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HomeMy WebLinkAboutContract 44785 (2)CITY SECRETARY f� Tariff for Retail Delivery Service CONTRACT NO. ' �'VI0 Oncor Electric Delivery Company LLC 6.3 Agreernents and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 6.3.4 Discretionary Service Agreement Page 1 of 2 WR #: 3213248 Transaction ID: 30157 This Discretionary Service Agreement ("Agreement") is made and entered into this 15th day of Auoust 2013 , by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility, and Cilv 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 relocate its overhead electric facilities located at Customer's Public Safety Training Center site at Hemphill and W. Felix Streets in Fort Worth, Texas as identified on the attached "Oncor Electric Construction Print". Upon acceptance of this agreement, Customer will pay 10 Company the sum of $31,475.60 for the provision of this discretionary service. Should Company not receive payment of $31,475.60 by October 15, 2013, a new payment amount will be determined by Company. 2. Nature of Service and Company's Retail Delivery Service Ta riff -- 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 s ervice initiation requests under t his 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 Ret ail Delivery Ta riff. 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 Company has relocated its electric facilities as described in Paragraph 1 above 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 Agreernents 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 all oripr aa_ reemenls and undertakinas , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It i s 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 mall, return receipt requested, postage prepaid, to: (a) If to Company: Mr. Ralph Schroeder Oncor Electric Delivery 7860 Winbrook Dr. Benbrook. TX 76126 ON5R I F FIVH' :;, I, 101, Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 (b) If to Customer: City of Fort Worth c/o Chin Heath 100 E. 15th St.. Ste 640 Fort Worth. TX 76102 Page 2 of 2 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 Chic, Heath 100 E. 15th St.. Ste 640 Fort Worth. TX 76102 If Company t ransmits 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 (other than federal income 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 ma y 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, fgr anv actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (ii) OFFICIAL RECORD Prior to the relocation of Company facilities as described in Paragraph 1 ab Ira( Customer will provide Company with easement by separate instrument.��; ������pp(�U���@�qq�� L�Ito Wei) `R f1EI9�(n1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly .__ _ _ I representatives. On or Electric Delivery Company LLC Signature Printed Name Title Date Ralph Schroeder Seni ity S - cretary City of Fort Worth . • ..paa�� • Signature Corn ryni) r) (DSTY— Pnnted Name �sT � /��l-Q Tile `` O it /3 Date/ PROVED AS TO FORM AND LEGALITY: CITY AT 5 oc o€ ELECTRIC CONSTRUCTION PRINT BEN: RELOCATE OH FACILITIES ALONG FELIX FOR CITY OF FW IRS) BEN: RELOCATE 011 FACILITIES ALONG FELIX 90O E i_ FELJX ST LOCATION UESrnNEIlO1MAS.CAR0LYN ANN USERIO PHONE (8171858-2571 1 0 n13 C*..ce tle;t•1: (.tlL•y �rt.rn...q-n�i. d.w Ip:.otom. erwmA to. 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ANO SEG0N0AKY 75154 -32093 R14AL E NOTIFY KEVIN 1.-A55ITEK 1 330 I ONGOK TKUGKS N L-L- TO OE ON GOFW OPE KT Y M&C Review Page 1 of 3 ITYCOUNCIL Official site of the City of Fort Worth, Texas FORT WORTI I COUNCIL ACTION: Approved on 8/21/2012 - Ordinance No. 20337-08-2012 DATE: 8/21/2012 REFERENCE NO.: CODE: C TYPE: C-25798 LOG NAME: NON- PUBLIC CONSENT HEARING: 06PUBLIC SAFETY TRAINING CENTER DESIGN BUILD NO SUBJECT: Authorize Execution of a Design -Build Contract with The Cornell FW Company, LLC, at a Guaranteed Maximum Price in the Amount of $97,522,957.00 to Design and Build the New Public Safety Training Center at a Site Near the Intersection of Hemphill Street and Felix Street, Authorize Non -Interest Bearing Inter -Fund Loan Between the Solid Waste Fund and the Public Safety Training Facility Fund in the Amount of $20,522,957.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a non -interest bearing inter -fund loan from the Solid Waste Fund to the Public Safety Training Facility Fund in the amount of $20,522,957.00 for interim financing of the new Public Safety Training Center; 2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Public Safety Training Facility Fund in the amount of $20,522,957.00; and 3. Authorize execution of a Design -Build Contract at a guaranteed maximum price in the amount of $97,522,957.00 with The Cornell FW Company, LLC, to design and build the new Public Safety Training Center. DISCUSSION: The purpose of this Mayor and Council Communication is to award a Design -Build (D-B) Contract with The Cornell FW Company, LLC, at a Guaranteed Maximum Price (GMP) amount of $97,522,957.00 for the design and construction of the new Public Safety Training Center on the property purchased last year from the federal government through General Services Administration (GSA). It is also necessary to authorize a non -interest bearing inter -fund loan in the amount of $20,522,957.00 between the Solid Waste Fund and the Public Safety Training Facility Fund in order to provide interim financing for the project. This is necessary due to the timing of funds being available from the Crime Control Police District (CCPD) and from the sale of the Police Department's headquarters located at 350 Belknap to Tarrant County. The remaining $77,000,000.00 will come from the sale of Certificates of Obligation expected to occur on or around August 14, 2012. The current public safety training center located at 1000 Calvert Street was developed over the past 50 years to train the City's police and fire personnel. Due to its age, limited capacity and functionality, and the impacts of the bypass channel associated with the Trinity River Vision project, it has become necessary to replace the current facility. After an in-depth analysis of potential locations, Staff has determined that the most appropriate location is the Federal Depot property located at 501 West Felix Street in south central Fort Worth. This location has numerous benefits including good freeway access, central location, proximity to