HomeMy WebLinkAboutContract 61034Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September21, 2009
wR#:23370183
Transaction ID: 26685
This Discretionary Service Agreement ("Agreement") is made and entered into this 13thday of February 2024
by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company
and distribution utility, and Ci tv of Fort Worth ("Customer"),
a muni ci Dal i tv , 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.
Scope remove 2 primary pull box, app 500ft 3 phs 1000 al primary, 500ft conduit,
install 1 primary pull box, 1 heavy duty traffic rated primary pull box app 500ft
3phs 1000al primary conductor
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 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.
4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues in
effect until job completion
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 N/A
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 mail, return receipt requested, postage prepaid, to:
(a) If to Company:
N/A OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 48DA36C8-1F3A-433C-A160-8347F483110E
WWW.ONCOR.COM
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September21, 2009
(b) If to Customer:
N/A
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 receivi ng
electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer.
N/A
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 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)
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
DOCUSigned by:
F paws
Qta1reED7FF874D0...
Evan Davis
Printed Name
Engineer Associate
Title
02/13/2024 1 2:11:59 PM CST
Date
City of Fort Worth
Customer / Company Name
Signature
Dana Burghdoff, AICP
Printed Name
Assistant
City Manager
Title
Date
DocuSign Envelope ID: 48DA36C8-1F3A-433C-A160-8347F483110E
WWW.ONCOR.COM
This Agreement is made effective s of h d
FORT WORTH:
City of Fort Worth
,Daira rwahob#
By: Dana Burghdoff (Mar`%2024 16.-t� CST)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
Date: Mar 1, 2024
Approval Recommended:
i,—
By:
Name: Marilyn Marvin
Title: Interim Director, PMD
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
CONTRACTOR: N/A
By:
Name:
Title:
Date:
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signed by the Assistant City Manager below.
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: 4;N2
Name: Nikita N. Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
By: Douglas Black (Feb 29, 2024 22:50 CST)
Name: Doug Black
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
* Required
N5CR
Electric Delivery Company LLC,
a Delaware limited liability company
Distribution Easement Information Form
CUSTOMER / PROJECT NAME: City of Fort Worth
f]C71iT,TA &GE91.kre[40
FA11DIS*13
Fort Worth
City
200 Texas Street
PHONE: 817-392-8014
Clements
Last
Texas
State
DATE: 02/14/2024
Ronnie
First
76102
Zip Code
EMAIL ADDRESS ronald.elements@fortworthtexas.gov
PROPERTY LEGAL DESCRIPTION (LOT/BLOCK/SUBDIVISION NAME)
VOLUME/PAGE OR INSTRUMENT # OF OWNERSHIP DEED *
Lot 2, Block 2 Will Rogers Memorial Center
C.C.D. NO. D211107373 P.R.T.C.T.
*A RECORDED COPY OF THE CURRENT OWNERSHIP (VESTING) Warranty DEED IS
REQUIRED W/ THIS FORM* (SPECIAL WARRANTY DEED) AND EXHIBIT/S.
OWNERSHIP ENTITY INFORMATION
Property OWNERSHIP NAME: _City of Fort Worth , a LP/ LLC
(Grantee is the owner in the Deed) State
(Ex: a Texas, / a Delaware, LTD/LLC), a limited partnership/ limited liability company
CIRCLE ONE:
INDIVIDUAL(S) CORPORATION (INC.) LIMITED LIABILITY COMPANY (LLC)
LIMITED PARTNERSHIP (LP or LTD) ESTATE OF DECEASED (The Estate of
Limited/General Partner Names:
(Ex: a Texas, / a Delaware, LTD/LLC), a limited partnership/ limited liability company
NAME and TITLE OF THE PERSON WHO IS AUTHORIZED TO SIGN THE EASEMENT
INDIVIDUAL ownership (Owner legal name, no title needed;
CORPORATION (Inc.) (Corporate officer, i.e. President, VP, Secretary, Director);
Limited Liability Company (LLC) (Member or Managing Member)
Limited Partnership (LP or LTD) (a General partner name is required and then the title of the signer for
the General partner)
ESTATE (Attorney in Fact or Executor of Estate),
Document Proof (Texas Secretary of State Filing Documentation, Deed, Exhibit/s).
Name of Authorized Signer: uana burgnaorr HiLF
Title of Authorized Signer: Assistant City Manager
IF THE OWNER IS A CORPORATE OWNER, SUCH AS AN INC/LLC/LP OR LTD, PLEASE PROVIDE
DOCUMENTATION OF THE AUTHORIZATION OF THE INDIVIDUAL WHO CAN SIGN ON BEHALF OF THE
ENTITY (Copy of Corporate Resolution/ By laws/ Texas Secretary of State documentation of officers)
LOCATION REFERENCES TO PROJECT EASEMENT REQUEST such as MAPSCO REFERENCE, GPS
coordinates, Lat/Long or NAD references, major Street intersections, Physical Address
Physical Address: 3439 Burnett -Tandy
Mjr St. Intersection: Gendy St and Burnett -Tandy
GPS Coord:
EASEMENT REQUIREMENTS
1) A surveyed exhibit of the easement to be prepared by a registered professional land
surveyor, with signed and sealed metes and bounds description and pictorial and titled
as EXHIBIT "A" or EXHIBITS "A" & "B'; however it is appropriate. Exhibit shall meet all
the legible requirements for filing with the appropriate county clerk. Details should
include all dimensions of the easement, nearest intersections, north arrow, volume/page
or instrument # of the subject property and the easement area identified as "Oncor
Electric Delivery Company, LLC Easement" and by shading or cross hatching the area,
formatted on a 8-112 "x 11' paper.
