HomeMy WebLinkAboutContract 616336.3 Agreements and Forms
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
CSC No. 61633
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009
6.3.5 Discretionary Service Agreement
Page 1 of2
WR# 20376152
Transaction ID: ____ _
This Discretionary Service Agreement ("Agreement") is made and entered into this 23rd day of May , 2024 , by Oncer
Electric Delivery Company LLC ("Oncer Electric Delivery Company" or "Company"), a Delaware limited liabilit y company and distribution utility,
and City of Fort Worth ("C ustomer''), 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 between IH 820 and Salado Trail. It is
proposed to install 3 Switchgears, 10 Pullboxes,~4500 ft of 1000 kcmil Al UG Primary, 2-6" Conduits, 3-6" Primary Risers, ~112.4 ft of #2 Al
Secondary Conductor. Customer agrees to reimburse Company in the amount of $519,609.30 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 ("PUCT")
Substantive Rules and Company's Tariff for Retail Delivery Service (induding 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 Ch arges -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 untilcompletion of construction . Termination of this Agreement does not relieve Company or Cust omer of any
obligation accrued or accruing prior to termination.
5. No Other Obligations -This Agreement does no t obligate Company to provide, or entitle Customer to receive, any service
not expressly provided for herein. Customer is re sponsible 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 ma y be amended only upon mutual agreement of th e 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 -Th is Agreement, in duding 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, induding without limitation ____ N/A and all such agreements and undertakings
are agreed by the Parties to no longer be of any force or effe ct. It is expressly acknowledged tha 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 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) lf to Company:oncor Electric DeliveryAttn· Alan Cantu Garzazzz Main st Sujte 1033-28
Fort Worth TX 76102-5304
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:
Citv of Fort Worth
ATTN: 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.
Page 2 of 2
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: Mitch Aiton, P.E.
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. Tazes -- All present or future federal, state, muicipal, or oter lawful ta xes (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 C ounterparts -- This Agreement may be executed in two or m ore 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 August
21 st, 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
,a�, �a��7a�
,r����,� �.��T
Signature
Anthony Gordon
Printed Name
Manager of Design Services
Title
J u n 20, 2024
Date
City of Fort Worth
Customer / Entity
: `��� �--
Signature
Jesica McEachern
Printed Name
Assistant City Manager
Title
J u l 2, 2024
Date
C�NC R
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ATTEST:
�;,.�
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
;r_,xL, By: Lau�en Prieur (Jun 25, 2024 09:46 CDT)
Lauren Prieur, PE, PMP, CCM
Director, Transportation & Public Works
APPROVED AS TO FORM AND LEGALITY
�
By:oouglas Black (Jun 28,202410:04CDT) ..,.M.:.;:&"'"'C:a....:..Na.;:o;,.:.;. : ___ =2-=-1--0-6.:..7 __ 1 _______ _
Douglas W Black
Sr. Assistant City Attorney M&C Date: 9-14-2021
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. Mitchett Alton Mitchell Aiton (Jun 10, 202415:42 CDT)
Mitch Aiton, PE, PMP
Sr Professional Engineer
��� �����
S/15/2023
Mr. Alan Cantu Garza
Oncor Electric Delivery
777 Main St Suite 1033-28
Fort Worth, TX 76102
RE: DSA Dated October 8, 2021, City Secretary Contract No. 56446
Dear Mr. Garza:
The City of Fort Worth and Oncor Electric Delivery agreed to relocate the existing overhead
electric lines to underground along Trinity Boulevard between IH 820 and Salado Trail in
association with the City of Fort Worth Project Number 102101 Trinity Boulevard. This
agreement was approved by the City of Fort Worth Council to not exceed the amount of
$520,000 via M&C 21-0671 on September 14, 2021. This agreement, City Secretary Number
56446, was signed on October 8, 2021, for reimbursement of then-projected costs in the
amount of $374,934.56. Subsequently, Oncor requested a delay in relocating the lines until the
road was installed at its final elevation by the city contractor so as to prevent the Oncor
facilities from being placed at an unmanageable depth. The City agreed to this idea. As a result,
some of the previously itemized quantities have changed in addition to general price increases
over time.
