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HomeMy WebLinkAboutContract 60961City Secretary Contract No. ( v<:{J, (Q, \ Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Fonns Applicable: Entire Certified Service Area Effective Date: September 21, 2009 6.3.5 Discretionary Service Agreement Page 1 of2 WR# 21891538 Transaction ID: _..:.;2..:.;622=6- This Discretionary Service Agreement (" Agreement") is made and entered into this _11_ day of January ~ by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility and City ofFt Worth ("Customer"). a ' each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties·. In consideration of the mutua l 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. Oncor has proposed to install (1) PMU & (1) 4-2-2 Vista Gear and make the connections to the existing 7.5MVA transformer. Th is also includes all civil required to prepare the pad sites for the PMU & Vista locations along with the PVC connections neccessary. The price for this work is $266,989.51 as indicated in the attached Statement of Charges. 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 Pubfic Utility Commission of Texas ("PUCr) Substantive Ru les and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be f1Xed 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 Ta riff. Company's Retail Denvery 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 S erv1ce Charges -Charges for any discretionary services covered by this Agreement are determined in accordance w ith Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4 . Tenm and Tenmlnatlon --Th is Agreement becomes effective upon acceptance by Customer and continues in effect unbl the remittance is received and work 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 constiMed 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 Reta il Delivery Tariff are applicable to this Agreement upon their effective dale and do not requ ire an amendment of this Agreement. a. Entirety of Agreement and Prior Agreements Superseded -This Agreement, including all attached Exhibits, which are expressly ma de 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 subj ect matter hereof, including without limitation N/A , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged Iha t 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 th is 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) lfto Company: Oncor Electric Delviery Company Attn: Rich Hildebrand 200 N. Ector Dr. euless TX. 76039 OFF,CIAl RECORD crfY SECRETARY fT. WORTH, TX 6.3 Agreements and Forms Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC App li cable : Entire Certified Service Area Effective Date : Sep tember 21 , 2009 {b) lfto Customer. Citv of Fl Wo rth Attn Chris Harder 1500 11th Ave. Ft. Worth TX. 7610 2 Th e above-li sted names , ti tle s, and addresses of either Party may be chan ged by written notifi cati on to th e oth er. Page 2of 2 10. Invoi c i ng and Payment -Invoice s fo r an y discretionary service s covered by this Agree ment will be mail ed by Company to the fo llowing address (or such other address d irected in writing by Customer), unless Customer is capab le of receiving electronic invoicing from Company, in which case Company is entitled to transm it electronic invo ices to Custom er. Citv of Ft. Worth Attn Chris Harder 1500 11th Ave Ft. Worth TX. 76102 If Company transmits electron ic invoices to Customer, Customer mu st make payment to Company by electronic funds transfer. Electronic invo icing and payment by electronic funds transfer will be conducted in accordance with Co mpany's standard procedures . Compa ny must rece ive payment by the due date specified on the invoice . If payment is not received by th e Company by the due date shown on t he invoice, a late fee will be calculated and added to the unpaid ba lance un til the entire invoice is paid . The late fee will be 5% of the unpa id balance per invoice peri od. 11 . No Waiver -The failure of a Pa rty to th is Agreement to insist, on any occasion, upon strict performa nce of any provision of this Agreement will not be considered to waive the obl igations, rights , or duties im posed upon the Parties. 12. Taxes --All present or future federal, state, mui cipal, or oter lawful t axes (other th an fed era l inco me taJces) applicable by reason of any service performed by Company, or any compensation pa id to Company, hereunder must be pa id by Customer. 13. Headings -The descri ptive headings of the various articles and secti ons of th is Agreement have bee n inserted for convenience of reference only and are to be afforded no significance in th e interpretation or constru cti on of th is Agreemenl 14 . Multiple Counterparts -This Agreement may be executed in two or m ore counterparts, each of which is deemed an ori ginal but all consti tute one and the same instrument 15 . Other Terms and Conditions - (i) Customer has d isclosed 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 even t that Customer has failed to do so, or in the event of the existence of such facilities of wh ich Customer has no knowledge, Company, its agents and contractors, shall have no liabil ity, of any nature whatsoever, to Customer, or Customer's agents or ass ignees , fo r any actual or consequenti al damages resulting from damage to such und isclosed or unknown facili ti es. {ii) City of Fl Worth