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Home My WebLink AboutContract 44401 (2)c�r sEc�r�' � �� , Tariff for Retail Delivery Servi�� ° Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 010407 Revision: Original 6.3.4 Discretionary Service Agreement WR 3201372 �LO This Discretionary Service Agreement ("AgreemenP') Is made and entered into this �� day of �/ �'' �L, 2013, by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery" or "Company"), a Delaware limited liability company, under the Delaware Limited Liability Gompany Act, and a distribution utility, and the City of Fort Worth ("Customer"), each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of ihe 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: Per a request from the City of Fort WoRh, Oncor Electric Dellvery LL.0 (OED) will relocate electric distribution facilities for the proposed grade changes necessary fof the construction of the Henderson Street detour in the Trfn(ty River Vision Development. It is proposed to install a 50ft pole, 1 span of #2 A� krlplex secondary and transfer an existing service. This project will be worked on Oncor Electric Delivery WR# 3201372. 2. Nature of Servlce and Company's Retail Delivery Service Tariff -- Any discretlonary services covered by thls Agreement will be provided by Company, and accepted by Customer, In accordance with applicable Publfc Utllity 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 7ariff. 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 both the Company and the Customer and continues in effect until all associaied work by �ncor Electric Delivery LLC is complete and reimbursements are secured, with no allowances for betterment, 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 Authorlty -- This Agreement was executed in the State of Texas and must fn 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 Iocal laws, ordlnances, and rules and regulations of duly constftuted regulatory authorities having Jurlsdlclfon. 7. Amendment --This Agreement may be amended only upon mutual agreement of the Partles, which amendment will not be effective untll 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 thls Agreement, 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, includln9 all attached Exhiblts, 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. It is expressly acknowledged that the Parlies may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. �F�f�ifQL ��i�� 11'V SECftETAitV ; ;�'f ��'�� `� �--- - ,� RECEIVED �pR � 6 ��i,y Tariff far Retai! Deliv�ty Service Oncor Electric Delivery LL.0 6.3 Agreements and Forms Applicable: �ntire Gertified Service Area Effective Date: January 1, 2002 9. Notiaes -- Notices given under this Agreemenk are deemed to have been duly delivered if hand del(vered or sent by Uniked Skates certified mail, rekurn recefpt reqNested, posta�e prepaid, to: (a) If to Company: Qn�or Electrio p�livery LLG l,arry K. Baldwin 11 � W. 71° Street, Suite 625 Fort Worth, TX 7f102 OffiC�; 817-215-61$4 (b} If to Gustomer. City of Fort Worth Nlark Rauscher Planning & DevelopmentlProgram Management Office 1000 Throckmorton Street, 2nd Floor Fort Wotth, Texas 76102 The above-listed names, titles, and addresses of either Party may be ehanged by written notifica#ion to the other, 10, Invoicing and Payment — Invoices for any discretianary services cove�ed 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 whieh case Gpmpany is entitled to transmit elect�onic invoices ko Customer. City of Fort Worth Mark Rauscher Planning & Development/Ptogram Management Office 1400 Throckmorton Street, 2nd Floor Fort Worth, Texas 76102 If Company transmits electronic fnvoices to Custamer, Customer must make payment to Company by eleckronic funds transfer. Electronic (nvaicing and payment by electronic funds transf�r will be conducted in acGordanCe with Gompany's standard procedurss. Company must receive payment by the due date specitied on the invoice. if payment is not recsived by the Company by th� due date shown an the invoiGe, a late fee will be calculated and added ta the vnpaid balanee unkil the entire invofce is paid, The lake fee wlll ba 5°/a of the unpaid kalanc� per fnvoice periad, 11. No 4Naiver �- The failure of a Party to thfs Agreement ko insist, on aoy occasion, upon strict psrformance of anp provisian Qf this A�reement wMll nok be considered to waive the obl(gatlons, rights, or duties imposed upon #he Partiss. 12, Taxes �- Ail pr�ser�t or future federal, skate, muni�ip�l, or oth�r lawfui tax�s appllaabl� by r��s�n QP any ssrvioe perfarmed by Company, or any compensation paid ko Company, hereund�r must be paid by Customer, 13• Neadings -- The d�sGriptive headings of the various articles and sections of this Agreement hav� been inserfed for convenience of reference oniy and are to be afforded no signlfleance in the interpretatian or canstruetlon of this Agreement, 14. Multiple Counterparts -- This Agreement may be executed In �wo or more counk�rparts, each of which is deemed an o�iginai but all constitute one and the sams instrument. 15. Other Terms and Conditions � (i) Customer agrees that payment shall b� made within 60 da s of the date the project is c9mpleted or the date khe invoice is received, whichever is later. Projee� is deemed as complete for b111ing purposes upon removal of Oncor's electric distribution facilities as indicated on exhibik plans less the removal of poles where foCeign contacts encumber the removal of said poles, The estimated amount to be invoiced 'Is 5 373.78 . Gustomer has request�d and will be billed for actual charges. A line ikem detaii of actual char��s wlll be provided upo� presentation of final Mvoice. Page 2 of 3 0407 Revision; Original (ii) Customer has disclased ko Company all underground facilities owned by Cusromer ar any other pa�ty that is not a public utility ar govemmental entity, that are (ocated wfthin reai property owned by Customer, In the ev�nt thak Gustamer has failed to do so, or in the event of the existence of such facllities of which Custom�r has no knowledge, Company, its agents and contractors, shall have no liability, of any nature whaksoever, ko �u�tomer, Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 010407 Revision: Ofiginal or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (iii) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities onlv and do not include any charges related to the relocation of any facilities owned by a franchised utility, govemmental entity, of licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have lheir facilitles transferred or relocated. Oncor Electric Delivery can not complete the relocationlremoval of facilities outline in this agreement until Joint Users(s) remove their facilfties attached to Oncor Electric Delivery poles. (iv) The estimated cost provided for this agreement is good for 90 days. If this agreement has not been executed by both parties by Julv 22. 