With the road now at final grade, the City and Oncor have agreed to a revised reimbursement
value of $519,609.30. This letter is requesting that Oncor agree to terminate the existing City
Contract 56446, with a reimbursement value of $374,934.56, and to memorialize an
understanding that the parties will enter into a new contract with revised scope and costs in
the amount of $519,609.30.
Please provide written confirmation with Oncor's acceptance of this approach.
Thanks,
Mitch Aiton
Sr. Project Manager
City of Fort Worth
Mitchell.Aiton(a�fortworthtexas.�ov
682-715-9424
Transportation and Public Works Department
The City of Fort Worth * 200 Texas St * Fort Worth, Texas 76102
ONC� R�
�/ THINK 61G.
THINK TEXAS.
5/22/2024
Mitch Aiton
Sr. Professional Engineer
200 Texas Street
Fort Worth, Texas 76102
Dear Mitch Aiton,
Oncor Electric Delivery agrees to terminate the existing City Contract 56446 of $374,934.56
and procure a new contract in the amount of $519,609.30.
Sincerely,
Alan Cantu Garza, EIT
Engineer
Oncor I Design Services
777 W Main Street, Suite 1033-28
Ft. Worth, Texas 76102
Oncor � Think Big. Think Texas.
1616 Woodall Rodgers Freeway, Dallas, Texas 75202
1.888.875.6279. � Oncor.com
��� �����
S/22/2023
Mr. Alan Cantu Garza
Oncor Electric Delivery
777 Main St Suite 1033-28
Fort Worth, TX 76102
RE: Termination of DSA Dated October 8, 2021, City Secretary Contract No. 56446
Dear Mr. Garza:
The City of Fort Worth is in receipt of your letter dated May 22, 2024(attached hereto),
agreeing to terminate the above-referenced DSA in favor of executing a revised DSA capturing
actual project costs. Taking this action will allow Oncor Electric Delivery and the City to perform
on the agreement to relocate the existing overhead electric lines to underground along Trinity
Boulevard between IH 820 and Salado Trail in association with the City of Fort Worth Project
Number 102101 Trinity Boulevard. This agreement was approved by the City of Fort Worth
Council to not exceed the amount of $520,000 via M&C 21-0671 on September 14, 2021. The
agreement, City Secretary Number 56446, was signed on October 8, 2021, for reimbursement
of then-projected costs in the amount of $374,934.56. The City of Fort Worth and Oncor
Electric Delivery hereby agree to terminate the existing City Contract 56446, and to enter into a
new DSA with revised scope and costs in the amount of $519,609.30.
Please let me know if you have any questions.
Thank you,
Lauren L. Prieur, PE, PMP, CCM
Direction - TPW
City of Fort Worth
Lauren.Prieur@fortworthtexas.�ov
817-392-6035
CC. Mitch Aiton
City Secretary
Transportation and Public Works Department
The City of Fort Worth * 200 Texas St * Fort Worth, Texas 76102
6/27/24, 4:30 PM
CITY COUNCIL AGENDA
Create New From This M�C
DATE: 9/14/2021 REFERENCE **M&C 21-
NO.: 0671
F{�RT��'ORTI�
_�v
LOG NAME: 20TRINITY ONCOR RELOC
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 5) Authorize the Execution of Discretionary Service Agreement with Oncor Electric
Delivery Company, LLC in the Amount of $520,000.00 for the Relocation of Overhead
Utilities and Installation of Underground Utilities Along Trinity Boulevard from Interstate
Highway 820 to Riverlakes Drive.
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a discretionary service agreement
for the relocation of overhead utilities and the installation of underground utilities along Trinity
Boulevard from Interstate Highway 820 to Riverlakes Drive with Oncor Electric Delivery Company,
LLC in the amount not to exceed $520,000.00 (City Project No. 102101).
DISCUSSION:
On January 31, 2013, the Board of Tax Increment Reinvestment Zone Number Fourteen (Trinity Lakes
TIF) adopted a project and financing plan for the Trinity Lakes TIF, which was approved by the City
Council by ordinance and in accordance with Section 311.011 of the Texas Tax Code. Included in the
project and financing plan were certain proposed infrastructure improvements to Trinity Boulevard
intended to mitigate flooding, enhance walkability, and support the development of surrounding
properties (Mayor and Council Communication 20-0939).
Trinity Boulevard is a major corridor with proposed mixed use and commercial development which will
provide access to the proposed Trinity Metro rail station. It is desired to bury the franchise utilities to
improve the corridor aesthetics. Oncor Electric Delivery Company, LLC (Oncor) proposes to relocate
approximately 3,300 linear feet of overhead electric lines on the south side of Trinity Boulevard
by installing approximately 3,300 linear feet of underground electric line from Interstate Highway 820
to Riverlakes Dr.
The Discretionary Service Agreement (DSA) is for an amount not to exceed $520,000.00. Upon
authorization and execution of the DSA, Oncor will perform the scope of work and invoice the City for
actual cost of work. City staff considers this cost to be fair and reasonable for the proposed scope of
services. The local developer, Trinity Lakes Partners, LLC, will share the cost of the work by
reimbursing the City with the City's maximum participation being $260,000.00.
Construction of Trinity Boulevard is anticipated to begin in Spring 2022. Funding for this project is
being provided from the Trinity Lakes TIF program.
The Project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the current capital budget, as
appropriated, in the Trinity Lakes CO 2021 Fund to support the approval of the above
recommendation and execution of the agreement. Prior to an expenditure being incurred,
the Transportation and Public Works Department has the responsibility to validate the availability of
funds.
M&C Review
apps.cfwnet.org/council_packeUmc_review.asp?I D=29219&councildate=9/14/2021 1 /2
6/27/24, 4:30 PM
TO
rFund Department Account Project
� ID � ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
M&C Review
Program � Activity Budget Reference # Amount
_ Year (Chartfield 2)
Dana Burghdoff (8018)
William Johnson (7801)
Monty Hall (8662)
ATTACHMENTS
20TRINITY ONCOR RELOC funds availability.docx (CFW Internal)
20TRINITY ONCOR RELOC.xlsx (CFW Internal)
TRINITY LAKES TIF IMPROVEMENTS MAP.PDF (Public)
apps.cfwnet.org/council_packeUmc_review.asp?ID=29219&councildate=9/14/2021 2/2
102101-DSAG-Trinity
Final Audit Report
Blvd Phase 1 Oncor DSA
2024-06-20
Created:
By:
Status:
Transaction ID:
2024-06-10
Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Signed
CBJCH BCAABAAZtogGytY394wVyk-AxbHZ8sQh4klth9x
"102101-DSAG-Trinity Blvd Phase 1 Oncor DSA" History
�: Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2024-06-10 - 8:34:08 PM GMT- IP address: 204.10.90.100
Document emailed to Jessica Rodriguez (jessica.rodriguez@fortworthtexas.gov) for filling
2024-06-10 - 8:37:53 PM GMT
Document emailed to Mitchell Aiton (mitchell.aiton@fortworthtexas.gov) for signature
2024-06-10 - 8:37:53 PM GMT
' Document emailed to anthony.gordon@oncor.com for signature
