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HomeMy WebLinkAboutContract 25216 CONTR :r52 16 Na ' Name For I V(lam M&tw-,2 a Date Approved By Council r, Filed day of ,9 9 Ciry ecretaryry 2 SO CITY SECR CON RACT�NO Y ELECTRIC STREET LIGHT AGREEMENT BETWEEN TRI-COUNTY ELECTRIC COOPERATIVE, INC. AND THE CITY OF FORT WORTH, TEXAS This agreement("Agreement")is made effective this A day of 1999(the "effective date")by and between Tri-County Electric Cooperative, Inc.,its subsidiaries,affiliate companies, successors and assigns(hereinafter called"TCEC"),a Texas corporation,;with its principal place of business at 600 N.W. Parkway,Azle,Texas and the City of Fort Worth (hereinafter called"TCFW"),with its principal place of business at 1000 Throckmorton,Fort Worth,Texas 76102. WHEREAS,TCEC and TCFW are parties to discussions that resulted in agreements in principal concerning street light facilities being connected to TCEC's electrical distribution system and for the installation and maintenance of street lights installed by TCEC within the City of Vt.Worth, and WHEREAS,discussions contemplated that both parties shall enter into a definitive Agreement that allows TCFW the right and privilege to connect its own street lighting conductors to TCEC's electric system and allows TCEC the right and privilege to install and maintain its own street lights within the City of Ft.Worth, and WHEREAS,TCEC and TCFW desire to enter into this Agreement in order to facilitate the lighting of TCFW's public streets and rights-of-way,and NOW, THEREFORE,in consideration of the mutual covenants,terms,and conditions herein contained,the parties hereto do hereby mutually covenant and agree as follows: I. RIGHTS GRANTED: A. TCEC hereby grants to TCFW the right and privilege to have access to TCEC's overhead secondary electric lines. Said secondary electric lines shall be defined as 600 volts or less. B. TCEC hereby grants to TCFW the right and privilege to have access to TCEC's underground secondary pedestals,hand holes,and pad mounted transformers. C. TCFW hereby grants to TCEC the right and privilege to install street lighting facilities within the City limits of Ft.Worth. D. TCEC hereby grants TCFW the right to approve or disapprove the type of lamp(high pressure sodium,mercury vapor, or metal halide),the wattage,the quantity and style of fixture(s)installed by TCEC. E. TCEC will obtain written approval from TCFW prior to the installation of any street fights by TCEC per the request of the City of Ft. Worth and/or per the request of a developer. TCEC shall not install street light(s)without TCFW written approval. Il. OPERATION PROCEDURE(S): A. TCFW will provide TCEC 48 hours advance notice of any TCFW conductors ready for initial connection. B. Initial connection to initially energize the TCFW street light conductor will be performed by TCEC. C. TCFW will provide TCEC reasonable advance notice should TCFW perform maintenance work on TCFW street light equipment or facilities. 1 of 7 MC(THECCEJEC, �I D. TCFW will request TCEC to assist in work that may require TCEC's exprtise, knowledge, or experience. E. TCFW will provide in writing to TCEC prior to TCFW's commencement of construction a list of the locations(s),number of light(s),wattage of lights(s),and type of lamp(s),along with a construction drawing showing the proposed connection points to TCEC's electric distribution system. F. TCEC will own and maintain all street lights installed by TCEC. G. TCFW will own and maintain all street lights installed by TCFW. III. ELECTRIC RATES AND TARIFFS: A. Cooperative Owned&Maintained Street Lights: TCEC will bill TCFW in accordance with TCEC's tariff 202.10-Goverm pental Street Lighting-Cooperative Owned and Maintained as filed under docket 18727, dated 4-6-98, at the Public Utility Commission of Texas attached hereto and made part hereof as Exhibit A. Under this Agreement, TCFW will be billed under column A of the rate table within tariff 202.10. Column A being amplified below. The electric rate billed to TCFW is applicable regardless of the type of pole(s)or arm($)to be used. TCEC will submit to TCFW engineering drawing(s)and/or specification sheet(s) indicating the location and type of street lighting pole(s), arm(s),fixture(s),wattage(s), and lamp(s)to be used for TCFW written approval. Should TCEC install 250 Watt