HomeMy WebLinkAboutContract 49622 CITY SECRETARY
CONTRACT NO.
CONSTRUCTION
REIMBURSEMENT AGREEMENT
CITY OF FORT WORTH, TEXAS— MONTGOMERY STREET PROJECT
THIS AGREEMENT is made and entered into by and between the CITY OF FORT
WORTH, a Texas home-rule municipal corporation ("City"), by and through its duly authorized
assistant city manager, as authorized by the City Council (M&C C-28055), and Marcus Cable
Associates, L.L.C. (Charter Communications) with a mailing address of Charter
Communications, Attn: Accounts Payable 12405 Powerscourt Drive St. Louis, MO 63131
("Company").
WITNESSETH:
WHEREAS, Company owns and operates aerial cable (the "Facility") within the
Montgomery Street corridor; and
WHEREAS, City is reconstructing Montgomery Street from IH-30 to Camp Bowie Blvd
and has requested that Company reroute underground and/or otherwise adjust a portion of the
Facility in order to accommodate the Montgomery Street Project (the"Relocation"); and
WHEREAS, City has agreed to reimburse Company for the costs and expenses for the
Engineering and/or Construction of the Relocation, up to an amount not to exceed $125,000;
and
WHEREAS, Company has agreed to provide the Relocation services subject to payment
for the relocation costs, in the amount of $97,012.97, as detailed on Exhibit "A", attached
hereto and made a part hereof; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Company as follows:
RECITALS:
The recitals, above, are incorporated into this Agreement insofar as they contain
material elements germane to the Parties.
REIMBURSEMENT BY CITY:
A. City agrees to reimburse Company $97,012.97, based on Exhibit A, for the
estimated cost of the Relocation under the current plan, as set forth on Exhibit B,
subject to the following:
Z 4 B 1. Should the verified actual cost be greater than the estimated cost, up to a
maximum $125,000, City shall remit the difference to Company within thirty
Q' ,1 (30) days of the presentation of a statement showing actual costs and
RECEIVED support materials.
i + 2. If the actual cost exceeds the estimated cost for the current plan reflected
'-' SEPI ' "" N in Exhibit A by more than the authorized maximum amount, City staff must
CITY OFFORTWORTI-1 obtain City Council approval for the increased payment amount. In addition,
O "TYSECRETARY 3 to the extent the actual cost exceeds the estimated cost by more than the
e� �a authorized maximum amount because of a revised plan by the City,
l99 b £ Z `
Reimbursement Agreement OFFICIAL RECORD
of Fort Worth&Charter CommunicationsMontgomery Street Project
Pagel of 5 CITY SECRETARY
FT.WORTH,TX
Company shall not be required to perform additional work not reflected in
Exhibit A, unless and until the City agrees to reimburse Company with regard
to Company's revised estimate of additional costs for the revised plan. City
staff shall seek said approval at the next available City Council meeting.
B. City reserves the right to review and verify any presented invoice or statement for
accuracy.
C. Company shall submit to City within 45 days of completion a final accounting for
all Relocation expenses incurred under this Agreement. Upon verification, City will
remit payment.
D. The obligation of the City to make a cost reimbursement payment under this
Agreement does not constitute a general obligation or indebtedness of City for which
the City is obligated to levy, pledge or collect any form of taxation.
INGRESS AND EGRESS: City hereby grants to Company the right of ingress and
egress across all lands owned, leased or controlled by City as may be reasonable and/or
necessary for Company to perform the Relocation.
HOLD HARMLESS AND INDEMNIFICATION: Company agrees to indemnify and
hold harmless the City, its officers, agents and employees, against and from all liability,
loss and expense caused by Company's negligence or willful misconduct and shall
defend City against all claims resulting from loss of life or damage or injury to persons or
property to the extent such loss, damage or injury, is caused by the negligence or willful
misconduct of Company or its agents. As a necessary condition for such indemnity to
be enforceable against Company:
(i) Company shall be notified in writing promptly of any and all claims,
liability, loss and expense for which City seeks indemnification from
Company, and
(ii) Company shall have sole control of the defense of any and all claims,
liability, loss and expense and all negotiations for their settlement or
compromise.
INSURANCE: Company shall maintain insurance in an amount and for coverages
typical of Company's industry. Company shall provide proof of insurance to City upon City's
request.
NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company,
and neither the City nor Company intends by any provision of this Agreement to create any
rights in any third-party beneficiaries or to confer any benefit or enforceable rights, under this
Agreement or otherwise, upon anyone other than the City and Company.
NO WAIVER OF IMMUNITY: Nothing in this Agreement shall be construed as a waiver
by City of its sovereign or governmental immunities.
VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the
State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident
to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement
between the parties hereto relating to the subject matter hereof, and no alterations of the terms
and conditions of this Agreement shall be valid unless in writing and signed by both of the
Reimbursement Agreement
City of Fort Worth&Charter CommunicationsMontgomery Street Project
Page 2 of 5
parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
ACCORDINGLY, this Agreement shall become effective as of the date subscribed by
the City's designated City Manager.
Marcus Cable Association, L.L.C.
By: Charter Communications Inc., its Manager CITY OF FORT WORTH
By: � VP By:
ame, Jesus J. Chapa
itle Assistant City Manager
Date: Date:
Recommended by:
'Douglass .Wiersig
Director, T/PW Department
Approved as to Form and Legality:
Douglas W. Black
Assistant City Attorney
M&C: C-- 29 Attest:
Date: l Z-.
a y rkayse'j I ••
l �r 6 City Secreta'
Form 1295# 16 3 Z _
Contract Compliance Manager: �'XA..
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.
Al"401?
Michael Weiss, P.E. OFFICIAL
Reimbursement Agreement C{TY %ECRETAR'Y
City of Fort Worth&Charter CommunicationsMontgomery Street Project FT.WORTH,TX
Page 3 of 5
Senior Professional Engineer
Reimbursement Agreement
City of Fort Worth&Charter CommunicationsMontgomery Street Project
Page 4 of 5
EXHIBITS
Reimbursement Agreement
City of Fort Worth&Charter CommunicationsMontgomery Street Project
Page 5 of 5
Charter Texas KMA Constnrction Dept. NOTES
charter EXHIBIT A
COMMUNICATIONS
This is a forced relocation of our aerial coax to underground due to City of Fort Worth requesting ire
Construction Cost Estimate go underground for the beautification or Montgomery St.
Name: COFW Montgomery St-Beautification Proj. City: Fort Worth Mapsco# 75H
Address: Montgomery St-130 to Camp Bowie State and Zip: Texas Node#FM077
Date: March 31,2017-Fri Contact: Charter Map##4851,#4751
INPUT DATA INTO RED NUMBERS ONLY
AERIAL COAX CONSTRUCTION LABOR
Feet Cost P/Foot Unit Cost Total Cost
A5o9A-A511 INSTALL SCREW ANCHOR AND DOWN GUY 10 $65.00
As1sA Wreck Out Aerial Cable 5280 $0.20 mma
AC01C POLE TRANSFER 15 $40.00 swoo
TOTAL AERIAL CONSTRUCTION LABOR $2,306.00
UG COAX CONSTRUCTION LABOR
DESIGN&WALK-OUT(PER FOOT) 5,280 $0.25
AS12 INSTALL RISER 10 $46.00 '
US13A DIRECTIONAL BORE 4" 1,000 $10.50
US04 PULL COAX IN CONDUIT 5280 $3.00
US16A INSTALL MANHOLE 0 $125.00
CS01A SPLICE COAX CABLE 5280 $0.45 BMW
US21C UNDERGROUND POWER SUPPLY includes Electrical work 2 $1,200.00
US17A REMOVE AND REPLACE ASPHALT 0 $15.00 MW
US16A REMOVE AND REPLACE CONCRETE 0 $30.00
TOTAL UG CONSTRUCTION LABOR 5,280 531,576.00
PERMITS
PERMIT/ENGINEERING COST(KINETICS) 1 $300.00
MC08A CITY/STATE PERMITS 1 $100.00
1 CONSTRUCTION PERMITTING 1 $100.00
TOTAL PERMIT COST $00.00
AERIAL FIBER CONSTRUCTION
ACO2B INSTALL NEW ENCLOSURE 8 $180.00
FSo1C FIBER SPLICING SETUP FEE 1 $195.00
FSOB FIBER ENCLOSURE RE-ENTRY FEE 3 $200.00 man
FIBER SPLICING 300 $30.00
POWER SUPPLY INCLUDES ELECTRICAL WORK 2 $1,100.00
INSTALL HARD-LINE IN ATTICIUNDER BLDG OR EAVE OF BLDG 0 $7.00
TOTAL AERIAL FIBER CONSTRUCTION LABOR 0 $13,435.00
UG FIBER CONSTRUCTION
DESIGN 8 WALK-OUT(PER FOOT) 1500 $0.25 .3:$. 1
US13A DIRECTIONAL BORE(EARTH) 1500 $8.75
TOTAL LABOR 1500 513,125.00
LABOR COST MATERIAL COST FOOTAGE TOTAL COST
a
COAX AERIAL $2,306.00 9093 t16 t10
COAX UG P1,676.00 $0,tl Asa
TOTAL CONSTRUCTION LABOR
TOTAL DESIGN ,
TOTAL PERMIT 5
GRAND TOTAL
LABOR
TOTAL
Invoice Request Form
COM Mongomery Street Beautification
Aerial coax and fiber to underground
Date Submitted: March 31, 2017
Department: Construction
Requester Richie Bonner
Coordinator Richie Bonner
Dollar Amount Requested $97,012.97
Description
This is a forced relocation of our aerial coax to underground due to City of Fort Worth requesting we go
underground for the beautification of Montgomery St.
