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HomeMy WebLinkAboutContract 43958 (2)torn? sEcREyAmr 7\ci Tariff for Retail Delivery Service CONTRAn _... t• ncor electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 L34 iScreServce Agjreernent Page 1 of 3 010407 Revision: Original WR 3186771 This Discretionary Service Agreement ("Agreement") is made and entered into this day of 2012, by Oncor Electric Delivery Company LLC (` Oncor Electric Delivery" or "Company"), a Delaware limite liabi ity company, under the Delaware Limited Liability Company Act, and a distribution utility, and the City of Fort Worth ("Customer"), a municipality, 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: Per a request from the City of Fort Worth, Oncor Electric Delivery LLC (OED) will relocate and/or remove electric distribution facilities for the proposed construction of the Henderson Street Bypass at White Settlement Road in the Trinity River Vision Development. It is proposed to install 1 pole, 2 down guys; remove 4 poles, 2 transformers and 435 ft of 3- 336 ACSR 7.2/12.5 KV primary conductors. This project will be worked on Oncor Electric Delivery WR# 3186771. 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. The estimated cost provided for this agreement is good for 90 days. If this agreement has not been executed by both parties by January 24, 2013, Company reserves the right to void this Agreement and submit an updated Discretionary Service Agreement with recalculated cost for the Discretionary Services to be provided. 4.Term and Termination -- This Agreement becomes effective upon acceptance by both the Company and the Customer and continues in effect until all associated work by Oncor Electric Delivery LLC is complete and reimbursements are secured, with no allowances for betterment. 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. 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. 12-O6-12 P02:33 IN OFFICIAL RECORD CITY SECRETARY( (?'R WORTH, TX Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable Entire Certified Service Area Effective ..... to January 1, 2002 Page 2of3 010407 Revision: Original 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: Oncor Electric Delivery LLC Larry K. Baldwin 115 W. 7'" Street, Suite 625 Fort Worth, TX 76102 Office: 817-215-6184 (b) If to Customer: City of Fort Worth Mark Rauscher Planning & Development/Program Management Office 1000 Throckmorton Street, 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 Mark Rauscher Planning & Development/Program Management Office 1000 Throckmorton Street, 2nd Floor 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 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) Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the invoice is received, whichever is later. Project is deemed as complete for bilking purposes upon removal of Oncor's electric distribution facilities as indicated on exhibit plans Tess the removal of poles where foreign contacts encumber the removal of said poles. The estimated amount to be invoiced is $9,988.87 Customer has requested and will be billed for actual charges. A line item detail of actual charges will be provided upon presentation of a final invoice. Takiii for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 3of3 010407 Revision: Original (ii) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is n ot 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, o r Customer's agents or assignees, for any actual or consequential damages resulting from damage to such u ndisclosed or unknown facilities. (iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities rS 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. Oncor Electric Delivery can not complete the relocation/removal of facilities outline in this agreement until Joint Users(s) remove their facilities attached to Oncor Electric Delivery poles. (iv) Construction of this project will not begin until this signed document is returned to Oncor Electric Delivery Company LLC at the above referenced address. (v) The discretionary services performed hereunder by Oncor Electric Delivery are a portion of the relocation obligations as set forth in Paragraph 1 of the Memorandum of Understanding Trinity River Vision Project dated September 28, 2012 by and between the City of Forth Worth and Oncor Electric Delivery. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. ONCOR ELECTRIC DELIVERY COMPANY LLC By: Name: /1)jI! &IAJG*HJR5t Title: cbk, Qij5 r. OPS . Date: 11- di _ RECORD OFICIAL CITY SECRETARY ET. ar`ORTTI ii?, CITY T WOFTH By: Name: Title: Date: /4 ( /Z- Irlyn Fy Ye -CI SM1a-3TAnT c a-wtL. C-2&Soz se o "oa00000u..�i3s� r 1i• r.. . KayserCity NCR Electric f elivery LLC ONCOR WR No.: 3186771 Description: White Settlement and Commove() Intersection As of Date: 10/24/2012 Estimate VOID Date: 1/24/2013 Estimate Values are good for 90 days Exhilbit "A" o Scope of Work The City of Fort Worth has requested the relocation and/or removal of Oncor Electric Distribution facilities that are in conflict with a temporary bypass road necessary fro the construction of the Henderson and White Settlement bridges. Install 1 pole, 2 guys; Remove 4 poles, 2 transformers and 5 spans of overhead conductors. Electric )De1ivciy 1LC ONCOR WR No.: 3186771 Description: White Settlement and Commerce Intersection As of Date: 10/24/2012 Estimate VOID Date: 1/24/2013 hstimate Values are good for 90 days Wochibit ° 3" - Summary Estimate Labor 5,494.69 Materials 1,850.07 Vouchers 0.00 subtotal: 7,344.76 Indirect Construction Overhead 2,644.11 subtotal: 9,988.87 Salvage 0.00 Less Betterment 0.00 Estimated Cost 9,988.87 Electric Delivery LLC ONCOR WR No.: Description: As of Date: Estimate VOID Date: 3180771 White Settlement and Commerce Intersection 10/24/2012 1 /24/2013 Estimate Values are good for 90 days Work Unit MS716OR OH4110R OH40901 PS10401 OH4030R OH4330R OH40401 OH40701 OH40101 OH43801 OH4410R PS1000I OH4100R Exhibit IT Labor Estimate Description Wildlife Protection. Applies Only To Installation On Existing Equipment. Includes: Protector. Unit Of Measure = Each. Cutout. Fused Or Solid Blade. Includes: Mount Cutout On Bracket As Required, Drill Hole's) As Required, Hardware, Cutout, And/or Bracket, Fuse, Jumper's) And Connection's). Unit Of Measure = Each. Dead-end Conductor. Secondary Or Neutral, Any Size. Includes: Insulator And/or Dead-end, Hardware And Sag. Bundled Conductor Considered One Dead-end. Unit Of Measure = Each. Hand Dig Hole For Pole Through 60'. Includes: Locates, Setup/breakdown, Dig Hole, And Securing Site For Public Safety. Excludes Rock Digging. Unit Of Measure = Each. Crossarm, Wood/fiberglass, Up To 10', Single. Includes: Drilling Pole, Crossarm, Braces, And Mounting Hardware. Excludes Pins, Insulators, Deadends. Unit Of Measure = Each. Transformer, Single Phase, 50kva And Below, Or Individual Capacitor Unit On Pole Or Platform. Includes: Transformer Leads/jumpers As Required, Connections, Wildlife Protection And Verify Voltage. Excludes Brackets. Unit Of Measure = Each. Crossarm Wood/fiberglass, Up To 10', Double. Includes: Drilling Pole, Crossarm, Braces And Mounting Hardware. Excludes Pins, Insulators, Deadends. Unit Of Measure = Each. Dead-end Conductor, Primary, Through 4/0 Wire. Includes: Insulator And/or Dead-end, Hardware, And Sagging. Unit Of Measure = Per Conductor. Oh Set-up, New Construction, Large Projects (4 Work Points Worked Or More) Per Work Point Worked. Includes: Truck Set-up/breakdown, Tailboard, Personal Protective Equipment, Work Area Protection, Normal Traffic Control And Cleanup. Excludes Services For Service Department. Unit Of Measure = Each Work Point Worked. Down Guy Or Pole To Pole Guy, Any Size, All Lengths. Includes: Pole And Anchor Attachment Hardware, Guy, Ground/guy Insulator As Required, Guy Tension, And Guy Guard. Unit Of Measure = Each. Cut Pole Top, Includes: Cut Pole And Remove Ground Wire As Required. Unit Of Measure =limit Of One Per Work Point Pole, Wood, Through 45', Machine Dig With Auger. Includes: Haul Pole, Locates, Setup/teardown, Dig Hole, Grounding/guard As Required, Set Pole, Backfill, Tamp Or Foam