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HomeMy WebLinkAboutContract 61348CSC No. 61348 Tariff for Retail Delivery Service R. Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WR# 22665319 Transaction ID: This Discretionary Service Agreement ("Agreement") is made and entered into this 13th day of March 2024 by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company and distribution utility, and City 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. The requested relocation of overhead electric distribution facilities to underground along Trinity Blvd East of Salado Trail to Thames Trail. It is proposed to remove all existing OH poles and conductors and transition to all UG by boring under trees, install 1-PME-11 and PME-9 switchgear, and —2000ft of UG primary/conduit. Customer agrees to reimburse Company in the amount of $423,938.54(FE $407,633.21+TA $O+FFA $16,305.33) for the cost of this service. Customer to be invoiced upon completion of construction (less encumbered pole removals) 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 ('DUCT") 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 Ta riff. 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 completion of Oncor's relocation construction 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 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 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 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 Attn: Alan Cantu Garza 777 Main St Suite 1033-28 Fort Worth. TX 76102-5304 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tariff for Retail Delivery Service R. Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 2 of 2 (b) If to Customer: City of Fort Worth AM: Mitch Aiton, P.E. 200 Texas Street Fort Worth. Texas 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: Dwayne Hollars 200 Texas Street Fort Worth, Texas 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, muicipal, or oter 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) Company reserves the right to update the cost for the Discretionary Services to be provided if this document has not been executed by May 11th, 2024. Company will invoice Customer upon completion of Company construction less removal of poles encumbered by phone and/or CATV facilities. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC City of Fort Worth Cuysttomerrl/ Entity Antony Cogna (Apr 22, 2419:07 CDT) Signature Signature Antony Cognasi Jesica McEachern Printed Name Printed Name Design Supervisor Assistant City Manager Title Title Apr 22, 2024 May 1, 2024 Date Date o4FpRt b� p �Faeooa000 �YO� �o ATTEST: J a �4b nEXA5o4p A .,ZiuA.4s (JJannette Goodall City Secretary APPROVAL RECOMMENDED: By.'-- Prieur(Npr 23,202412.04 CDT) - -- -- -- Lauren Prieur, PE, PMP, CCM Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY By,DouglaaBlad(npr36,3o24102CDi( M&C No.: 21-0893 Douglas W Black Sr. Assistant City Attorney M&C Date: 11-30-2021 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. Mitchell Aiton (Apr 12, 202419:09 CD 1 Mitch Aiton, PE, PMP Sr Professional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 103280-DSAG-Trinity Blvd Phase 2 Oncor DSA Final Audit Report 2024-04-26 Created: 2024-04-12 By: Andrea Munoz (Andrea. Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAMzLC-DzsCeg5HillihGPT9TNvi5h5YHm "103280-DSAG-Trinity Blvd Phase 2 Oncor DSA" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-04-12 - 11:39:20 PM GMT- IP address: 204.10.90.100 Document emailed to Jessica Rodriguez Qessica.rod riguez@fortworthtexas.gov) for filling 2024-04-12 - 11:48:48 PM GMT Document emailed to Mitchell Aiton (mitchell.aiton@fortworthtexas.gov) for signature 2024-04-12 - 11:48:48 PM GMT Document emailed to antony.cognasi@oncor.com for signature 2024-04-12 - 11:48:48 PM GMT Email viewed by Mitchell Aiton (mitchell.aton@fortworthtexas.gov) 2024-04-13 - 0:05:31 AM GMT- IP address: 172.226.81.20 Document e-signed by Mitchell Aiton (mitchell.aiton@fortworthtexas.gov) Signature Date: 2024-04-13 - 0:09:48 AM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by antony.cognasi@oncor.com 2024-04-13 - 1:49:07 AM GMT- IP address: 104.28.97.29 Email viewed by Jessica Rodriguez Qessica.rodriguez@fortworthtexas.gov) 2024-04-15 - 1:01:27 PM GMT- IP address: 204.10.90.100 Form filled by Jessica Rodriguez Qessica.rodriguez@fortworthtexas.gov) Form filling Date: 2024-04-15 - 1:04:38 PM GMT - Time Source: server- IP address: 204.10.90.100 Email viewed by antony.cognasi@oncor.com 2024-04-20 - 10:15:41 PM GMT- IP address: 104.28.97.28 Email viewed by antony.cognasi@oncor.com 2024-04-23 - 0:06:17 AM GMT- IP address: 104.28.97.29 FLIRT WORTHS I Powered by Adobe Acrobat Sign Signer antony.cognasi@oncor.com entered name at signing as Antony Cognasi 2024-04-23 - 0:07:51 AM GMT- IP address: 104.28.97.23 Document e-signed by Antony Cognasi (antony.cognasi@oncor.com) Signature Date: 2024-04-23 - 0:07:53 AM GMT - Time Source: server- IP address: 104.28.97.23 Document emailed to Patricia Wadsack (patricia.wadsack@fortworthtexas.gov) for filling 2024-04-23 - 0:07:55 AM GMT Email viewed by Patricia Wadsack (patricia.wadsack@fortworthtexas.gov) 2024-04-23 - 4:50:56 PM GMT- IP address: 204.10.90.100 &o Form filled by Patricia Wadsack (patricia.wadsack@fortworthtexas.gov) Form