HomeMy WebLinkAboutContract 43812 Tariff for Retail Delivery Service SECRVAY
Oncor Electric Delivery Company LLC CITY
C(MYRACT NO-
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 1 of 3
Effective Date:Januar
11,2002 Revision:Original
6.3.4 Discretionary Service Agreement
Wr number 3160570
Ciac tracking# 26727
This Discretionary Service Agreement ("Agreement) is made and entered into this 15 day of July, 2012, by
Oncor Electric 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 underground
electric line that is located in an Oncor Easement and road right of way for the Crooked Lane Drainage Project in Fort
Worth Texas, on ONCOR ELECTRIC DELIVERY COMPANY WR # 3150570. This work will entail installing one
underground primary box, replacing up to 750 feet of underground high voltage 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 (CIAO)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 30
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.
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. The estimated costs for the discretionary services
provided hereunder are$94,806.50;and,the Customer's obligation to pay the costs shall not exceed the total amount of
$94,806.50(the"Cap"). In the event that the costs are less than the Cap,the Customer shall pay such actual amount. In
the event the costs exceed the Cap,the Customer shall pay the Cap amount.
4. Term and Termination -- This Agreement becomes effective upon acceptance and signature and
continues in effect until Oncor Electric Delivery 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[spec any pnor agreemen s e�ng uperseded],and all such agreements and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX P I
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 2002 Revision: Original
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
Attn:Alton Gillit
P.O.Sox 970
Fort Worth,TX 76101
(b) If to Customer:
City of Fort Worth
Attn:Pandey,Vibhuti,PE
Stormwater-Transportation&Public Works
940 Monroe Street,Suite 500
Fort Worth,TIC 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
Attn:Pandey,Vibhuti,PE
Stormwater-Transportation&Public Works
900 Monroe Street,Suite 500
Fort Worth,TX 75102
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 tee 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 30 days.
(ii)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
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:Janum 1,2002 Revision: Original
the relocation/removal of facilities outline in this agreement until Joint Users(s)remove their facilities attached to
Oncor Electric Delivery poles.
IN WITNESS WHEREOF, the Parties have�d this Agreement to be sign by their respective duly
authorized representatives,and EXECUTED on this the day of , �o�#,- in Fort Worth,
Tarrant County,Texas. �—
Oncor Electric Delive y,L.L.C.
Fran fility
By:
Name:James C.Chime
Ma'or Design Manager
P.Q.Box 970
w � _ _. rl w r MI _ _ r _ • i���
Fort Worth,TX 76101
A P UAL RECOMMENDED: APPR V :
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Douglas W.Wiersig, PE. Fernando Costa
Director,Department of Assistant City Manager
Transportation&Public Works
D T RM AND LEGALITY:
Douglas W.Black
Assistant City Attorney ,, , .
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Mary Y I Kayser o °
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OFFICIAL RECORD
CITY SECRETARY
He WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,.Texas
FoRT �R�'H
CITY O L�I�C I L. �E IV[�A
COUNCIL.ACTION: Approved on 10/23/2012
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DATE: 1012312012 REFERENCE C-25945 LOG NAME: 20SVV CROOKED LANE 01335
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Service Agreement with Oncor Electric Delivery Company, LLC,
in the Amount of$94,806.50 for Construction Fees Associated with the Relocation of
Electrical Power Lines as Part of the Crooked Lane Drainage Improvements Project
(COUNCIL DISTRICT 5)
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RECOMMENDA'IrION:
It is recommended that the City Council authorize the execution of a Service Agreement with Oncor
Electric Delivery Company, LLC, in the amount of$94,806.50 for construction fees associated with
the relocation of electrical power lines as part of the Crooked Lane Drainage Improvements Project.
DISCUSSION:
This Service Agreement is required to pay for the relocation of 750 feet of underground high voltage
electric cable and one underground primary box by Oncor. These cables and box are in conflict with
the proposed storm drain pipe as part of the Crooked Lane Drainage Improvements Project.
Oncor has quoted $94,806.50 as a construction fee to relocate their utilities. Upon completion, Oncor
will be reimbursed for the agreed upon amount.
A waiver for the goal for MBEISBE subcontracting requirements was requested by the Transportation
and Public Works Department and approved by the M1WBE 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 5, Mapsco 81A.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Bond Fund.
TO Fund/Account/C enters FROM Fund/Account/Centers
P227 539120 205280133572 $94,806.50
Submitted for Cily Mana er's office b Fernando Costa (6122)
Ori-ainatinct De artment Head: Douglas W. Wiersig (7801)
http:/Ifortworthtexas.gov/council_Packet/mc review.asp?ID=17436&counciidate=1012312012 10/25/2012