2013 or if Customer requesls Company's performance of Discretionary Services to begin after Julv 22, 2013, Company reserves the right to void this Agreement and submit an updated Discretionary Service Agreement with recalculated cost for Ihe Discretionary Services to be provided (v) Construction of this project will not begin until this signed document is returned to Oncor Electric Delivery Company LLC at the above referenced address. (vi) The discretionary services performed hereunder by Oncor Electric Delivery are a portion of the relocation obligations as set forth in Paragraph 1 of the Memorandum of Understanding Trinity River Vision Project dated September 28, 2012 by and between the City of Fort Worth and Oncor Electric De�ivery. IN WITNESS WHEREOF, the Partias have caused this Agreement to be sign by thelr respective duly authorized representatives. �ii ONCOR ELE�'TRIC DELIVERY COMPANY LLC �� By: Name: , �k �l�/N6/�(125i Title: �il f�11 �-'1�+�1.. �(•J �ld. 6�U5. l�PS , Date; TTNI�- P3 �1 � I�� DO��\ � 1�k o �' o"� � �o �C / T; � CITY OF FO p(p$TH By: Name: / L"�/%�/K/U (rL�.iLZ . Title: . ��T �� r Date: ? �J i � i i i � i� /1 . , i' � ! �. L,��/�vt� Ii__ til �'�/�� ''�; p�=��`:��j"�� ' A'i��Y U . GL��%� C- 2 5' S o 2. 3-2v-/Z. � � _ �i ,� -; ��, � 't � "� n . � M&C Review Page 1 of 2 C7fficial site of the City af Fprk 4Vaith, Texas �f��ti'��f��T1l _;.��_..,��a��u�w.�. �J� � .�� .��. ..�� .� �� ,.n��,.:�>�-� � ��,��mx�w_�,: � ._�_...u�� _,w�.>� ��;.� �.��:��r� ��_._.K �� COUNCIL ACTION: Approved on 3/20/2012 �-� �.� ;.�,�w,�.�.� � ��h_-�� _�_�.�.��.��.��...��ls��T��-.� _��,,..�_.��:�� .��-,��-�-�,�.,;�.��=�� DATE: CODE: 3/20/2012 C REFERENCE NO.: C-25502 TYPE: NON- CONSENT LOG NAME: PUBLIC HEARING: 060NCOR TRV AGREEMENT NO SUBJECT: Authorize Execution of Memorandum of Understanding and Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC, Outlining Responsibilities and Processes for Utility Relocations Required by Trinity River Vision-Central City Project (COUNCIL DISTRICT 2) ��,��.�. � � _�, ��;��.:��.��rn �,�� - _ :�� w�� RECOMMENDATION: It is recommended that the City Council authorize execution of a Memorandum of Understanding and, if necessary, a Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC, outlining responsibilities and processes for utility relocations required by the Trinity River Vision- Central City project. DISCUSSION: On June 3, 2003, (M&C G-13989) City Council adopted the Trinity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries. The Tarrant Regional Water District (TRWD), in cooperation with Streams and Valleys, Inc., the United States Army Corps of Engineers and the City of Fort Worth led the effort to prepare the master plan. The Trinity River Vision-Central City project will alter the flow of the Trinity River at the confluence of the Clear and West Forks near powntown with a primary purpose of reducing Central City flooding threats. The project will also better control the flow of the Trinity River so as to allow greater public access to the river, increased recreational opportunities, ecosystem enhancements, and an urban waterFront that will enable economic redevelopment efforts. The City Council, the Tarrant County Commissioners Court, the TRWD board and Streams and Valleys, Inc., have all endorsed the Trinity River Vision-Central City project. Over the past year, Oncor and the City have had multiple discussions with respect to who ultimately bears the financial responsibility for an estimated $3 million worth of Oncor utility relocations that are required as a result of the Trinity River Vision-Central City project. The relocations involve facilities located in public rights-of-way and are necessary for construction of both the bypass channel and related street and bridge work. Due to the need to consolidate Oncor facilities in a more efficient manner to enable new storm drainage systems and to open up additional acreage for redevelopment within Trinity Uptown, these discussions have culminated in an Agreement for Oncor to pay 100 percent of the cost to consolidate its facilities located south of Northeast Fourth Street between Main and Calhoun in return for the City and TRWD paying for the cost of utility relocations required by the project. Oncor's facility consolidation is being made possible via separate Agreements between Oncor and TRWD, which recently acquired additional property from the Tarrant County College District to facilitate Oncor's consolidation. This settlement has been reached with the primary purpose and intent of completing the project in a timely and successful manner without the need for either party to pursue legal action. Oncor is expected to invoice the City for utility relocations required for the project's road and bridge work, which is being directed by the City, as relocation work is completed. These invoices will be paid for with funds advanced by TRWD. TRWD will be reimbursed for these expenses under its Agreement with the board of directors of Tax Increment Reinvestment Zone Number Nine, City of http://apps.cfwnet.org/council�acket/mc review.asp?ID=16571&councildate=3/20/2012 4/30/2013 M&C Review Page 2 of 2 Fort Worth, Texas (TRV TIF). As a result, this Agreement will have no financial impact on the City's general fund or capital improvement funds. This project is located in COUNCIL DISTRICT 2 and will benefit ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for Citv Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Fernando Costa (6122) Randle Harwood (6101) Mark Rauscher (2446) http://apps.cfwnet.org/council�acket/mc review.asp?ID=16571&councildate=3/20/2012 4/30/2013