filling Date: 2024-04-23 - 4:53:06 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) for signature 2024-04-23 - 4:53:08 PM GMT Email viewed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) 2024-04-23 - 5:03:46 PM GMT- IP address: 76.227.105.128 Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Date: 2024-04-23 - 5:04:47 PM GMT - Time Source: server- IP address: 76.227.105.128 Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval 2024-04-23 - 5:04:49 PM GMT Email viewed by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) 2024-04-23 - 6:34:04 PM GMT- IP address: 204.10.90.100 Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2024-04-23 - 6:34:32 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature 2024-04-23 - 6:34:34 PM GMT Document declined by Douglas Black (Douglas.Black@fortworthtexas.gov) Decline reason: Please attach the M&C authorizing this DSA. 2024-04-26 - 2:08:56 PM GMT- IP address: 204.10.90.100 FORTWORTH. 1 Powered 'y Adobe Acrobat Sign 4/26/24. 9:11 AM CITY COUNCIL AGENDA M&C Review Official site of the City of Fort Worth, Texas Foes WORTH Create New From This M&C DATE: 11/30/2021 REFERENCE **M&C 21- LOG NAME: 20TRINITY ONCOR NO.: 0893 RELOCATION PHASE 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 5) Authorize Execution of a Discretionary Services Agreement in the Amount of $450,000.00 with Oncor Electric Delivery Company, LLC for the Relocation of Overhead Utilities and Installation of Underground Utilities for the Trinity Boulevard Phase 2 from Salado Trail to Precinct Line Road Project RECOMMENDATION: It is recommended that the City Council authorize execution of a Discretionary Services Agreement with Oncor Electric Delivery Company, LLC in the amount not to exceed $450,000.00 for the relocation of overhead utilities and the installation of underground utilities along Trinity Boulevard from Salado Trail to Precinct Line Road Phase 2 project (City Project No. 103280). DISCUSSION: Trinity Boulevard Phase 2 from Salado Trail to Precinct Line Road will include 4-lane concrete road, divided median, landscape improvements, drainage improvements, illumination improvements, ten - foot sidewalks and American with Disabilities Act (ADA) improvements. Oncor Electric Delivery Company, LLC (Oncor) will relocate approximately 2,600 linear feet of overhead electric lines on the north side of Trinity Boulevard install approximately 2,600 linear feet of underground electric line from Salado Trail to Precinct Line Drive. AT&T Inc., for an amount not to exceed $55,000.00, will relocate approximately 1,300 linear feet of overhead fiber into underground conduit on the north side of Trinity Boulevard from Seguin Trail to Thames Trail. Fiberlight LLC, for an amount not to exceed $50,000.00, will relocate approximately 600 linear feet of overhead fiber into underground conduit on the north side of Trinity Boulevard from Thames Trail to Precinct Line Road. The total combined cost of the Discretionary Service Agreements is $555,000.00. City staff considers these costs to be fair and reasonable for the proposed scope of services. Construction of Trinity Boulevard Phase 2 is anticipated to begin in Winter 2022. Funding for this project is being provided from the Transportation Impact Fee Capital funds approved on Mayor and Council Communication (M&C) 21-0500, Developer Contribution Fund (M&C 21-0500) and the proposed 2022 Bond Program. The Project is located in COUNCIL DISTRICT 5 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Transportation Impact Fee Cap fund for the Trinity Boulevard Phase 2 project to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works department has the responsibility to validate the availability of funds. TO Fund I Department I Account Project Program Activity Budget I Reference # Amount ID ID I I I Year Chartfield 2 FROM Fund I Department Account Project Program Activity Budget Reference # Amount ID ID 1 1 Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Dana Burghdoff (8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 103280 FID table.XLSX (CFW Internal) 20TRINITY ONCOR RELOCATION PHASE 2 funds availabilitv.docx (CFW Internal) TRINITY LAKES TIF IMPROVEMENTS MAP.PDF (Public) apps.cfwnet.org/council_packet/mc—review.asp?ID=29441 &councildate=l 1 /30/2021 1 /1 FORT WORTHK) Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Trinity Blvd Phase 2 Oncor DSA M&C: 21-0893 CPN: 103280 CSO: N/A DOC#: N/A Date: 12/19/2023 To: Name 1. Jessica Rodriguez 2. Mitch Aiton 3. Antony Cognasi - Oncor 4. Raul Lopez 5. Lissette Acevedo 6. Patricia L. Wadsack 7. Lauren Prieur 8. Doug Black 9. Jesica McEachern 10. Jannette Goodall 11. TPW Contracts Department Initials Date Out TPW - Review J Apr 15, 2024 TPW - Signature Appvd via Agiloft Mar 29 2024 Oncor - Signature AWG Apr 22, 2024 TPW — Approval Appvd via Agiloft Apr 12024 TPW — Approval kppvd via Agiloft Apr 3 2024 TPW — Approval Apr 23, 2024 TPW — Signature Apr 23, 2024 LP Legal — Signature o� Apr 26, 2024 CMO — Signature im May 1, 2024 CSO - Signature ,ya May 1, 2024 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ® For Your Information ® Signature/Routing and or Recording ® Comment ❑ File Return To: Please notify TPWContracts(&,fortworthtexas.eov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!