HomeMy WebLinkAboutContract 40649 (2)Tariff for Retail Delivery Service gSECRIETARY
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Oncor Electric Delivery Company TF2ACT NO, (.�.9
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.4 Discretionary Service Agreement WR# 3078181
Transaction ID: 22416
This Discretionary Service Agreement ("Agreement") is made and entered into this 14 day of June 2010 , by Oncor
Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility,
and 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.
Company will re -locate underground feeder in customer installed civil( provided by OncorED approved contractor). Customer agrees to provide
all necessary easements for equipment and cable path and pay cost for OncorED construction. Estimated cost for this work is $428,285018;
within 30 days after work is completed OncorED will invoice AS -BUILT cost of actual charges for construction to City of Fort Worth for
payment.
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 by Customer and continues in effect until
work is completed and payment is received 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
services) 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 N/A 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
C/O Tim Dolan
2501 Urban Drive
Fort Worth. TX 76106
;:
T. woRrH, Ix
A09:10 IN
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
o.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 2 of 2
(b) If to Customer:
City of Fort Worth
C/O Leon Wilson Jr
1000 Throckmorton Street
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
C/O Leon Wilson
1000 Throckmorton Street
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 or fees
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 has disclosed to Company all underground facilities owned by Customer or any other party that is not 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, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such
undisclosed or unknown facilities.
(ii) City of Fort Worth agrees that payment shall be made within 30 days of the date the project
is completed or the date the invoice is received, whichever is later.
(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 cannot complete the relocation/removal of facilities outlined in this agreement until Joint user(s) remove their facilities attached to Oncor
Electric Delivery Poles.
(iv)
PAYMENT TO BE SENT TO: Oncor Electric Delivery, C/O Vickie Coe 14400 Josey Lane, Farmers Branch, Texas 75234
(V) Electric Civil to be installed by approved Oncor Electric Delivery contractor. 1
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly
Oncor Electric Delivery Company LLC
Signature
Tim Dolan
Printed Name
New Construction Manager
Title
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City of Fort Worth aa4t�RT j'�I/��Qjj
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Printed Name eo 0o I�•
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Title �p�p.O
' 30110
Date
CITY SECRETARY
FT. WORTH, TX
M�!`� Review
Page 1 of 2
• . •
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COUNCIL ACTION: Approved on 7/13/2010 -Ord. No. 19209-07-2010
DATE: 7/13/2010 REFERENCE NO.: **C-24300 LOG NAME: 02ONCOR
AGREEMENT WRMC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture
and Tourism Fund in the Amount of $428,285.18 and Decreasing the Unaudited,
Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount
and Authorize Execution of a Discretionary Service Agreement at an Estimated Cost of
$428,285.18 with Oncor Electric Delivery Company, LLC, for the Relocation of
Underground Primary Electric Lines at the Will Rogers Memorial Center (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture
and Tourism Fund by $428,285.18 and decreasing the unaudited, unreserved, undesignated Culture
and Tourism Fund balance by the same amount;
2. Authorize the City Manager to execute a Discretionary Service Agreement with Oncor Electric
Delivery Company, LLC, in the amount of $428,285.18 for the relocation of underground primary
electric lines at the Will Rogers Memorial Center; and
3. Authorize the City Manager to convey a permanent easement to Oncor Electric Delivery Company,
LLC, for the installation and maintenance of a primary electric service at the Will Rogers Memorial
Center.
DISCUSSION:
On June 22, 2010, (M&C G-16967) the City Council authorized the sale of $34,685,000.00 in
certificates of obligations for the development, design, construction and equipping of amulti-purpose
facility located in the Will Rogers Memorial Center. Construction is expected to begin on the facility in
February of 2011. As part of that project, the relocation of underground primary electric service lines
is necessary to allow the project to begin on time. This work will be performed concurrently with the
Harley Phase I Improvements that were approved on June 22, 2010 (M&C C-24298).
In addition, staff is recommending the City Council grant a permanent easement to Oncor Electric
Delivery Company, LLC, along the route of the new primary service. A location map of the easement
area is attached for reference.
This project is located in COUNCIL DISTRICT 7, Mapsco 76E, and benefits the Will Rogers Memorial
Center which serves the entire City.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon
approval, the unreserved, undesignated fund balance of the Culture and Tourism Fund will exceed
the minimum reserve as outlined in the Financial Management Policy Statements.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13796&councildate=7/13/2010 7/30/2010
MRTC Review
Page 2 of 2
TO Fund/Account/Centers
GG04 539120 0246000 $428,285.18
Submitted for Citx Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
020NCOR AGREEMENT WRMC AO.doc
ELECTRIC__EASEME_NT_EXHIBIT,_�df
FROM Fund/Account/Centers
GG04 539120 0246000 $428.285.18
Fernando Costa (6122)
Randle Harwood (6101)
Bryan Beck (7909)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13796&councildate=7/13/2010
7/30/2010