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HomeMy WebLinkAboutContract 61638CSC No. 61638 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: May 1, 2023 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3.1 Facilities Extension Agreement WR Number: Transaction ID: Premise Number: District: Region: 21173762 0 6612008 ABC Arlington This Agreement is made between The City of Fort Worth ,hereinafter called "Customer" and Oncor Electric Delivery Company LLC, a Delaware limited liability company, hereinafter called "Company" for the extension of Company Delivery System facilities, as hereinafter described, to the following location 4500 Wilma Ln, Arlington, TX 76102 The Company has received a request for the extension of: (check all that apply) � STANDARD DELIVERY SYSTEM FACILITIES TO NON-RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customers estimated maximum demand requirement of 14,990 kW ("Contract kW"). The Delivery System facilities installed hereunder will be of the character commonly described as 7200/12480V volt, 3 phase, at 60 hertz, with reasonable variation to be allowed. 0 STANDARD DELIVERY SYSTEM FACILITIES TO RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve: All-electric residential lot(s)/apartment units, or (Number of lots/units) Electric and gas residential lot(s)/apartment units. (Numberoflots/unlts) The Delivery System facilities installed hereunder will be of the character commonly described as volt, phase, at 60 hertz, with reasonable variation to be allowed. 0 Non-STANDARD DELIVERY SYSTEM FACILITIES Non-Standard KW Company shall extend/install the following non-standard facilities: ARTICLE I -PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company$ 175,830.62 as payment for the Custome�s portion of the cost of the extension of Company facilities, in accordance with Companys Facilities Extension Policy, such payment to be and remain the property of the Company. Subject to provisions in Article V. ARTICLE II -NON-UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This article, Article II, applies only to the installation of standard Delivery System facilities. a. The amount of Contribution in Aid of Construction ("CIAC") to be paid by Customer under Article I above is calculated based on the estimated data (i.e., Contract kW or number and type of lots/units) supplied by Customer and specified above. Company will conduct a review of the actual load or number and type of Jots/units at the designated location to determine the accuracy of the estimated data supplied by Customer. If, within four (4) years after Company completes the extension of Delivery System facilities, the estimated load as measured by actual maximum kW billing demand at said location has not materialized or the estimated number and type of dwelling units/lots at said location have not been substantially completed, Company may, at its sole discretion, re-calculate the CIAC based on actual maximum kW billing demand realized or the number and type of substantially completed dwelling units/lots, or extend the four (4) year time frame. Company will work with Customer to determine whether recalculating the CIAC is appropriate. For purposes of this Agreement, a dwelling unit/lot shall be deemed substantially completed upon the installation of a meter. The installation of a meter in connection with Te mporary Delivery Service does not constitute substantial completion. b. Customer will pay to Company a "non-utilization charge" in an amount equal to the difference between the re-calculated CJAC amount and the amount paid by Customer under Article I, above. Companys invoice to Customer for such non-utilization charge is due and payable within fifteen (15) days after the date of the invoice. c. Customer will, prior to or contemporaneous with signing this Agreement, or as soon thereafter as reasonably possible, supply a load profile or load ramp document in support of the Contract kW set out above. ARTICLE III - TITLE AND OWNERSHIP Company at all times shall have title to and complete ownership and control over the Delivery System facilities extended under this Agreement. Once any rights-of way or easements have been procured, regardless of the passage of time and the level of activity, the Company never intends to abandon any rights-of-way or easements unless the Company specifically states, in writing, the intention to do so, and the Company then takes additional specifc affirmative action to effectuate the abandonment. ARTICLE IV - GENERAL CONDITIONS Delivery service is not provided under this Agreement. However, Customer understands that, as a result of the installation provided for in this Agreement, the Delivery of Electric Power and Energy by Company to the specified location will be provided in accordance with Rate Schedule Primary Service Greater Than 10kW- Distribution Line , which may from time to time be amended or succeeded. This Agreement supersedes all previous agreements or representations, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized represe�tatives. ARTICLE V - DISCLOSURE Customer has disclosed to Company all underground facilities owned by Customer or any other parry 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 directly or indirectly from damage to such undisclosed or unknown facilities. Number of meters: 1 ARTICLE VI - PROHIBITION ON AGREEMENTS WITH CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE Customer represents and warrants that it does not meet any of the ownership, control, or headquaRers criteria listed in Lone Star Infrastructure Protection Act, Chapter 117 of the Texas Business & Commerce Code (relating to China, Iran, North Korea, Russia, and any other country designated by the Texas governor as a threat to critical infrastructure). ARTICLE VII -- OTHER SPECIAL 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. This Agreement has limited transfer rights. Any new owner, tenant, lessee of Customer, or new customer ("New Owner') served from facilities covered in this Agreement, must secure a separate agreement