CPR Number, if Available
Continuation?
NO
Pre Paid? OR Reimbursement?
Yes
Project ID#
CWS#170811
Contract#
Labor Dollar Amount$
Is 62,637.00
Materials Dollar Amount$
Is 34,375.97
Related Documentation Location
2017 Maintenance/ Forced Relocates
Invoice Address
200 Texas Street Fort Worth,Texas 76102
Attention To:
Michael Weiss Michael.Weiss@fortworthtexas.�ov (817) 392-8485 Office phone
Comments
i
END
] PLACE CATV PED/VAULT
-PL CAN CONDUIT PER NOTED SIZES
—NUMBER OF CATV CONDUIT I
—SIZE OF CAN CONDUIT ��"
—LENGTH OF CATV CONDUIT 7C
1 INSTALL CAN POLE RISER
PLACE CAN GROUND ROD AS SHOWN.
NUMBER OF CATV SERVICE LATERAL
EMSTING CAN CONDUIT
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TRACKING NUMBER:
B TX-FW-65104-F-7806-2016
NOT BUILT 4110/2017
CONDUIT LAYOUT REV. 1
Db Address: System Map:
MONTGOMERY ST & HARLEY AVE
FORT WORTH, TX, 76107 4751
Srn 4/10/2017 Designed by: OP Survey By:MAP Drawn By: OSP
Rev: — Approved By: Scale: NTS
MONTGOMERY ST. BEAUTIFICATION PROJECT
CATV CONDUIT LAYOUT REV. 1 TIE TO XX 00
ystem: City:
FORT WORTH Thomas Guide:
_ FORT WORTH _
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it there are no Interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-144837
Spectrum Enterprise
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/09/2016
being filed.
City Of Forth Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract
City Project 02432
Relocation of Utilities
4 Nature of interest
Name of interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
b AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct
FXpIRESMy r -
ryAupd 4,2flt3
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP i SEAL ABOVE
Sworn to"and subscribed before me,by the said �11Y �L, � ,this the day of 1�1
20--U---,Y to certify which,witness my hand and seal of office.
S' ature of officer administering oaffi Printe ame of officer administering oath Title of officer hdministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
M&C Review Pagel of 2
offklal site of the Gty of Fort Wath,Texas
CITY COUNCIL AGENDA FORTTMbRTH
COUNCIL ACTION: Approved on 12/13/2016
DATE: 12/13/2016 REFERENCE C-28055 LOG NAME: 20MONTGOMERY UTILITY
NO.: RELOCATIONS
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize the Execution of Discretionary Service Agreements in the Collective Amount of
$1,311,000.00 with Three Franchise Utility Companies as Fallows: Oncor Electric Delivery
Company, LLC in the Amount not to exceed $1,066,000.00,AT&T Inc. in the Amount Not
to Exceed$120,000.00 and Charter Communications, LLC in the Amount Not to Exceed
$125,000.00 for the Relocation of Overhead Utilities and Installation of Underground
Utilities Along Montgomery Street from Camp Bowie Boulevard to IH-30 (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Discretionary Service Agreements for
the relocation of overhead utilities and the installation of underground utilities along Montgomery Street
from Camp Bowie Boulevard to IH-30 with:
1. Oncor Electric Delivery Company, LLC in the amount not to exceed $1,066,000.00;
2. AT&T Inc. in the amount not to exceed $120,000.00; and
3. Charter Communications, LLC in the amount not to exceed $125,000.00.
DISCUSSION:
The 2014 Bond Program includes funding for the reconstruction of Montgomery Street between Camp
Bowie Boulevard and IH-30. This project includes reconstructing the existing roadway,turn lanes, storm
drainage improvements, installation of shared use paths, sidewalks, streetlights,traffic signals, landscaping
and irrigation.