As Required, Pole Plate, Fin, Driven Ground (removal Only), Cleanup And Haul -off Of Spoil. Unit Of Measure = Each. Insulator Or Messenger Clamp, All Voltages (excluding Dead-end Insulators), Primary Or Secondary. Includes Insulator, Pin/rack, Drilling If Required, Hardware, And Securing Conductor To Insulator. (this Unit Will Cover Installing Spreaders In Rts On A Pole Change Out) Unit Of Measure = Each. Fstiamted Estimated Quantity Cost Per Unit 4 2 2 1 5 2 2 6 4 4 4 1 $ $ $ Estimated Cost 10.20 $ 48.98 $ 53.70 $ 127.29 30.82 79.79 $ 83.44 30.42 $ $ 51.12 $ 54.39 $ 71.541 $ $ 359.48 $ 20 $ 21.81 $ 40.80 97.96 107.40 127.29 154.10 159.58 166.88 182.52 204.48 217.56 286.16 359.48 436.20 PS1090I Anchor, Expanding/plate. Machine Dig. Includes: Load Anchor/rod, Locates, Assemble Anchor, Setup/breakdown, Dig Hole, Install Anchor W/ Rod, Backfill, Tamp, And Cleanup. Unit Of Measure = Each. 3 $ 169.66 $ 508.98 Page Number 3 Work Unit OH4190R MS7000I PS1000R Description Bare Conductor, Any Size. Includes: Rollers, String, Rope, Conductor, And Cleanup. Unit Of Measure = Per Foot, Per Conductor. Cover-up. Includes: Placement And Removal Of All Rubber Blanket(s) And/or All Rubber Hoses Required Per Work Point. Unit Of Measure = Each Work Point. Pole, Wood, Through 45', Machine Dig With Auger. Includes: Haul Pole, Locates, Setup/teardown, Dig Hole, Grounding/guard As Required, Set Pole, Backfill, Tamp Or Foam As Required, Pole Plate, Fln, Driven Ground (removal Only), Cleanup And Haul -off Of Spoil. Unit Of Measure = Each. Estiamted Estimated Estimated Cost Quantity Cost Per Unit 3958 $ 12 $ 0.17 $ 65.51 $ 4 $ 246.58 $ 672.86 786.12 986.32 $ 5,494.69 Page Number 4 Electric Delivery LLG ONCOR WR No.: Description: As of Date: Estimate VOID Date: 3186771 White Settlement and Commerce Intersection 10/24/2012 1/24/2013 Estimate Values are good for 90 days Estimated Quanitv 1 1 3 6 1 3 3 4 1 i i Estimate Unit EA EA EA EA KT EA EA EA EA i i i CU ID NWP.CONTR GS516 GS716 PDES556 BF AE300 AE300 CDHH PW0453 i i i "B"® Materials Estimate TSN 314428 302995 302993 304166 314040 313508 310003 310213 301534 Description PLATE, AL, 6 X 5 X 0.018", FLN, W/4 INSULATOR, GUY STRAIN, 36", FIBERGLASS INSULATOR, GUY STRAIN, FIBERGLASS ROD, CLAMP, STRAIN, DEADEND, STRAIGHT, IFOAM, POLE BACKFILL, POLYURETHANE, IROD, ANCHOR, TRIPLEYE, 1" X 10', THD, PLATE, ANCHOR, EXPANDING, 12" HOLE, ICROSSARM, 8' X 4-3/4 X 5-3/4", DIST, IPOLE, WOOD, DIST, 45', CL 3, TUE SPEC Estimated Cost Per Unit 2.24 $ 19.71 $ 27.41 $ 22.98 $ 161.97 $ 55.77 I $ 64.38 I $ 70.56 I $ 803.35 I $ $ Estimated Cost 2.24 19.71 82 23 137.88 161.97 167.31 193.14 282.24 803.35 1,850.07 Page Number 5 ONC:pR 1ectHc Delivery LLC ONCOR UUCP Non: 3186771 Description: White Settlement and Commerce Intersection As of Date: 10/24/2012 Estimate VOID Date: 1/24/2013 Estimate Values are good for 90 days Description None II 117))11 Vouchers Estimate Estimated Quantity Unit Estimated Estimated Cost Per Unit Cost mal Page Number 6 c6ROR Electric Delivery LLC ONCOR UUR No.: 3186771 Description: White Settlement and Commerce Intersection As of Date: 10/24/2012 Estimate VOID Date: 1/24/2013 Estimate Values are good for 90 days x Exhibit "C" Betterrnent Betterment Calculation and Estimates Forced betterments, also known as non -elective betterments, are those necessitated by transportation project construction. This type is usually a REIMBURSABLE cost item. These items must be properly documented by the utility and include: (1) non -stocked items that are uneconomical to purchase; (2) items to comply with governmental laws and ordinances; (3) appropriate regulatory commission codes; (4) published, current design Forced practices regularly followed by the utility in its own work; (5) installment of Betterments replacements of equivalent standard, although not identical; (6) betterments for which there are direct benefits to, and/or are required for, the transportation project. 