current City facilities and existing zoning and infrastructure. Last year, the City acquired the 75 acres of property through GSA at a cost of $6,425,000.00. On July 26, 2012, the Crime Control Police District (CCPD) was presented with the option of using http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17282&councildate=8/21/2012 9/5/2013 M&C Review Page 2 of 3 $10,000,000.00 in CCPD funding to help pay for the cost of the new training center. Before being able to commit any funding, however, two public hearings must be held. At its July 26, 2012 meeting, the CCPD Board of Directors recommended moving forward with the public hearing process. The first hearing is scheduled for the next CCPD Board meeting on August 30, 2012, followed by the second public hearing at the September 18, 2012 City Council meeting. The $10,000,000.00 in funding from CCPD will not be available until after the public hearing process has been completed and the City Council has approved the use of CCPD funding. Similarly, the sale of 350 West Belknap requires a formal advertisement process before the sale of 350 West Belknap can be considered by the City Council, which is expected to occur by the end of September 2012. In order to get the Public Safety Training Center project initiated without further delay, Staff recommends moving forward with the inter -fund loan approach between the Solid Waste Fund and The Public Safety Training Facility Fund. Timing is critical as the City is expected to have some its new facilities in place, including the new Firing Range, by the end of December 2013 per the lease Agreement signed with the Tarrant Regional Water District (M&C L-15268) when the current police/fire training facility was sold last year. Regarding the sale of 350 West Belknap, the County has agreed to purchase the City's share of the building by the end of this fiscal year and has agreed in principle to the price of $13,500,000.00 which is in line with the City's appraisal. Staff will use $10,522,957.00 of the sale proceeds to reimburse the Solid Waste Fund while an additional $335,520.00 will be used to pay TPW-Facilities Management for Construction Administration Services. Because the County wants to begin using some office space and parking shortly after they purchase the City's share of 350 West Belknap, it will be necessary to temporarily move some Police staff out of their headquarters. This move will entail some additional costs to make replacement space ready including IT, parking, and possibly some minor remodeling. It is also expected that the County will charge a commercial lease rate for the space the City continues to use at 350 West Belknap. All of these costs will be identified and brought forward as part of the upcoming Mayor and Council Communication in September that will involve the sale of 350 West Belknap to the County. Lastly, the Solid Waste Fund will also be reimbursed with the $10,000,000.00 in CCPD funding that is expected to be approved by the City Council in September. Due to the ambitious construction schedule, Staff determined that the only viable procurement option was Design -Build (D-B), which is one of several contracting and delivery procedures for construction projects authorized by Chapter 2267 of the Texas Government Code. Under a D-B model, the government entity contracts with a single entity that provides both design and construction services. For projects on a tight timeline, the D-B procurement method generally results in a quicker, more seamless delivery with fewer change orders and delays than those typically associated with a traditional design -bid -build method. The Request for Statements of Qualification (RFQ) from D-B firms opened on January 13, 2012, and was advertised in the Fort Worth Star -Telegram. A total of 15 teams responded. The selection panel shortlisted four teams and issued a Request for Proposals to each that included a more detailed scope of services. Upon receiving their proposals, interviews were held with each of the four teams on April 11, 2012. The selection committee assigned points for each proposer based on experience and qualifications of the D-B team members, project scheduling, M/WBE participation, understanding of public safety training centers in terms of their planning and functionality, and ability to finance and costing methodology. Based on evaluation of the listed performance -based factors, The Cornell FW Company, LLC, received the most points and was selected as the top ranked D-B firm based on the demonstrated ability to design and build the Public Safety Training Center. The Cornell FW Company, LLC, is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation on the design phase and 30 percent M/WBE participation on the construction phase of this D-B Project. This is achieved through the use of a joint venture for design between Komatsu Architects, a certified M/WBE firm, and Brinkley -Sargent Architects and a second joint venture for construction between Thos. S. Byrne, Ltd., a certified M/WBE firm, and Ridgemont Commercial Construction. In addition to the M/WBE joint venture participation, The Cornell FW Company, LLC, has committed to realize substantive M/WBE participation through the use of additional M/WBE subconsultants and subcontractors. The City's M/WBE goal on the design phase is 25 percent and on the construction phase is 30 percent. This property is located in COUNCIL DISTRICT 9, Mapsco 91N. http://apps.cfwnet.org/council packet/mc_review.asp?ID=17282&councildate=8/21/2012 9/5/2013 M&C Review Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Public Safety Training Facility Fund. TO Fund/Account/Centers 1) C236 222064 000000198700 $20.522.957.00 2) C236 444100 061070198783 $10,522.957.00 2) C236 472079 061090198783 $10.000.000.00 21 C236 541200 061070198783 $10.522.957.00 2) C236 541200 061090198783 $10.000.000.00 Submitted for City Manaaer's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1) PE64 137236 0000000 $20,522.957.00 31 C236 541200 061070198783 $87.522,957.00 3) C236 541200 061090198783 $10,000,000.00 Fernando Costa (6122) Randle Harwood (6101) Mark Rauscher (2446) ATTACHMENTS 06PUBLIC SAFETY TRAINING CENTER DESIGN BUILD A012.doc draft 2012 CO Sale MC.htm Public Safety Trainina Center Site MC Map 08 21 12.o tx http://apps.cfwnet.org/council packet/mc review.asp?ID=17282&councildate=8/21/2012 9/5/2013