2) The easement should be signed in blue ink by the appropriate party in front of a Notary
Public and ideally done in duplicate in case one is misplaced.
3) Oncor will only accept an easement in its standard form and does not accept any
modifications to the form, except if it is related to the name, address or legal description
of the Grantor (property owner)
4) Submit original signed documents to your Oncor contact, which will get the easement to
the Right of Way Department for review and then recording with the county clerk. ( A
copy is available by request only)
Disclaimer and Signature
I have read the Information Form and requirements above and have provided accurate information and
understand that if any omissions or inaccuracies have been given, there may be a delay in processing or even
invalidating this easement request.
Printed name of Requestor: rcunuM M Liemems
Signature of Requestor: 2 Date: _2.15.2024
SIGNATURE & NOTARY BLOCK EXAMPLE (sample only)
If the Owner is a LIMITED PARTNERSHIP, LTD, or LP, please provide proper formatting of the easement signature page:
GRANTOR: ABC GENERAL STORE, LP
a Delaware limited partnership
By: ABC General Store GP, LLC
a Delaware limited liability company
Its: General Partner
By:
Barnabas Collins, Managing Member
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority on this day personally appeared Barnabas Collins, as Managing Member
of ABC General Store GP, LLC, a Delaware limited liability company, in its capacity of General Partner of ABC General
Store, LP, A Delaware limited partnership and known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in
the capacity therein stated and he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2022.
Notary Public in and for the State of Texas
r
Before me the undersigned authority on this day personally appeared John E.
Hamilton, well known to me and who after being by me duly sworn under oath deposes and says
that the J. E. Hamilton who was the vendee in a,certain warranty deed executed by A. J. Brown
reciever of the Christmas Oil Corporation, of date ;October 25, 1932, which is recorded in vole
1175, page 251, of the deed records of Tarran County, Texas, is the affiant herein; that
the said J. E. Hamilton and the affiant are one person.
Affiant further says that he does not have any judgments of record in Tarrant
County, Texas, against him.
Affiant further says that he is not the John Hamilton against whom Armour &
Company took judgment on September 15, 1928, in the sum of Seven Hundred forty-nine Dollars
and Fifty-one Cents ($749.51) which is recorded in volume 39 page 222 of ,t„h,e judgment records
of Tarrant County, Texas; that he did not reside in Tarrant County in 1928 and never at any
time owed Armour & Company any money for anything and never was sued by Armour & Company in
Tarrant County or any other County.
Affiant further says that he is in the insurance business and lives at 2600
University Drive in the City of Fort Worth, Tarrant County, Texas.
JOHN E. HAMILTON
SWORN and subscribed to before me this the 5th day of February,A.D. 1936.=,
S. M. KELLEY, Notary Public,
Tarrant County,
(L.S.)
FILED FOR RECORD MAR. 6, 1936 at 1:36 P.M.
RECORDED FOR RECORD MAR. 13, 1936 at 4:30 P.M.
Texas.
J. W. (HAPPY) SHELTON
COUNTY CLERK, TARRANT COUNTY,
TEXAS.
BY �� R DEPUTY
# 24821
K. M. VAN ZANDT LAND CO, ( G
STATE OF TEXAS j 17�
TO: DEED j KNOW ALL MEN BY THESE PRESENTS:
EOUNTY OF TARRANT
CITY OF FORT WORTH I
That the K. M. VAN ZANDT LAND COMPANY, a corporation of the County of Tarrant,
State of Texas, for and in consideration of the sum of One Hundred and Fifty Thousand Dollars
($150,000.00) with interest thereon at the rate of four per cent (4%) per annum after the 18th
day of January, 1936, to it in hand paid by the City of Fort Worth, a municipal corporation,
receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents
does grant, sell and convey, unto the said City of Fort Worth, the following described lands
situated in the J. P. Montgomery and J. M. C. Lynch Surveys in Tarrant County, Texas, parti-
cularly described as follows:
Beginning at the intersection of the South line of Camp Bowie Boulevard with th
West line of Arch Adams Street extended; thence along the southward side of Camp Bowie Boule-
vard, a distance of 1302.6 feet, to the Hutchins property; thence South with the HutchinsO
East line 266 feet to the Southeast corner thereof; thence West 176 feet to Hutbhinst South-
west corner; thence North 176.6 feet to Camp Bowie Boulevard;
J
thence continuing with the SoI
6N PR.
Statement of Charges
PO Box 910104
Dallas TX 75391-0104
Davis, Evan
6823810733
Evan. Davis@oncor.com
Bill To:
Ronnie Clements
(None)
200 Texas St Suite T105
Fort Worth, Texas 76102
Date:
Project No:
Transaction ID
2/9/2024
N/A
26685
Project Location
Street Address:
3501 Gendy Street
City:
County:
Relocation of UG line & Pullbox(Traffic rated)
Price quoted is valid for thirty (30) days from the date of this document.
Remittance Options:
Fort worth
Tarrant
$61,866.78
Total
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 (None)
Attn: Rowe, Kayla; Davis, Evan lProject Number: N/A
PO Box 910104 ITransaction ID: 26685
Dallas TX 75391-0104 Total Amount Paid:
1$61,866.78