agrees that payment shall be made withi n 30 days of the da te the project is completed or the date the invoice is received , wh ichever is later. (iii) Toe 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 ficensed service provider (Joint User). The customer must contact all Jo int Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery cannot complete the relocation/removal of faci lities outl ined in th is agreement unti l Joint User(s) remove their facilities attached to Oncor Electric Delivery Po les. (iv) Easement Requirements -All easements shall be granted & con veyed to Company Prior to any of Company's faci fiti es , eq uipment, or infrastructure being placed on Customer's private property. IN WITNESS WHEREOF. the Parties have caused th is Agreement to be signed by their respective duly authorized representatives . ;z::;zz;;;;r;;:__g Signature Richard L Hildebrand Printed Name New Construction Manager Ti tle 1-11-24 City of Fl Worth Customer J Entity Signature Chris Harder Printed Name Director of Water Department Title Date EXECUTED and EFFECTIVE as of the date last written by a signatory , below . APPROVED : City of Fort Worth Assistant City Manager DATE : I APPROVAL RECOMMENDED : Chris Harder , P.E . Director, Water Department Contract Compliance Manager : By signing , I acknowledge that I am the person responsible for the monitoring and administration of this contract, ensuring all performance and reporting requirement Chris Harder Water Director APPROVED AS TO FORM AND LEGALITY: ~ DBlack (Jan 12, 2024 15:24 CST ) Douglas W. Black Assistant City Attorney ATTEST : nette Goodall ·ty Secretary Page 1 of 1 M&C : 23 -0974 Date : November 14 , 2023 OFFIC&AL RECORD cn-v SECRETARY FT. WORTH, TX Sta teme nt of Ch a rges PO Box 910104 Dallas TX 75391-0104 Hildebrand , Richard 817-355-7056 Richard .Hildebrand@oncor.com Bill To: Chr is Harder, Di rector FW Water Dept. City of Fort Worth 1500 11th Ave Fort Worth , Texas 76102 Date: Project No: Transaction ID : 1/5/2024 21891538 26226 Project Location Street Address: 1500 11th Ave City: County: Fo rt worth Tarrant . . • Billing Descrjpt ion . • , -• -. -.. -.. < .. : ,. ·_, --Amount-Due . Upgrade facilities to allow for back up ge neration. $266,989:51 Price quoted is valid fo r th irty (30) da ys from th e date of t his document. To tal • __ .: • ••••0 -$266,989.51 Remittance Op ti o ns: C heck lnstruc6ons Make all c hecks payab le to Oncor Electri c Delivery Company , LLC OR Electro!lic Furtds Transfer I EFT ~nstructions JP Mo rgan Chase Bank/ Dallas Account #08806 169 791 Ro uti ng #'s ASA: 021-000-02 1 (Wire Tra nsfer) ASA: 111-000-6 14 (ACH payments) Fede ral Tax ID: 75-2967830 If an EFT is made please have you r financial insti t ution include th e track ing number Also , e!llail Confirmation number and t ransfer dat e t o THANK YOU FOR YOUR BUSINESS! --------~--------------------------------------- REMITTA NCE SLI P Detach this portion of the invo ice to accompa ny payment and ma il it w ith your chec k Checks are to be made payab le to Oncor Electric Delivery Company, LLC Please reta i n the above statemen t for you r records Remit To Oncor Elect ric Delivery Company , LLC Attn : Rowe , Kayla ; Hi ldebrand , Richard PO Bo x 910 104 Da ll as TX 7539 1-0 104 Custome r Name jCity of Fort Worth !Proj ect Numbe r. 2 1891538 frransactio n ID : 26226 Total Amou nt Pa id: 1$266 ,989 .51 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ Create New From This M&C DATE: CODE: SUBJECT: 11/14/2023 REFERENCE NO.: **M&C 23- 0974 LOG NAME: 60ONCOR SERVICE AGREEMENT NHWTP C TYPE •. CONSENT PUBLIC NO HEARING: (CD 9) Authorize Execution of Service Agreement w ith ONCOR Electric Delivery Company, LLC. in the Amount of $437,250.00 for the Modification of the Middle Holly Electrical Service at the North Holly Water Treatment Plant and Adopt Appropriation Ordinance to Effect a Portion of Water 's Cont ribut ion to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authoriz e execution of a Service Agreement with Onco r Electric Delivery Company, LLC, (ONCOR ) in the amount of $437,250.00 for the modification of the Middle Holly Electrical Service for the Westside Water Treatment Plant Generators and Emergency Preparation Plan project for power generation at the North Holly Water Treatment Plant (C ity Project No. 103410); and 2. Adopt the attached appropriation ord i nance adjusti ng estimated receipts and appropriation s in the Water & Sewer Revenue Bond Series 2022 Fund by increasing esti mated receipts and appropriations i n the Westside Water Treatment Plant Generators and Emergency Preparation Plan project for Power Generation at the North Holly Water Treatment Plant (City Project No. 103410) in the amount of $437,250.00 and decreas in g estimated receipts and appropriations in the Unspecified-All Funds project (City Project No. UNSPEC) and effect a portion of Water's contribution to the Fiscal Years 2024-2028 Cap ital Improvement Program. DISCUSSION: The February 2021 Deep Freeze caused power failures to Eag le Mountain Water Treatment Plant (EMWTP), the Westside Water Treatment Plant (WSWTP) and affected the North and South Holly Water Treatment Plants , along with power supply and freez ing issues at some pump stations. In response to the power outages , the Water Department implemented a series of projects t o minimize the effects of future power failures and /or freezing temperatures on Water Fac ili ties . In addit ion , during the 2021 legislative session , the State of Texas enacted a law, Senate Bill 3 (SB3 ), requiring the submittal of an Emergency Preparedness Plan by March 1, 2022. On June 22, 2021 , Mayor and Council Commun ication (M&C) 21-0480 authorized an engineering agreement with Freese and Nicho ls , Inc. (City Secretary Contract No. 55946) in the amount of $1 ,215 ,325.00 for the Westside Water Treatment Plant Generato rs and Emergency Preparation Plan project for Power Generation at the North and South Holly Water Treatment Plants. The agreement was subsequently revised by Amendment No. 1 i n the amount of $17,802.00, administratively authorized November 4 , 2021 , to provide for additional coordination and review of ONCOR's design load sheet for an electrical service connect ion on the west property line of t he Eagle Mountain Water Treatment Plant, Amendment No. 2 in the amount of $1 ,585,391.00 (M&C 22-010 1, February 8, 2022) to provide for design , bid , and constructio n phase services for backup power including electrical switchgear and generators in order to mainta in funct ionality cf these assets in the event of future deep freezes at the follow ing Water Department pump stat ions: Alta Mesa, Edwards Ranch, Eastside and Como. The amendment also allowed for construction assistance services for the installation of Westside Water Treatment Plant Backup Generators project , Amendment No. 3 in the amount of $1,845,867.00 (M&C 22-0595 , August 9, 2022) provided for design, bid, and construction phase services for th e installation of emergency back-up power consisting of generators and I electrical switchgear at the North and South Holly Water Treatment plants. The scope of services included the sizing and siting of the generators and all electrical gear necessary for support, site improvements including grading and fencing/security and construction assistance services and Amendment No. 4 in the amount of $887 ,262.00 (M&C 23-0500, June 13, 2023) provided for construction management and inspection services during installation of back-up generators for the four pump stations and at the North and South Holly Water Treatment Plants. M&C 23-0500, also authorized the execution of a contract with Winston Electric, Inc. dba ACME Electric Company in the amount of $23,119,632.00 for the Westside Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants project. The final design of the emergency back-up generators and electrical switchgea r at the North and South Holly Water Treatment plants requires a modification of the Middle Holly Electrical Serv ice by ONCOR. With this service agreement, ONCOR will install a new primary metering un it (PMU), Vista Gear and associated electrical switchgear and infrastructure necessary to retrofit th e Middle Holly electrical service necessary to incorporate backup generation facilities and electrical switchgear designed for backup power to the Holly Water Treatment Plants. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year instead of within the annua l budget ordinance, as proje cts commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will amend the City of Fort Worth 's Fisca l Year 2024-2028 Capital Improvement Program as follows : 60ONCOR SERVICE AGREEMENT NHWTP Capital~! F d ProJect I I\ FY2024 CIP A th ·ty Budget Change N~;e I Name r ppropriations LI on (Increase/Decrease) Revised FY2024 Budget W&S 103410 1 1 Rev -WS Bonds Gen & Series 2022 -Erner Fund Prep 56020 Plan $0.00 This M&C $437,250.00 $437,250.00 Funding is available in the Unspecified-All Funds project within the Water & Sewer Revenue Bonds Series 2022 Fund for the purpose of funding the Westside Generator and Emergency Preparation Plan project. Funding for the project is depicted below: I Existing Additional Fund I Appropriations Appropriations Project Total* W&S Capital Project Fund $12,814,614.00 $0.00 $12,814,614.00 56002 W&S Rev I I Bonds Series $3 ,792,978.00 $437 ,250.00 $4,230,228.00 2022 -Fund 56020 W&S Rev Bonds Series $25 ,949 ,327.00 $0.00 $25,949,327.00 2023 -Fund 56021 JProject Total $42,556,919.00 J $437,250.00 J$42,994,169.00 *Numbers rounded for presentation purposes. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that fun ds are currently available in the Unspecified-All Funds project within the W&S Rev Bonds Series 2022 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Rev Bonds Series 2022 for the WS Gen & Erner Prep Plan project to support the above recommendat ions and execution of the contract. Prior to any expenditure being incurred , the Wa ter Department has the responsibility to validate the availability of funds. TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by~ Originating DeP-artment Head: Additiona l Information Contact: ATTACHMENTS Program Activity Budget Year Program Activity Budget Year Dana Burghdoff (8018) Chris Harder (5020) David Townsend (8430 ) Reference# Chartfie ld 2 Reference# Chartfield 2 60ONCOR SERVICE AGREEMENT NHWTP FID Table (WCF 10.12.23).xlsx (CFW In ternal) 60ONCOR SERVICE AGREEMENT NHWTP Map .Rdf (Pub lic) 60ONCOR SERVICE AGREEMENT NHWTP.docx (C FW Internal) ORD .APP 60ONCOR SERVICE AGREEMENT NHWTP 56020 AO24(r2).docx (Public) PBS CPN 103410.pd f (CFW Internal ) Signature: Email: Dana.Burghdoff@fortworthtexas.gov Amount Amount