1 Cost participation is based on the cost of providing the most economical replacement facility or restoration of functionally equivalent service to the facility being replaced. Elective Betterments No Betterments The costs of elective betterment items are ineligible for DART participation. Such elective betterments should be depicted on the plan as part of the work proposed. There is no betterment involved in this utility adjustment. Electric Delivery L 7 C ONCOR i WR No.: 3186771 Description: White Settlement and Commerce Intersection As of Date: 10/24/2012 Estimate VOID Date: 1/24/2013 Estimate Values are good for 90 days Exhibit "D" = Map r Construction Sketch ELECTRIC CONSTRUCTION PRINT WR NAME FWS FTW TRy RELOCATION FOR BYPASS AT WHITE SETTLEMENT LKB CUSTOMER TRY ADDRESS WHITE SETTLEMENT LOCATION WHITE SETTLEMENT AT COMMERCIAL STREET DESIGNER BALDWIN,LARRY K USERID PHONE (8171216-6184 PROJECT MANAGER PHONE NUMBER WR NO. 3186771 SHEET 1 OF 2 DATE 10-16-2012 SCALE 100 SERVICE CENTERFWE OFFICE 611 MAPSCO 62 Y 0 2012 fkcor Electric Delivery Saps. drawingstend eleotronto data tpraductslare created for the internal purposes of Cnoor Electric Delivery nth no implication of suitability cr fitness (or the intended use of the recipient. Onoor Eleotrio Delivery till oohs good faith efforts to provide products that ere fray fruo error, but does not torrent the accuracy or quality of such products. The locations shown are opproxuiattons and ere not intended to shoo exact loeetlons. Products provided to other parton by Onoor Elootrto Dolivery are for the internal use of the recipient, and the recipient agrees not to duplicate or distribute the products or ony portion of the predate to third parties gtthout the prior Britten permission of Omar Electric Delivery. Tho recipient further agrees to hold harmless and indemnify Onoor Electrio Delivery Gooiest ell atom, casts, expenses and damages resulting From or predicated upon strict liability For personal triples, death or property deooga.on account of any defects in the property provided hereunder. • vv • va• 20 ItDG DG 0I0. 1 DI" t7101 e aZ mi u R: FILE R : 336 raL Rr6Cu R: POLE 74658 / -35048 4) • I T6 56TTI.6M6NT f504 i pc` n e2 0 0 74�637 350 8 -35048 , 1V1O�3wH0C R:45'/3 VIP tal R: POLE 60 a4- 1.6 1:DG 1:DG It45'/3 WP /6 CVL'/FDS1 $kRfl i% 336 ALm 74660 -35047 11 0 4 - fr 0 0 4/0 1AL 0 6 R e MO At ' 3815006 74674 -3587843 -35047 79F, AAC CUBID/ FORT 111 n Afe 4t' 141 10 ItxiD'N voAt l/O AL i• fh eu • 10 cc N u a N BtA 0 v Neb NCQR ELECTRIC CONSTRUCTION PRINT WR NAME CUSTOMER ADDRESS LOCATION DESIGNER BALDWIN,LARRY K USERIO PHONE M171215-6184 FWS FTW TRV RELOCATION FOR BYPASS AT WHITE SETTLEMENT TRV WHITE SETTLEMENT WHITE SETTLEMENT AT COMMERCIAL STREET LKB PROJECT MANAGER PHONE NUMBER WR NO. 3186771 SHEET 2 OF 2 DATE 10-16-2012 SCALE 100 SERVICE CENTERFWE OFFICE 511 MAPSCO 62 Y ® 2012 Dncor Eleotrlc Delivery Maps, drawings end eleotronto dote tprodsots)ore created for the internal purposes of Cncor Electrtc Delivery with no upltootion of suttebtltty or fatness for the Intended use of the recpient. Onccr Electric Delivery wi l sake good faith of Forts to provide products that are free From error. but does not warrant the accuracy or quality of such products. The locations shown aro approximations and ere not intended to show exact locations. Praduots provided to other parties by lk,00r Electric Delivery ore roe the internal use of the reo,piont, and the reotpent agrees not to dupltoate or distribute the products or ony portion or the produote to thud porties without the prior written permission at Decor Electric Delivery. The recipient further agrees to hold harmlen and tndeantfy Decor Electric Delivery against all clans, costs, expenses and damages resulting from or predicated upon strict ttebtlttq for personal injuries, death or property damage, on account of any defeats in the property provided hereunder. AL CU 4I} I/U Al. ►75 T t 1 10 GI.05E SV4 { TGMES s0 P 74480 7$22 3504 N.O... 0 tQ ACSR 4 4/11 AL y 795 AAC , l a cr at 175 f' 336 A. Vie i er errii EMErlt a CURI!PPDIIT 211 tri Al IC ©-CD C 1 CO pgC u P. 6 AL r cu 795 AAC 4,10-AA^ to G 70 .y� 4 AcSR d eat 1 i E:1TRV.dgn 11/7/2012 8:18:16 AM Trinity River