The URL can be used to link to this page

Home My WebLink AboutContract 46080 Tariff for Retail Delivery Service CITY SECRETAW Oncor Electric Delivery Company LIOTRACT p0. L ' i 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1 of 3 Effective Date:January 1,2002 Revision: Original 6.3.4 Discretionary Service Agreement WR Number:3245499 CIAC Tracking: 33019 This Discretionary Service Agreement("Agreement")is made and entered into this�day of u. .2014,by Oncor Electric Delivery Company LLC, a Delaware limited liability company("Company"),and the City of Fort Worth("Customer"), a home-rule 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 for, the following discretionary services in accordance with this Agreement.The installation of 1 wood pole and 2 secondary subsurface boxes for the CAH Western Ave Water, Sewer, Drainage, and Pavement Improvements in the alley way behind 2208 Carleton Ave in Fort Worth, TX. Will be worked on company WR#3255499. The City of Fort Worth has agreed to contribute$3,495.44 towards the cost of this job. This work will entail installing one wood pole, two secondary subsurface boxes,and 1 span of OH secondary.The discretionary service is in accordance with the Tariff for Retail Delivery Service, Oncor Electric Delivery Company, Removal and Relocation of Company's Facilities: Distribution 6.1.2.2.8. 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. Customer agrees that the payment for the discretionary services provided for within this Agreement shall be made within 60 days from the receipt of the invoice. Company agrees to begin work on the provision of the requested project prior to receipt of payment. Estimated Total cost for request:$3,495.44 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 acceptance and signature and continues in effect until construction 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. 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 [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: OFFICIAL RECORD Oncor Electric Delivery Company CITY SEC Attn:Jarred Joseph SECRETARY P.O.Box 970 Fort Worth,TX 76101 RECEI VEp FT WORTH, TX Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 3 Effective Date:January 1,2002 Revision: Original (b) If to Customer: City of Fort Worth Attn: Michael Owen 1000 Throckmorton St,2nd 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. City of Fort Worth Attn: Michael Owen 1000 Throckmorton St,2nd Floor Fort Worth,TX 76102 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 stated herein, a late fee will be calculated and paid in accordance with the Texas Prompt Pay Act. 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 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) Company to bill Customer upon completion of the previously prescribed work and Customer to pay invoiced amount within 60 days. (ii)The Discretionary Service Charges provided in this agreement are for Company 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. Company can not complete the relocation/removal of facilities outline in this agreement until Joint Users(s)remove their facilities attached to Company poles. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date:January 1,2002 Revision:Original IN WITNESS WHEREOF, the Parties have c d this Agre nt to a sign by try respective duly authorized representatives,and EXECUTED on this the�.Ii d y of 20y+1 in Fort Worth, Tarrant County,Texas. 'T Oncor Electric livery Company LLC a Delawar it liability compan Franchi Utili By Nam .Jarred Joseph Engineer Associate P.O.Box 970 Fort Worth,TX 76101 City of Fort Worth, A home-rule municipal corporation APP 7LL RE OMMENDED/: APPROVED:W W 1 •c� �IL-•--'� Doug Wiersig,P.E. Fernando Costa Director,Department of Assistant City Manager Transportation&Public Works 7&0 AND LEGALITY: n wC_ OC Douglas W.Black City Attorney o A T �o0 8 O i� ° / o Mary J.Kayser 0 City Secretary ov° V oo °OOOOaov� M&C# S Date: 7Q?UI8ED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX