HomeMy WebLinkAboutContract 60444Tariff for Retai l Del ivery Service
Oncor Electric De livery Company LLC
6.3 Ag reeme nts and Forms CSC No. 60444 Applicabl e: Entire Certified Service Area
Effective Date : September 21 , 2009
6.3.5 Discreti onary Service Ag reement
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WR # 21763375
Transaction ID: �2=5 3�3 �'--
This Di scretionary Service Agreem ent ("Agreem ent") Is made, and entered Into this.M_day of October. 2023, by Oncor Electric
Delivery Company LLC ( "Oncor Electric Delivery Company" or "Company"), a Delawa re limited liability company and distribution uti lity, and..Qi.!y_
of Fort Worth ("Customer"), a Municipality , each herei nafter 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. Discreti onary Se rvices to be Provided --Com pany ag rees to provide, and Customer agrees to pay fo r, th e fo llowing
discreti onary services in accordance with this Agreement.
The customer would like to ch ange the design of the exi sting vault that will re quire a re locati on cost to service the customer. It is proposed
to remove an existi ng vault entrance and insta ll (1 ) new vault entrance utilizing the network standard vault entrance size. Insta llation of (2)
fra mes and grates to cover previ ously removed exi sti ng vault entrances . Installation of a remote meteri ng antenna. Installation/removal of
tem porary wa ll. Tota l cost to the customer is $333,673.84.
2.Nature of Service and Com pany's Retai l De livery Service Tariff --Any discretionary services covered by this Ag re em ent
will be provided by Com pany, and accepted by Customer, in accordance with applicable Public Utility Com mission of Texas ("P U CT")
Substantive Rul es and Com pany's Tariff for Retail Delivery Servi ce (I ncl uding the Service Reg ulations contained therein), as it may from time to
time be fixed and approved by the PUCT ("Company's Retai l Del i very Tariff'). During the term of this Agreement, Com pany is entitled to discontinue servi ce, inte rrupt service, or refu se service initiation req uests under this Agreement in accordance with appl icable PUCT Substa ntive
Rules and Company's Retail Delivery Ta riff. Company's Retail Delivery Tariff Is part of this Agree ment to th e same exte nt as If ful ly set out
herein. Unless otherwise expressly stated in this Agreem ent, th e te rms used herein have the meanings ascribed thereto in Com pany's Retail
Delivery Tariff.
3.Discretionary Service Charges -Charges for any discretionary services covered by this Agreement are determ ined in
accord ance with Com pany's Retai l Delivery Tariff. Co m pany and Custo mer agree to com ply with PUCT or co urt orders concerning
discretionary service charges .
4. Term and Termi nation --This Agree ment becomes effective upon accepta nce by Customer and continues in effect until
Upon Completion of all work associated with this vault modificat ion project. . Term i nation of this Agreem ent does not relieve Com pany or
Cust omer of any obl igation accrued or accruing prior to term inatio n.
5. No Other Obligations --This Agreem ent does not obligate Com pany to provide, or entitl e Customer to receive, any service
not expressly provided for herein. Custom er is re sponsible for making the arrangements necessary for it to receive any fu rther services that It
may desire from Company or any third party.
6.Governing Law and Re gulatory Authority --This Ag reem ent was executed in the State of Texas and must in all respectsbe governed by, interpreted , construed , and enforced in acco rdance with the laws thereof. This Agreement Is subject to all valid, applicable
fe deral, state, and local laws , ordinances , and rules and regulations of duly consti tuted regul atory authorities having jurisd iction.
7.Ame ndment --Th is Agreem ent may be amended only upon mutual agreement of the Parties, which am endment will not be
effective unti l red uced to writi ng and executed by the Parties . But changes to applicable PUCT Substantive Rules and Company's Retail
Del ivery Tariff are applicable to th is Agreem ent upon their effective date and do not re quire an amendment of this Ag reement.
8.Enti rety of Ag reement and Pri or Agreements Superseded --This Agreem ent, incl ud ing all attached Exhibits, which are
expressly ma de a part hereof for all pu rposes, constitutes the entire agreem ent and understanding between the Parties with regard to the
service(s) expressly provided fo r In this Ag re em ent. The Parties are not bound by or liable for any statement, representati on, promise,
Inducem ent, understanding, or undertaking of any kind or nature (whether written or oral ) with re gard to the subject matter hereof not set forth or
provided for herei n. This Agreement replaces all prior agree ments and undertakings, oral or written, bet ween the Parties with regard to the
subject matter hereof, incl uding without limitati on N/A , and all such agreem ents and undertaking s are agreed by the Parti es to no longer be of any force or effect. It is expressly acknowl edged that the Parties may have other agreem ents
covering oth er services not expressly provided for herein, wh ich agree ments are unaffected by this Agree ment.
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 req uested , postage prepaid, to :
(a) If to Company:
Oncor El ectric Delivery Company. LLC .
Nich olas Horvatich
777 Main St.
Fort Worth TX. 76102
6.3 Agreements and Forms
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009
(b) If to Customer:
City of Fort Worth
1201 Houston St.
Fort Worth TX. 76102
The above-listed names, titles, and addresses of either Party may be changed by written notification to the other.
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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
Dana Burghdoff
200 Texas St.
Fort Worth TX. 76102
If Company transmits electronic invoices to Customer, Customer mu st 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 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)
Customer is responsible for contacting Company provided inspector. Install all necessary facilities inside Customer provided
easement. Customer is responsible for providing Company with adequate working space to complete the job in a safe and timely manner.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric Delivery Company LLC
Todd Scoggins
Printed Name
Manager of Network Design Title
Date
i@@ 6 /iJ-40-3
City of Fort Worth
Customer I Entity
C>fWk8��� Dana Burghdoff{N;,;,;0232�ST)
Signature
Dana Burghdoff
Printed Name
Assistant City Manager Title
Nov 8, 2023
Date
Executed effective as of the date signed by the Assistant City Manager above.
FORT WORTH:
Approval Recommended:
---rA �-r By: /'
Name: Ricardo Salazar II (Interim)
Title: Director, Property Management Dept.
Attest:�k�By: U
Name: Jannette Goodall
Title: City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services AMENDMENT
Revision Date: 3/20/2020
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Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By:�-,.,.._ /<. �
Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By: <)13 Stw"J'
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0899
ONC�R.
PO Box 910104
Dallas TX 75391-0104
Horvatich, Nicholas
4692617890
Nicholas.Horvatich@oncor.com
Statement of Charges
Date: 10/18/2023
Project No: 21763375
Transaction ID: 25331
Bill To: Project Location
Dana Burghoff Street Address:
City of Fort Worth 1201 Houston St
401 West 13th Street City: Fort worth
Fort Worth, Texas 76102 County: Tarrant
: . �- . . � . � -
Per customer request to relocate existing facilities. $333,673.83
Price quoted is valid for thirty (30) days from the date of this document. ', . :
Remittance Options:
Check Instructions
Make all checks payable to Oncor Electric Delivery Company, LLC
OR
Electronic Funds Transfer / EFT Instructions
JP Morgan Chase Bank / Dallas
Account#08806169791
Routing #'s
ABA: 021-000-021 (Wire Transfer)
ABA: 111-000-614 (ACH payments)
Federal Tax ID: 75-2967830
If an EFT is made please have your financial institution include the tracking number
Also, email Confirmation number and transfer date to
THANK YOU FOR YOUR BUSINESS!
------__�__________------------------------------
REMITTANCE SLIP
Detach this portion of the invoice to accompany payment and mail it with your check
Checks are to be made payable to Oncor Electric Delivery Company, LLC
Please retain the above statement for your records
Remit To Customer Name
Oncor Electric Delivery Company, LLC City of Fort Worth
Attn: Rowe, Kayla; Horvatich, Nicholas Project Number: 21763375
PO Box 910104 Transaction ID: 25331
Dallas TX 75391-0104 Total Amount Paid:
$333,673.83
M&C Review
CITY COUNCIL AGENDA
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Official site of the City of Fort Worth, Texas
FO RT �'�'0 RT H
-�__
Create New From This M&C
DATE:
10/17/2023 REFERENCE **M&C 23- LOG NAME:
NO.: 0899
21 FORT WORTH
CONVENTION CENTER
PHASE 1 DSA
CODE:
C TYPE: CONSENT PUBLIC
HEARING:
NO
SUBJECT: (CD 9) Authorize Execution of a Discretionary Service Agreement in the Amount of
$333,673.84 with Oncor Electric Delivery Company LLC, for Modification to the
Existing Transformer Vault, for Phase 1 of the Fort Worth Convention Center Renovation
and Expansion Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Discretionary Service Agreement in
the amount of $333,673.84 with Oncor Electric Delivery Company LLC, for modification to the
existing transformer vault at the Fort Worth Convention Center (City Project No. 102582).
L16'��i�I+'�y[�]►A
The purpose of this Mayor and Council Communications (M&C) is to recommend that the City
Council authorize execution of a Discretionary Service Agreement (DSA) in the amount of
$333,673.84 with Oncor Electric Delivery Company LLC, for modification to the existing transformer
vault at the Fort Worth Convention Center.
Phase 1 of the Fort Worth Convention Center Renovation and Expansion project will remove the
"annex", straighten out Commerce Street, renovate internal building utilities, renovate half of the
loading docks, and design a new south east entry. The existing transformer vault is in the area near
the new entry and renovated docks. This redesign of the vault is necessary to accommodate this work
and the work of future phases.
The project is currently funded through the American Rescue Plan Act, Subtitle M(ARPA) Grant
(M&C 21-0934) in the amount of $52,000,000.00 and $43,000,000.00 from the Series 2023 Certificate
of Obligation Bonds (M&C 23-0250). Currently the balance of grants funds are earmarked for the
award of Amendment #1 to the Construction Manager at Risk Contract with Hunt/Byrne/Smith, so
bond funding will be utilized for this DSA specifically.
Based on current scope requirements and anticipated changes, there will be significant budget
increases. These increases will be presented to council in future Informal Reports and M&Cs.
The Project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Certificate of Obligation 2023 Fund for the FWCC Expansion & Prj Mgmt project
to support the approval of the above recommendation and execution of the contract. Prior to any
expenditure being incurred, the Property Management and Public Events Departments have the
responsibility to validate the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
http://apps. cfwnet. org/council�acket/mc_review. asp?ID=31525 &counci 1 date=l0/ 17/2023 10/ 19/2023
M&C Review
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Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Dana Burghdoff (8018)
Ricardo Salazar (8379)
Brian Glass (8088)
ATTACHMENTS
21 FORT WORTH CONVENTION CENTER PHASE 1 DSA funds availability.pdf (CFW Internal)
FID 21 FORT WORTH CONVENTION CENTER PHASE 1 DSA.XLSX (CFW Internal)
http://apps. cfwnet. org/council�acket/mc_review. asp?ID=31525 &counci 1 date=l0/ 17/2023 10/ 19/2023