HomeMy WebLinkAboutContract 436266.3 Agreements and Forms
Applicable Entire Certified Service Area
Effective Date: January 1, 2002
624 ItServiice Agreement
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LIS .a
CRETARV L
`9co IMPACT NO.
Page 1 of 3
Revision: Original
Wr number 3159051
Ciac tracking # 26727
This Discretionary Service Agreement ("Agreement") is made and entered into this 1st day of August, 2012, by Oncor
Llectric Delivery Company LLC, a Delaware limited liability company, and the City of Fort Worth
("Customer"), a 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 relocation of existing overhead electric line that is located in an Oncor
Easement located on Robertson Road in Fort Worth Texas, on ONCOR ELECTRIC DELIVERY COMPANY WR # 3159051. This work
will entail the relocation of 37 existing wood poles and approximately 3500 feet of overhead wire. The discretionary service is in
accordance with the Tariff for Retail Delivery Service, Oncor Electric Delivery Company, Removal and Relocation of Company's
Facilities: Distnbution 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. The City of Fort Worth agrees that the payment for the
discretionary services provided for within this Agreement shall be made within 90 days from the receipt of the invoice. Oncor Electric
Delivery Company agrees to begin work on the provision of the requested project prior to receipt of payment.
Estimated Total cost for request: $212,630.22
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 TXU ED 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. I OFFICIAL RECORD
Oncor Electric Delivery Company CliTY SECRETARY
Attn: Alton Gillit
P.O. Box 970 rt 'WORTH, T
Fort Worth, TX 76101
+�0_2 4-1 2 A 1 O: 0 '1 IN
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable' Entire Certified Service Area
Effective Date: January 1, 2002
(b) If to Customer:
City of Fort Worth
Attn: Jean-Marie Alexander, P.E.
1000 Throckmorton St, 2'd Floor
Fort Worth, TX 76102
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
Page 2 of 3
Revision: Original
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
Attn Jean-Marie Alexander, P.E.
4201 N Main St, Suite 200
Fort Worth, TX 76106
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) Oncor to bill the City upon completion of the previously prescribed work and the City to pay invoiced amount
within 90 days.
(u) 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
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
Page 3of3
Revision: Original
IN WITNESS WHEREOF, the Parties have caused this Agreement_ jto be sign by their respective duly
authorized representatives, and EXECUTED on this the , 2 U-4' ay of , 2C `, in Fort Worth,
Tarrant County, Texas.
Oncor Electnc Delivery, L.L.C.
Franchise Utility
By:
Name. James C. Chase
Major Design Manager
P.O. Box 970
Fort Worth, TX 76101
APPR• Y A RECOMMENDED:
Doug W. Wiersig, P E.
Director, Department of
Transportation & Public Works
APPR
A TO, FORM AND LEGALITY:
Douglas W. Black
Assistant City Attorney
Mary J. Kayser
City Secretary
M&C #
Date:
APPROVED:
Fernando Costa
Assistant City Manager
444-5-8-8
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/18/2012
DATE: Tuesday September 18, 2012
LOG NAME: 20ROBERTSON ONCOR
SUBJECT:
REFERENCE NO.: C-25858
Authorize Execution of a Service Agreement and Payment to Oncor Electric Delivery Company, LLC, in the
Amount of $212,630.22 for the Relocation of 37 Existing Wood Poles and Approximately 3500 Feet of
Overhead Wire That Are Located Along Robertson Road and Are in Conflict with the Construction of
Robertson Road (COUNCIL DISTRICT 7)
RECOMMENDATION.
It is recommended that the City Council authorize the execution of a Service Agreement and payment to
Oncor Electric Delivery Company, LLC, in the amount of $212 630.22 for the Relocation of 37 existing
wood poles and approximately 3500 feet of overhead wire that are located along Robertson Road.
DISCUSSION:
The reconstruction and widening of Robertson Road to a four -lane undivided roadway from Boat Club
Road to West of Lake Country Drive is in conflict with an Oncor electrical overhead line and it is
impractical to realign the roadway to avoid the conflict. Consequently, Oncor Electric must relocate 37
existing wood poles and approximately 3500 feet of overhead wire. This overhead wire relocation requires
a Service Agreement with Oncor and a payment in the amount of $212,630.22.
The 2008 Capital Improvement Program (CIP) provided funds for the design and construction of
Robertson Road from Boat Club Road to West of Lake Country Drive. The construction of Robertson
Road is anticipated to start in early 2013.
This project is located in COUNCIL DISTRICT 7, Mapsco 32W and 32X.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvements 2008 Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C204 541200 207230129971 $47.630.22
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 01299 FAR 9.pdf (CFW Internal)
2. 6227 20ROBERTSON ONCOR.Ddf (Public)
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Jean-Marie Alexander (7910)
Loaname. 20ROBERTSON ONCOR
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