High Pressure Sodium lamps, TCFW will be billed the rate that is shown under column A for 150 Watt lamps.Rate(s)under tariff 202.10 are subject to change at any time subject to PUC and/or TCEC Board of Directors approval. RATES: COLUMN A LAMP WATTAGE MONTHLY RATE 100 WATT $ 5.85 150 WATT $ 7.05 250 WATT $ 7.05 400 WATT $11.65 B. City of Forth Worth Owned and Maintained Street Lights: TCFW will be billed in accordance with TCEC's tariff 202.11 -Governmental Street Lighting-Customer Owned and Maintained as filed under docket 18727,dated 4-6- 98, at the Public Utility Commission of Texas attached hereto and made palrt hereof as Exhibit B. Rate is subject to change at any time subject to PUC and/or TC�C Board of Director approval. IV. INDEMNIFICATION: A. In so far as permitted by law TCFW hereby agrees to indemnify, and hold jharmless TCEC from any and all claims, actions, or causes of action to the extent any claimed loss or damage arises out of TCFW's negligence,negligent performance, or nonperformance of work,whether any such claims,actions, or causes of action are alleged to be the results of any act or omission of TCEC,its agent(s), servant(s), or employee(s),regardless of the fact that the work may have been completed and/or accepted by TCEC and regardless of the fact TCEC may have assisted with the work. TCFW shall furnish to TCEC upon request all information available to TCEC for defense against any claim,action,or cause of action alleged by TCFW. B. Nothing contained herein shall require TCFW to assess,levy, or collect a tax to fund this indemnification provision. V. FORCE MAJEURE: Neither TCEC or TCFW shall be liable for situations due to force majeure. "Force majeure" shall mean caused beyond the reasonable control of the party claiming force 2 of 7 majeure,including,but not limited to, any failure of facilities or ability to supply service caused by fires,floods, lightning, storms,unusually severe weather conditions or other acts of God,acts of any government or governmental authority,acts of a public enemy, acts of other parties,including vendors or contractors and their respective employees or agents, strikes, embargoes,or any other condition beyond the control of either TCEC or TCFW. In the event of any such contingency,the parties shall be given a reasonable period of time in which to complete the performance of their obligations. VI. INSPECTION OF WORK: TCEC may maintain inspectors at the job site, and to further assure compliance with the plans and specifications and maintain quality of construction,may, after reasonable notice to TCFW,perform from time to time operational tests on the work or a portion of portions thereof selected by TCEC. Such inspectors or other employees or agents of TCEC shall have authority to direct or advise TCFW or its employees and agents concerning the method or manner by which the work is to be performed. TCEC has sole authority,responsibility, and control over the method and manner in which the work is to be performed. VII. DEFECTS IN WORK: TCFW shall correct at its expense all defects and deficiencies in the work which result from labor or material furnished by TCFW,workmanship,or failure to follow the plans, drawings, standards, or other specifications made a part of this Agreement, Acceptance of the work by TCEC shall not constitute a waiver of any such defects or deficiencies. TCEC shall notify TCFW in writing of any defects and deficiencies and if TCFW has failed to remedy or make arrangements satisfactory to TCEC to remedy such defects and deficiencies within twenty(20)days after receipt,TCEC may remedy such defects and deficiencies and TCFW shall pay TCEC the total cost of making Such corrections. V11I. DUTY OF SAFE PERFORMANCE: TCFW shall at all times take all reasonable precautions to protect all persons and property,including property of TCEC from injury arising out of the performance of the work. TCFW shall make such inspections, safety checks,and tests, and shall provide such equipment,personnel,and supervision as is necessary to insure the safe performance of the work. IX. SERVICE PIPES AND UNDERGROUND STRUCTURES: TCFW at TCFW's expense shall locate or request location of any pipes,conduits or other underground structures or conductors which are in the way of the construction,whether or not any work plans omit to show or purport to show their locations. All such'property damaged in the course of the work shall be repaired by TCFW in a manner satisfactory to TCEC. X. NOTIFICATION OF INJURY OR DAMAGE: TCFW shall promptly notify TCEC of any injury, death, loss, or damage to persons, animals, or property which is in any way related to the work performed under this Agreement, even though such occurrence was not caused or contributed to by TCEC or the contractor's employees and agents. XI. DAMAGE OF TCEC's FACILITIES: Should TCFW damage or cause to be damaged any TCEC facilities during the course of TCFW's work,TCFW shall be responsible for and hereby agrees to compensate TCEC for the reasonable cost(s)associated with TCEC making repairs. 3 of 7 XII. LAWS AND REGULATIONS: TCFW shall comply with all Federal, State,and Municipal Laws, Ordinances, Regulations,National Electrical Code,National Electric Safety Code, and any TCEC requirement. XIII. STANDARDS OF WORK: A. TCFW shall furnish and be responsible for all supervision,labor,tools, equipment, power, transportation,material, and supplies required to perform the work, except those items which will be furnished by TCEC. B. TCFW shall submit to TCEC documentation showing the specifications of its material(s)which will be connected to TCEC's electric system. TCEC reserves the right to change or revise or upgrade any material it finds to be substandard. C. All TCFW street light conductors connected to TCEC's system shall be fused. Ampere rating and fuse curve characteristics shall be approved by TCEC. XIV. TERMS: A. The term of this Agreement shall be for ten(10)years from the Effective Date. B. After expiration of the initial(10)year,this Agreement shall automatically renew each year thereafter for an additional one(1)year term,unless either party provides the other written notice not to renew the Agreement at least ninety(90)days prior to the end of the initial term or one-hundred twenty(120)days prior to the end of a renewed term. XV. WARRANTY AND LIMITATION: Except as expressly provided herein,TCEC makes no warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose with respect to any TCEC facilities. In no event shall TCEC be liable to TCFW or its agents or any third party for any indirect, special, or consequential changes, including without limitation,those in loss of revenue,profits,or business opportunity. XVI. MAINTENANCE AND REPAIR: A. TCFW shall be responsible for all maintenance and repair of the TCFW material. TCFW may request repair work to be performed by TCEC at TCFW's expense. B. TCEC shall be responsible for all maintenance and repair of TCEC's lights and material. XVII. OWNERSHIP: A. The TCFW street lighting facilities shall at all times remain the property of TCFW. TCEC shall not represent to any third party that any party other than TCFW is the owner of the street lights and appurtenances. B. The TCEC electric system shall at all times remain the property of TCEC. TCFW shall not represent to any third party that any party other than TCEC is the owner of the TCEC electric system. XVIII. DEFAULT: Neither party shall be in default under this Agreement or in breach of any provisions thereof unless and until such party has been given written notice of such default by the other party and shall have failed to cure such default within sixty(60)days aftbr receipt of such notice. Any default shall be cured within thirty(30)days after receipt of notice. 4 of 7 i I Where a default other than for payment can not reasonably be cured within thirty(30) days,if the defaulting party shall proceed promptly to cure the same and prosecute such curing with due diligence,the time for curing such default shall be extended fbr such period of time as may be reasonably necessary to complete such cure. Upon the failure to cure any such default within the above periods,the party giving notice of the default may thereupon terminate this Agreement. Upon default by either party,the non-defaulting party shall have the right to pursue any or all remedies available at law and/orjequity. Should TCFW fail to pay for electric service, TCEC has the right to disconne t electric service to TCFW's street lights as outlined in the substantive rules of the Public Utility Commission of Texas. XIX. TERMINATION: A. In the event that TCFW(I)is more than thirty(30)days past due in paying any TCEC