HomeMy WebLinkAboutContract 48297 Tariff for Retail Delivery Service CITYSECRUARY
Oncor Electric Delivery Company LLC
CONTRACT No. JY��
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:3267936
CIAC Tracking:36937
This Discretionary Service Agreement ("Agreement") is made and entered into this 7, day of AQC.0S�, 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. Project involves relocation of existing underground primary cable in duct bank
and manholes at the Alliance Airport in Fort Worth, Texas for runway extension. This job will be worked on Company WR# 3267936.
The City of Fort Worth has agreed to contribute$242,249.28 towards the cost of this job. This work will entail installing approximately
2800' of underground primary cable in customer installed duct bank and manholes. 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:$242,249.28
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 (�F I
Attn:Jarred Joseph ;{;'`y 3E REETAR"ir
Oil p��` P.O.Box 970 � 4
\R� Fort Worth,TX 76101
ACL }
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 can not 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 used this Agre an to be sign by their respective duly
authorized representatives,and EXECUTED on this the t day of 2016, in Fort Worth,
Tarrant County,Texas.
Oncor Electric Delivery Company LLC
a Delaware limited Liability Company
Franchise\n
Name:James Fangue,P.E.
Network Manager
P.O.Box 970
Fort Worth,TX 76101
City of Fort Worth,
A home-rule municipal corporation
APPROVe RECOMMENDED: APPROVED:
Fernando Costa
Director, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ATTEST: o00 ooj�
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Mary J.Kas f YY$ o
City Secreta T °qa oho
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M&C# G- Z79'7a rF A►
Date:
Fis.�• pies : Zone • lows
OFFICIAL REC®RD
CI�'y SECRETARY
FT.WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORTI ORT11
LITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 10/18/2016
DATE: 10/18/2016 REFERENCE NO.: **C-27970 LOG NAME: 55AFW_ONCOR
AGMT DUCT WORK
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 $242,249.28 for the Installation of Primary
Cable in Customer Installed Duct Bank and Manholes 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 $242,249.28 for the
installation of primary cable in customer installed duct bank and manholes at Fort Worth Alliance
Airport.
DISCUSSION:
A discretionary Service Agreement is necessary for the relocation of existing underground primary
cable in duct bank and manholes as part of the Runway Extension Project at Fort Worth Alliance
Airport. This work will include installing approximately 2,800 feet of primary cable in customer
installed duct bank and manholes.
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 and that prior to an expenditure being made, the Aviation
Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
http://apps.cfWnet.org/council_packet/mc review.asp?ID=22802&councildate=10/18/2016 10/19/2016
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Julie Hostak(5407)
ATTACHMENTS
Form 1295 Oncor.pdf
Oncor Map.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22802&councildate=10/18/2016 10/19/2016
CER N IFIC'ATE OF INTERESTED PARTIES
FORM 129rJ
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. 2016-90208
Oncor Electric Delivery Company 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 07/26/2016
being filed.
The City of Fort Worth Date Acknowledged:
10176 (-0 U
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 3267936
Discretionary Service Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Nye,Jr. , E. Allen Dallas,TX United States X
Greer,James Dallas,TX United States X
Davis, David Dallas,TX United States X
Shapard, 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 Parry. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
MELINDA G. CHRISTY
Notary Public,State of Tex as -�
i 4; My Commission Expires
OF�° October 07, 2016
Signature of authorized agent of contracting business entiai
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said ( 1 am tat- this the � day of
200,to certify which,witness my hand and seal of office. Ll
Signature of officer administering oath UPrinte name of officer administerrng oath Title of bfficer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277