HomeMy WebLinkAboutContract 29223 Tariff for Retail Delivery Service CVT'Y SECRETARY
Oncor Electric Delivery Company CONTRACT No.
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 10 of 23
Effective Date:January 1, 2002 Revision: Original
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 6th day of October, 2003, by Oncor
("Oncor Electric Delivery Company" or "Company"), a Texas corporation and distribution utility,and The City ov
Fort Worth ("Customer'), a municipal corporation, 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 $2,219.36, for the
following discretionary services in accordance with this Agreement: Rate DD9—facilities relocation/removal charge: remove 4 poles and
associated wire and relocate one service(install approx.230ft of secondary,20ft service,a 30ft service pole and down guy)for the plaza
on Evans Avenue beautification project.
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 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 execution and continues in effect until work is
completed.
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.
B. 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
[specify any prior agreements being superseded],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:
Lance Matthews
115W 7th
Ft.Worth,Tx.76102
' ,-HIM �tq
Tariff for Retail Delivery Service
Oncor Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 11 of 23
Effective Date:January 1, 2002 Revision: Original
(b) If to Customer:
The City of Fort Worth
Attn: Michael Weiss
1000 Throckmorton
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.
The City of Fort Worth
Attn: Michael Weiss
1000 Throckmorton
Fort Worth,Tx.76102
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
IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly
authorized representatives.
Oncor �+—} / M The Ci of F Wo
BY:(MM � I �l(BLit Pa'i.(�,l BY: C
Marc Ott
TITLE:PMDS Project Designer Senior TITLE: Assistant City Manager
DATE:October 6,2003 DATE: 16 —_,31—e-',3
L•',3
APPROVAL RECOMMENDED: A EST:
Roberf Goode, P.E. Gloria Pearson
Director City Secrebary
a
Transportation/Public Works Dept. f ��*� 1�
APPFJ ' AS TO F AND LEGALITY: �1�TYEIA� 1 'i
lr
Gary Steinbe er
Assistant City Attorney
NYCR
Make check payable to:
ONCOR Electric Delivery Company
Return to: Lance Matthews I N V O I C E
115 .W 7`h St., Fort Worth, Tx. 76102
Customer:
Name: City of Fort Worth Attn: Michael Weiss
Address: 1000 Throckmorton St WR#2015735-E
City: Fort Worth State: Tx. Zip: 76102
Phone: 817/871-8485 Date: 10/06/2003
Qty Description Unit Price Total
Rate DD9-relocation/removal charges to remove 4 poles and $2,219.36
associated wire; relocate one service (inst. Approx. 230' of
secondary, 20' service, down guy, and a 30' service pole) for
the plaza on Evans Avenue beautification project.
Total Due $2,219.36
Upon Receipt
b Remit payment to the above address with WR
#2015735 on your check.
b Please allow two weeks upon receipt of payment for
construction/removal to begin.
b If you have any questions about this invoice please
contact Lance Matthews at 817/215-6751.
r
6eNC0 R
Oncor Electric Delivery
Company
115 W. 7th Street
Date: 10/0.9/2003 Suite 211PO. Box 115
City Of Fort Worth Fort Worth,TX 76101
Attn: Michael Weiss
1000 Throckmorton
Fort Worth,Tx. 76102
Re: Relocation/removal of facilities on Evans Ave.
Dear Mr. Weiss:
Enclosed please find an executable copy of a Discretionary Service Agreement with Oncor Electric
Delivery Company and an invoice in the amount of$2,219.36 for the provision of relocationhemoval
charges to remove 4 poies and associated wire; relocate one service(inst. Approx. 230' of secondary, 20'
service, down guy, and a 30' service pole) for the plaza on Evans Avenue beautification project. Please
execute the agreement in the area designated as Accepted by Customer and return the agreement to this
office along with your remittance in the amount indicated above.
If you have any questions regarding this matter,please call. 817-215-6751.
Sincerely,
Enclosures