invoice pursuant to its terms or(ii)files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation,reorganization or other relied'(such as the appointment of a trustee,receiver,liquidator,custodian or such other official) under any bankruptcy,insolvency or other similar law,than TCEC shall have the right to terminate this Agreement upon thirty(30)days written notice to TCFW. B. Upon the expiration or termination of this Agreement,TCFW shall, at its sale cost and expense,remove the TCFW Equipment, and any other personal property, from the TCEC's Premises. TCFW shall repair any and all damage to the TCEC(Premises caused by the removal of the TCFW Equipment. Any of TCFW Equipments not removed within sixty(60)days after the expiration or termination of this Agreement shall be deemed the property of TCEC. TCEC may, after such sixty(60)day period after the expiration or termination of this Agreement,remove the Equipment and repair all damage caused by the removal,at TCFW's expense. XX. MISCELLANEOUS: A. Notices. All notices,requests,demands,applications, services of process,and other communications that are required to be or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if sent by telecopy or facsimile transmission, delivered by courier or mailed, certified first class mail, postage prepaid, return receipt requested,to the parties hereto at the following addresses: To TCFW: Director,Transportation and Public Works 1000 Throckmorton Ft.Worth,Texas 76102 Telephone: 871-7800 Fax: 871-7092 To TCEC: Tri-County Electric Cooperative, Inc. Attn: Scott D.BaumBach,District Manager 4740 Keller Hicks Rd. Keller, Texas 76248 or to such other address as any party shall have furnished to the other by notice given in accordance with this Section. Such notices shall be effective, (1)if delivered in person or by courier,upon actual receipt by the intended recipient, or(ii)if sent by telecopy or facsimile transmission,upon confirmation of receipt,or(iii)if mailed,upon the earlier of three days after deposit in the mail and the date of delivery as shown by the return receipt therefor. B. Assignment. Neither party shall assign or transfer its rights or obligations associated with this Agreement,in whole or in part,without the other pasty's prior written consent,which shall not be unreasonably withheld or delayed. 5 of 7 i I C. Waivers. No covenant,term,or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed. Any waiver of the breach of any covenant,term,or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance of any performance after the time the same shall have become due shall not constitute a waiver by the accepting party of the breach or default of any covenant,term,or condition,unless otherwise expressly agreed to by the accepting party. D. Attorney's Fees. In the event a suit is brought or an attorney is retained by any party to the Agreement to enforce the terms of this Agreement or to collect any money as due herein or to collect any money damages for breach hereof,the prevailing party shall be entitled to recover, in addition to any other remedy,reasonable attorneys fees, court costs, cost of investigation and other related expenses incurred in connection therewith. E. Headings and Attachments. The section and other headings contained in this Agreement are for reference purposes only and will not affect the meaning or interpretation of the Agreement. Reference to Exhibits shall refer to the Exhibits attached to this Agreement,which shall be incorporated in and constitute a pjart of the Agreement by such reference. F. Entire Agreement:Amendments. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof and supetsedes all prior representations,agreements and understandings,oral or written,with respect thereto. This Agreement may not be modified orally,but only by an agreement in writing signed by each party. G. Severability. Any term or provision of this Agreement that is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforce4bility without rendering invalid or unenforceable the remaining terms and provisions of this Agreement. H. Governing Law. The validity,performance,and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of law of such state. I. Counterpart s. This Agreement may be executed in any number of counterpart, each of which shall be considered an original,and all of which together