Oncor Electric Delivery Company, LLC (Oncor)will relocate approximately 5,000 linear feet of overhead
electric lines on the west side of Montgomery Street and install approximately 2,000 linear feet of
underground electric line from north of Harley Avenue to south of Linden Avenue on the east side of
Montgomery Street with underground switchgear to serve Montgomery Street improvements as well as the
new arena. The remaining 3,000 linear feet of overhead electric lines on the east side of Montgomery
Street will be relocated behind the proposed ten foot wide shared use path with 65-foot tall poles to provide
adequate clearance for the existing and proposed trees. Oncor will also extend underground electric
service along Harley Avenue from Montgomery Street to Gendy Street.
Both AT&T Inc. (AT&T)and Charter Communications, LLC (Charter)will relocate approximately 3,500
linear feet of overhead lines into underground conduit on the west side of Montgomery Street from north of
Lansford Lane to Trail Drive. The remaining 1,500 linear feet of overhead lines will be relocated with
Oncor's power poles. The City's Construction Manager at Risk for the Montgomery Street Project, Haydon
Building Corp,will install the underground conduit and junction boxes as part of their construction services.
The total cost for these Discretionary Service Agreements is$1,311,000.00. City staff considers these
costs to be fair and reasonable for the proposed scope of services.
The Montgomery Street Project has components of the overall project that include project management,
http://apps.cfwnet.org/council_packet/mc review.asp?ID--24047&councildate=12/13/2016 4/6/2017
M&C Review Page 2 of 2
design, Construction Manager at Risk, easements and right-of-way acquisition, construction, administration,
material testing, inspection and contingencies. The City's Montgomery Street Project budget is
$13,950,000.00 and$450,000.00 for the design of the Eastern Arlington Heights Drainage Improvements.
Construction of Montgomery Street is anticipated to begin in summer 2017. Funding for this project is being
provided from the 2014 Bond Program.
The Project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the 2014 Bond Program.
Additional Appropriations Proposed
Description Existing Appropriations per MBC Appropriations
2014 CIP(34014) $8,000,000.00 $0.00 $ 8,000,000.00
2008 CIP(39411) $3,405,620.00 $0.00 $ 3,405,620.00
2004 CIP(39410) $2,544,380.00 $0.00 $ 2,544,380.00
Stormwater Design
(52002) $ 200,000.00 $0.00 $ 200,000.00
Stormwater Design
(59651) $ 250,000.00 $0.00 $ 250,000.00
Stormwater Construction
(To Be Determined) $ 0.00 -
Total $14,400,000.00 $0.00 $14,400,000.00
TD
Fund I Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfieid 2)
FROM
Fund Department Account Project Program Activity Budget Reference## Amount
ID ID Year Chartfieid 2
Submitted for City Manager's Office by: Jay Chapa(5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Mike Weiss(8485)
ATTACHMENTS
Montgomery Street Form 1295-Signed 12.9.16 Oncor.g)
MONTGOMERY UTILITY RELOCATIONS MAP.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24047&councildate=12/13/2016 4/6/2017
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-141632
Oncor Electric Delivery Company LLC
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 11/30/2016
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
3296928
Montgomery Discretionary Service Agreement
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Davis,David Dallas,TX United States X
Greer,James Dallas,TX United States X
Nye,Jr. ,E.Allen Dallas,TX United States �X
5hapard, Robert Dallas,TX United States X
Texas Transmission Investment LLC Toronto Ontario Canada X
Oncor Electric Delivery Holdings Company LLC Dallas,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
,NNHIH
A 04 CANDY NOSEY
x :fi s vl�tory Public,State of Texas
My Commission Expires
January 20, 2011
t
'
Signature of a thorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said / f "�tt this the��day of
20 UP ,to certify which,witness my hand and seat of office.
(BGG i 1lel" 1�5eqr
Signature Of officer administ ng oath Printed na&of officer ack6inistering oath Title of officer adrfiinistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277