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HomeMy WebLinkAboutContract 43804 (2)CITY StCRETARY Tariff for Retail Delivery Sm°vsce CONTRACT NO. Oncor Electric Delivery LW 6.3 Agreements and Forms Applicable Entire Certified Service Area Effective Date: January 1, 2002 Scretomtry Sennce AjrsemM Page 1 of 3 010407 Revision: Original WR 3089652 This Discretionary Service Agreement ("Agreement") is made and entered into this J(� day of October, 2012, by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery" or "Company"), a Delaware limited liability 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 Bridge in the Trinity River Vision Development. It is proposed to install 930 ft of 3-795 AAC 7.2/12.5 KV primary conductors; remove 565 ft of 3-795 ACC 7.2/12.5 KV primary conductors, 1,890 ft of 3- 4/0 ACSR 7.2/12.5 KV primary conductors.360 ft of #2 ACSR 7.2/12.5 KV primary conductors and 4 idle transformers This project will be worked on Oncor Electric Delivery WR# 3089652. 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 i... accordance with ...Ii .-.t-.I.. PUCT Substantive .....i.... .. .... .. sel vice initiation 1 equests un el this Agreement in accoi dance with applicable r UC i Substal hive 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 October 30, 2012, 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. OFFICIAL RECORD CITY SECRETARY FT. WORYN, TX Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable Entire Certified Service Area ecti ve Date:January 1, 2002 Page 2 of 3 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. 7th 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 billing purposes upon removal of Oncor's electric distribution facilities as indicated on exhibit plans less the removal of poles where foreign contacts encumber the removal of said poles. The estimated amount to be invoiced is $131.459.51. 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. Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Page 3 of 3 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 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. 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 61-- , 2012 byand between the Cityof Forth Worth and Oncor Electric Delivery. rY IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. ONCOR LE RIC DELIVERY COMPANY LLC By: Name: Title: Date: ANA &ov&n4r Dre. &rej,,arA e oPs /0- Ilora-aZa CITY OF FO TH By: Name: Title: Date: 40.7At. 0 F,r ilia�do t sta_ AsMMMtant City Mancgew or rsin t 0 AS To a-- r) liaz AND LEGALITY: nat 0 Md` C "S A.1 T CIT&'ATTORNEY 444-th C ••• 2E502_ 2-2 0-/2, ad 13%%O t 011cem °�oa a4°° FICIAL RECORDhib 5 4-411�, inc CITY SECRETARY 4 ''7 wrorrma TX M&C Review COUNCIL ACTION: Approved on 3/20/2012 DATE' 3/20/2012 REFERENCE NO.: C-25502 CODE SUBJECT: C TYPE: NON - CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORT)! 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 Trinity 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 Trinity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries. The Tarrant Regional Water District (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 Trinity 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 Trinity 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.asp7ID=16571 &councildate=3/20/2012 10/26/2012 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 Manager's Office bv: Fernando Costa (6122) Originating 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 10/26/2012