shall be deemed to be one and the same instrument. XXI. EXECUTION: IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the date first above written: TRI-COUNTY ELECTRIC COOPERATIVE INC. THE CITY OF Fbir O TJI S 3 By: � —� ryyseJ•t By: Name: Sew �. r11»N Name: _! '`i k /1/Q'awl4 AfEO ASSISTANT CITY MANAGER Titles , Title: � ATTESTED BY APROIIED AS TO FORM IUD LEGALITY: C— 6of7 Assistant City Attornjey contra��t��A ut;horization _DS r�at� NOTARY ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority,on this day personally appeared n / �' ( 16 -'-j7& 1)g6L known to me to be the person(s)whose name(s)is(are)subscribed to the foregoing instrument,',and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1999. My Commission Expires No �- Notary Public State of Notary's Printed Name EC SARAH JANE ODLE NOTARY PUBLIC State of Texas <<� Comm.Exp.01-29-2002 7 of 7 E)GIMIT A(I OF 3) Section She at No. TRI-COUNTY ELECTRIC COOPERATIVE, INC. II Tariff 25 for Electric Service Revision age 2 SECTION TITLE: PUC STAMP PUBLIC yTi""'—jn COMMISSION Of TEXAS RATE SCHEDULES APPROVED APPLICABLE TO ALL AREAS APR 0 DOCKEf 7 7 CpNTR # A 202.10 Governmental Street Lighting - Cooperative Owned and Maintain d. A. Applicability. Service is available to all governmental entities for unmetered street lighting service for Cooperative owned and maintained lights to areas served by the Cooperative. I I B. Monthly Rate. Customer Charge: $8.00 Luminaire Charge, per table shown below: LAMP TYPE = POLE TYPE j Lamp Wauge I Lumens I kWh A B C D i mer—y vapor 175 7900 70 $6.75 1 $8.10 $1025 $1550 400 21000 150 311.60 1 $13.35 $16.10 339.60 High Pressure Sodium 100 9000 40 $6.85 3645 310.05 $10.80 150 16000 70 $7.05 $7.80 31025 $12.75 400 50000 160 $11.65 313.40 316.15 $39.65 T 1 C. Payment. Bills area-due when rendered and become past due if not paid within 16 days thereafter. However, if the due date fal s on a holiday or weekend, the due date for payment purposes shall be the next work day after the due date. Ii i� I i I�� EXHIBIT A(2 OF 3) Section Sheet No. TRI-COUNTY ELECTRIC COOPERATIVE, INC. II 26 Tariff for Electric Service Revision Page 2 SECTION TITLE: PUC RATE SCHEDULES STAMP JUW COMMISSION OF TEX11S . A"ROV:D APPLICABLE TO ALL AREAS n6'�WKET NCn v 7 TARIFF CLERK D. Pole Type Definitions A through D. 1 , A. Cooperative installed, owned, operated, and maintained street lights mounted on wood pole with a maximum arm extension from pole to fixture of 2 feet. B. Cooperative installed, owned, operated, and maintained street lights mounted on wood pole with an extension arm length greater than 2 feet. C. Cooperative installed, owned, operated and maintained street lights mounted on steel or ornamental pole of a type normally used by the Cooperative. D. Cooperative installed, owned, operated and maintained street lights mounted on steel or ornamental poly of a non-standard type. Cooperative has received from c�stomer or developer as aid for construction an amount equal to the difference in total installed cost of a standard lighting system mounted on poles available under definition C. E. Billing Adjustments. This rate is subject to all applicable billing adjustments. F. Conditions. The Cooperative will provide 125 feet of underground or overhead service for each light location and the member or developer will be required to pay for all costs necessitated by increased footage. The installation of underground service by the Cooperative does not provide for costs associated with special conditions like paved crossings, fencing, landscaping or the replacement of such. EXHIBIT A(3 OF 3) Section Sheet No. TAI-COUNTY ELECTRIC COOPERATIVE, INC. II �7 Tariff for Electric Service Revision Page 2 SECTION TITLE: PUC ----i STAMP PUBLIC(J11L11Y t0 NItNiSS30N 0"MI RATE SCHEDULES �Q� APPROVED APPLICABLE TO ALL AREAS Nq 86:DO�KET 7 0. The Cooperative reserves the right to discontinue service at ° locations where excessive maintenance and/or lamp replacement occur, or Cooperative may charge Customer for such maintenance or a lamp replacements. Maintenance of fixtures shall be performed upon request ',during normal business hours.. The Cooperative will maintain facilities incidental to providing this service, including replacement of burned-out lamps. For billing purposes, all connections and disconnections are assumed to have occurred at the beginning of the current month's billing period. The Cooperative will replace an existing light with any,of the lighting options listed in this tariff upon request and payment by the Customer of $25.00. 