HomeMy WebLinkAboutContract 47857 Tariff for Retail Delivery Service MYSECREIAIV �-
Oncor Electric Delivery Company LL&ONTRACT MO
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:3311519
CIAC Tracking: 36218
This Discretionary Service Agreement ("Agreement") is made and entered into this day of 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 facilities to serve the new FAA building at the Alliance
Airport in Fort Worth, Texas. This job will be worked on Company WR# 3311519. The City of Fort Worth has agreed to contribute
$57,381.93 toward the cost of this job. This work will entail installing 1 switchgear, 1 pad mount transformer, approximately 645' of 3
phase underground primary cable. 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:$57,381.93
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:
Oncor Electric Delivery Company OFFICIAL RECORD
Attn:Jarred Joseph
P.O.Box 970 CITY SECRETARY
Fort Worth,TX 76101
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—Aviation Department
Attn: Aya Ealy
3951 Lincoln Ave.
Fort Worth,TX 76106
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—Aviation Department
Attn:Aya Ealy
3951 Lincoln Ave.
Fort Worth,TX 76106
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 cannot 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, s d tAgreement to be sign by their respective duly
authorized representatives,and EXECUTED on this the _dayhis of ve- 2016, in Fort Worth,
Tarrant County,Texas.
Oncor Electric Delivery Company LLC
a Delaware limited Liability Company
Franchise Utility
By: � a
Name:James Fanque
Network Manager
P.O.Box 970
Fort Worth,TX 76101
City of Fort Worth,
A home-rule municipal corporation
APPROVAL COMMENDED: APPROVED:
Fernando Costa
Director, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
as ac Q:cLw.9 A •m e4,-GV r1
Assistant City Attorney
ATTE T:
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AL 09 .
ary J.Kays r $ �
City Secretary
M&C# C -27'7 35A s ° °ouoUOo°°
Date: 5 IZA lite
Fosw► IZ96: Zetlo - H5933
OFFICIAL RECOIL®
CITY SECRETARY
FT.WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCILAGENCIA FORT WORTH
COUNCIL ACTION: Approved on 5/24/2016
DATE: 5/24/2016 REFERENCE NO.: **C-27735 LOG NAME: 55AFW_ONCOR
AG MT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Discretionary Service Agreement with Oncor Electric Delivery
Company, LLC, in an Amount Not to Exceed $57,381.93 for the Installation of Electrical
Facilities to Serve the New Federal Aviation Administration Building at Fort Worth Alliance
Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Discretionary Service Agreement
with Oncor Electric Delivery Company, LLC, in an amount not to exceed $57,381.93 for the
installation of electrical facilities to serve the new Federal Aviation Administration building at Fort
Worth Alliance Airport.
DISCUSSION:
A discretionary service agreement is necessary for the installation of facilities to provide electricity to
the new Federal Aviation Administration building that is being relocated due to the Runway Extension
Project at Fort Worth Alliance Airport. This work will include installing one switchgear, one pad mount
transformer and approximately 645 feet of three phase underground primary cable.
The Runway Extension Project is scheduled for completion in early 2018 and has a total projected
cost of$265,265,127.85.
M/WBE OFFICE -A waiver for the goal for DBE/SBE subcontracting requirements was requested by
the Aviation Department and approved by the M/WBE Office because the purchase of goods and
services is from sources where subcontracting or supplier opportunities are negligible.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as
appropriated, of the Airport Grants Fund. This is a reimbursement grant.
TO
Fund Department I Account I Project Program Activity Budget 1 Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
55003 0550435 5330201 CG0960 C08070 $57,381.93
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22216&councildate=5/24/2016 5/26/2016
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originatinq Department Head: Bill Welstead (5402)
Additional Information Contact: Aya Ealy (5403)
ATTACHMENTS
ALLIANCE RW.pdf
Oncor Signed Form 1295.pdf
Oncor 55AFW ONCOR AGM.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22216&councildate=5/24/2016 5/26/2016
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
1 of 1
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. 2016-45933
Oncor Electric Delivery LLC
Dallas,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 04/27/2016
being filed.
City of Fort Worth Date Acknowledged:
g 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.
WR 3311519
Discretionary Service Agreement
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Oncor Electric Delivery Holdings Company LLC Dallas,TX United States X
Texas Transmission Investment LLC Toronto Ontario Canada X
Davis, David Dallas,TX United States X
Shapard, Robert Dallas,TX United States X
Nye,Jr., E.Allen Dallas,TX United States X
Greer,James 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.
a--, VA
` .
Signature of authorized agent of contractin ness entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn and subscribed before me,by the said Ja r I Pj I v t - �t/r u this the day of
20� to certify which,witness my hand and seal of office.
MELINDA G.CHRI5TY
Notary Public,State of Texas
'gym., rr My Commission Expires
V,�L& V` �t(I 1„F of�;;: October 07, 2016
"la :__k M,,�,,Jk �/IINII�
Signature of officer ads nistering oath 0Printed name of officer administering ath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
CERTIFICATE OF INTERESTED PARTIES
FORM 1195
10f1
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. 2016-45933
Oncor Electric Delivery LLC
Dallas,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 04/27/2016
being filed.
City of Fort Worth Date Acknowledg d:
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.
WR 3311519
Discretionary Service Agreement
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Oncor Electric Delivery Holdings Company LLC Dallas, TX United States X
Texas Transmission Investment LLC Toronto Ontario Canada X
Davis, David Dallas,TX United States X
Shapard, Robert Dallas, TX United States X
Nye, Jr., E. Allen Dallas,TX United States X
Greer,James 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.
Yv ` '
Signature of authorized agent of contractingMNness entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn and subscribed before me,by the said J rnir r"\ Y o ll"I u —,this the day of I"
20_ ,to certify which,witness my hand and seal of office.
"'Y►'" MELINDA G.CHRISTY
X'I My Commission Expires
Notary Public.State of Texas
.;
G cx/,/J ';" 0„„N. October 07, 2016
Signature of officer admYnisterling oath Printed name of officer administering Aath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021