2024-06-10 - 8:37:54 PM GMT
� Email viewed by Mitchell Aiton (mitchell.aiton@fortworthtexas.gov)
2024-06-10 - 8:40:11 PM GMT- IP address: 204.10.90.100
:� Document e-signed by Mitchell Aiton (mitchell.aiton@fortworthtexas.gov)
Signature Date: 202406-10 - 8:42:18 PM GMT - Time Source: server- IP address: 204.10.90.100
'.� Email viewed by Jessica Rodriguez (jessica.rodriguez@fortworthtexas.gov)
2024-06-10 - 8:57:39 PM GMT- IP address: 204.10.90.100
��� Form filled by Jessica Rodriguez (jessica.rodriguez@fortworthtexas.gov)
Form filling Date: 2024-06-10 - 9:02:55 PM GMT - Time Source: server- IP address: 204.10.90.100
� � Email viewed by anthony.gordon@oncor.com
2024-06-20 - 3:54:56 PM GMT- IP address: 199.16.161.85
:'�� Signer anthony.gordon@oncor.com entered name at signing as Anthony Gordon
2024-06-20 - 3:57:18 PM GMT- IP address: 199.16.161.85
�=�� Document e-signed by Anthony Gordon (anthony.gordon@oncor.com)
Signature Date: 202406-20 - 3:57:20 PM GMT - Time Source: server- IP address: 199.16.161.85
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2024-06-20 - 3:57:20 PM GMT
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102101-DSAG-Trinity Blvd Phase 1 Oncor DSA
Final Audit Report
2024-06-27
Created: 2024-06-25
By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
Status: Canceled / Declined
Transaction ID: CBJCHBCAABAAtSy40jL15L3wWUdASZ71mmDdzVUakTQU
"102101-DSAG-Trinity Blvd Phase 1 Oncor DSA" History
Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov)
2024-06-25 - 2:28:30 PM GMT- IP address: 204.10.90.100
Document emailed to Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) for signature
2024-06-25 - 2:33:46 PM GMT
�= �:: Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov)
Signature Date: 2024-06-25 - 2:46:03 PM GMT - Time Source: server- IP address: 166.205.54.32
' Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval
2024-06-25 - 2:46:22 PM GMT
Email viewed by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov)
2024-06-25 - 3:17:09 PM GMT- IP address: 204.10.91.100
: E� Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov)
Approval Date: 2024-06-25 - 3:17:35 PM GMT - Time Source: server- IP address: 204.10.91.100
Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature
2024-06-25 - 3:17:37 PM GMT
Document declined by Douglas Black (Douglas.Black@fortworthtexas.gov)
Decline reason: Please attach the M&C.thx.
2024-06-27 - 5:18:48 PM GMT- IP address: 204.10.90.100
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FORTWORTH�
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCiTMENT TITLE: Trinity Blvd Phase 1 Oncor DSA
M&C: 21-0671 CPN: 102101 CSO: N/A
Date: 6/10/2024
To:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
Name
Jessica Rodriguez
Mitch Aiton
Anthony Gordon - Oncor
Raul Lopez
Lissette Acevedo
Patricia L. Wadsack
Lauren Prieur
Doug Black
Jesica McEachern
Jannette Goodall
TPW Contracts
Department
TPW - Review
TPW - Signatur�
Oncor - Signatur
TPW — Approv�
TPW — Approv�
TP W — Approv�
TPW — Signatur
Legal — Signatur
CMO — Signatur
CSO - Si�naturE
DOC#: N/A
Initials Date Out
Jun 10, 2024
J u n 10, 2024
J u n 20, 2024
�� �
�� ��
J u n 25, 2024
J u n 28, 2024
J u l 2, 2024
J u l 3, 2024
CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW
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and take the next steps.
NEEDS TO BE NOTARIZED: ❑YES �No
RUSH: ❑YES �No SAME DAY: ❑YES �No
ROUTING TO CSO: �YES ❑No
NEXT DAY: ❑YES �No
Action Required: ❑ Attach Signature, Initial and Notary Tabs
❑ As Requested
� For Your Information
� Signature/Routing and or Recording
� Comment
❑ File
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