'This charge is applicable Ito all replacements whether or not an agreement for electric service is in force and is designed to recover the Cooperative's anticipated labor cost associated with the change-out. G. Agreement. A contract for electric service covering a specified period may be required for installation of a now lighting system. )cr^cwcn MAD 1 7 M2 E)MMIT B(I OF 2) Section Sheet No. TRI-COUNTY ELECTRIC COOPERATIVE, INC. II 28 Tariff for Electric Service Revision Page 2 SECTION TITLE: PUC STAMP FC; MMISSj0 Of TER RATE SCHEDULES OVED APPLICABLE TO ALL AREAS KET 202.11 Governmental Street Lighting - Customer Owned and Maintained. A. Applicability. Service is available to all governmental entities for customer owned and maintained unmetered street lighting service to areas served by the Cooperative. B. Monthly Rate. Customer Charge: $15.00 Energy Charge: $0.055 Per kWh C. Payment. Bills are due when rendered and become past due if not paid within 16 days thereafter. D. Conditions. All connections and disconnections are assumed to have occurred at the beginning of the current month's billing period. ' The monthly kWh per light is: Mercury Vapor: 175 Watt 70 kWh per month 400 Watt 150 kWh per month High Pressure Sodium: 100 watt 40 kWh per month 150 Watt 70 kWh per month 400 Watt 160 kWh per month N EXHIBIT B(2 OF 2) Section Sheet No. TRI—COUNTY ELECTRIC COOPERATIVE, INC. ZI 29 Tariff for Electric Service Revision Page 2 SECTION TITLE: STAMP plJB1IC UTILITY COMMISSIO Of T RATE SCHEDULES APPROVED APPLICABLE TO ALL AREAS APR 0 6 '98 DOCKET 7 CONTROL# TARIFF CLER For all other lamp sizes the monthly kWh shlall be determined by multiplying the connected load (including ballast) by 333 burning hours per month. E. Billing Adjustments. This rate is subject to all applicable billing adjustments. F. Agreement. A contract for electric service covering a specified period may be required. nI 1 ` City of Fort Worth, Texas "agor And council coms"u"ication DATE REFERENCE NUMBER LOG NAME PAGE 8/24/99 **C-17607 1 20TCEC 1 of 1 SUBJECT AGREEMENT WITH TRI-COUNTY ELECTRIC COOPERATIVE, INC. TO CONNECT CITY OF FORT WORTH STREET LIGHTS TO THE TRI-COUNTY ELECTRIC COOPERATIVE ELECTRICAL DISTRIBUTION SYSTEM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Tri- County Electric Cooperative, Inc. to provide electric service to street lights at various locations in north Fort Worth for a period of 10 years starting September, 199 and ending September� 20U9 with an option to renew for an additional year. DISCUSSION: Tri-County Electric Cooperative, Inc. (TCEC) is the electrical supplier for the far north areas of Fort Worth that have been recently annexed into the City. TCEC has submitted an agreement to provide the City with electrical distribution service for street lights. Under this agreement, TCEC agrees to furnish electrical distribution service for City street lights for a period of 10 years with an option to renew. After expiration of the initial 10-year period, the agreement will automatically renew each year thereafter for an additional 1-year term, unless either party provides written notice at least 90 days prior to the end of the initial term or 120 days prior to the end of a renewed term. The City has the option to install and maintain the street lighting and pay only for electrical service in accordance with TCEC's tariff 202.11—Governmental Street Lighting-Customer Owned and Maintained as filed under docket 18727, dated April 6, 1998 at the Public Utility Commission of Texas or request TCEC to install and maintain the street lighting in accordance with TCEC's tariff 202.108— Governmental Street Lighting-Cooperative Owned and Maintained as filed under docket 18727, dated April 6, 1998 at the Public Utility Commission of Texas. Rate is subject to change. This project is located in COUNCIL DISTRICTS 2, 4 and 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available of the General Fund. MGJ Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Hugo Malanga 7801 (from) n11G 24 1999 GG01 535020 0902501 Additional Information Contact: (�� j f„µ1.1k;of the Hugo Malanga 7801 City Fort WorlN T"as