n the current capital TO Fund/Account/Centers FROM Fund/Account/Centers C2_Q4 541__ 200 2Q223 145 71 $75,000.00 Submitted for Ci _ Manager'sffc Oe by Fernando Costa (6122) Oriaiinating Department Head: Douglas W. Wiersig (7801) Additional Information Contact; Michael Weiss (8485) ,TTACHMENTS 20NBEACH ONCOR MAP.pdf Itml:file:/iC;ADocuments and Settings\weissmlMy Documents\KELLER-HICKS \PHASE 3\Utilities\C-... 6/16/2011 . t P f !J l �" fit, r �•„ !� !! 4 F 4 40 ♦ A / Vii; 'N"(6,�7'�,��vk*�r r t e r�.i 7 ..'f� � i�`f',t• x"�fr �� ,r.'(-,