Vision Project Henderson & White Settlement Bridge Projects Oncor Distribution Relocation Key Map LEGEND: Working Project PPo,t®cgt Bn D©Mgim ---• •0•n.na. r u u 7 •rw• M&C Review COUNCIL ACTION: Approved on 3/20/2012 DATE: 3/20/2012 REFERENCE NO.: C-25502 CODE C SUBJECT: TYPE NON - CONSENT LOG NAME PUBLIC HEARING: Page 1 of 2 Official site of the City of Pert Worth, Texas FORT WORTH 06ONCOR TRV AGREEMENT NO Authorize Execution of Memorandum of Understanding and Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC Outlining Responsibilities and Processes for Utility Relocations Required by Tnnity River Vision -Central City Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of a Memorandum of Understanding and, if necessary, a Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC, outlining responsibilities and processes for utility relocations required by the Trinity River Vision - Central City project DISCUSSION: On June 3, 2003, (M&C G-13989) City Council adopted the Tnnity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries. The Tarrant Regional Water Distnct (TRWD), in cooperation with Streams and Valleys Inc., the United States Army Corps of Engineers and the City of Fort Worth led the effort to prepare the master plan. The Trinity River Vision -Central City project will alter the flow of the Trinity River at the confluence of the Clear and West Forks near Downtown with a primary purpose of reducing Central City flooding threats. The project will also better control the flow of the Trinity River so as to allow greater public access to the river, increased recreational opportunities, ecosystem enhancements, and an urban waterfront that will enable economic redevelopment efforts. The City Council, the Tarrant County Commissioners Court, the TRWD board and Streams and Valleys, Inc., have all endorsed the Tnnity River Vision -Central City project Over the past year, Oncor and the City have had multiple discussions with respect to who ultimately bears the financial responsibility for an estimated $3 million worth of Oncor utility relocations that are required as a result of the Tnnity River Vision -Central City project. The relocations involve facilities located in public rights -of -way and are necessary for construction of both the bypass channel and related street and bridge work Due to the need to consolidate Oncor facilities in a more efficient manner to enable new storm drainage systems and to open up additional acreage for redevelopment within Trinity Uptown, these discussions have culminated in an Agreement for Oncor to pay 100 percent of the cost to consolidate its facilities located south of Northeast Fourth Street between Main and Calhoun in return for the City and TRWD paying for the cost of utility relocations required by the project. Oncor's facility consolidation is being made possible via separate Agreements between Oncor and TRWD, which recently acquired additional property from the Tarrant County College District to facilitate Oncor s consolidation. This settlement has been reached with the primary purpose and intent of completing the project in a timely and successful manner without the need for either party to pursue legal action. Oncor is expected to invoice the City for utility relocations required for the project's road and bridge work, which is being directed by the City, as relocation work is completed. These invoices will be paid for with funds advanced by TRWD. TRWD will be reimbursed for these expenses under its Agreement with the board of directors of Tax Increment Reinvestment Zone Number Nine, City of http://apps.cfwnet.org/council_packet/mc review.asp?ID=16571 &councildate=3/20/2012 12/7/2012 M&C Review Page 2 of 2 Fort Worth, Texas (TRV TIF). As a result, this Agreement will have no financial impact on the City's general fund or capital improvement funds. This project is located in COUNCIL DISTRICT 2 and will benefit ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: Mark Rauscher (2446) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=16571&councildate=3/20/2012 12/7/2012