with the Company within 120 days of the date of ownership change. If New Owner does not secure a new agreement within those 120 days then this agreement shall be null and void. It is important for the Company and any New Owner to reach agreement on the capacity needed and that can be made available at that time. Any substation, feeder, or transformer capacity held in reserve for Customer by this Agreement, in excess of Customer's usage at the time of ownership change, is non-transferable to a New Owner. Should Customer permanently discontinue service, this agreement shall terminate and any substation, feeder, or transformer capacity held in reserve for this service shall be forfeited by the customer. Any discontinuation of service will require a new agreement to be executed by both parties. iii. Customer shall implement, to the extent reasonably practicable, the practice outlined in IEEE 519-2014, Recommended Practice and Requirements for Harmonic Control in Electric Power Systems, or any successor IEEE standard. If Oncor determines that a customer has created excessive harmonics that causes or are reasonably likely to cause another customer to receive unsafe, unreliable or inadequate etectric service, Oncor will follow the process outlined in PUCT Substantive Rule § 25.51, Power Quality, to remedy the effects of the harmonics issue. Motor Starting Restrictions: Max Starting Capacity: 2500 KVA Max motor starts at one time: One Max motor starts per hour: Two iv. Customer acknowledges and agrees that in the event that i() Customer elects not to have the delivery system facilities installed, or (ii) the delivery system facilities are not installed for any reason through no fault of Company, Customer agrees to reimburse Company for all costs and expenses incurred by Company in connection with this Agreement, including but not limited to costs for the equipment necessary to construct the delivery system facilities. Such payment shall be made within 30 days of delivery by the company of documentation evidencing the amount of reimbursement due to Company. v. Customer will, prior to or contemporaneous with signing this Agreement, or as soon thereafter as reasonably possible, supply a load profile or load ramp document in support of the Contract kW set out above. If (a) Customer fails to provide a load ramp or load prof le by the end of the second year after Company completes the extension of Delivery System facilities ("second year of service"), or (b) Customer provides a load ramp or load profile and the actual kW billing demand for the second year of service is ten percent (10%) or more below that Contract kW amount set out in the load profile or load ramp document; then at the end of the second year of service the Contract kW shall be set equal to the highest kW billing demand reached during the second year of service and shall be reset every year thereafter to equal Customer's highest kW billing demand during the prior two years, but in no event higher than the then-existing Contract kW amount, unless Customer and Company reach a new agreement on a new contracted kW. vi. Customer agrees, upon Company construction completion, within 90 days to accept service by applying with a Retail Electric Provider and initiating a MOVE IN for a meter set. If ineter set is not established then Customer will forfeit this agreement and will be required to resubmit their request. All capacity associated with agreement shall be available for other request. vii. All easements shall be granted & conveyed to Company Prior to any of Company's facilities, equipment, or infrastructure being placed on Customer's private property. viii. Any Company up-line protective device exists solely for the purpose of protecting company facilities and does not exist to provide protection (either limiting fault magnitude or duration) for facilities not owned by Company. ix. In no event shall on-site generation, at any time, be interconnected, or allow closed or soft transition to Company's electric distribution system. Customer must secure a Distributed Generation (DG) interconnection agreement at Customer's expense for Company to allow a closed or soft transition to Company's Electric Distribution System. Company will not energize closed transition system without an executed agreement. All emergency generation must be open transition. x. The customer understands and agrees that this Agreement contains the entire agreement of the parties with respect to subject matter hereof and supersedes all previous agreements and understandings beriveen the parties with respect to its subject matter. Superseding Agreement xi. Customer will not under any circumstances connect Company's circuits together. Customer Facilities shall meet all applicable federal, state, Iocal construction, operation, and safety codes. The design of Customer's facilities is subject to Company's review as to provide safe, compatible, and reliable operation with Company's Facilities so as not to reduce or adversely impact the quality of electric service being provided by Company to all Customers. Customer is responsible for the protection of equipment owned by Customer beyond the Points of Delivery, as specifed in Company's Retail Electric Delivery Tariff. Customer's relaying and protection schemes will coordinate with the Company's Facilities relaying. Customer shall provide to Company for review its one-line relay functional diagram showing all of Customer's relaying and protection schemes prior to finalizing design of those facilities. Customer shall submit, for review by Company, prior to actual modification, any proposed change in the electrical design of the Customer's Facilities to permit Company to determine any resulting effect on the operations of the Company's Facilities. The provisions of this Paragraph will remain in effect as long as the Company's Facilities are connected to the Customer's Facilities. xii. Company shall provide Customer Redundant Feed by means of two separate 72 KV/ 12.48 KV feeders for totalized metered demand not to exceed 14, 990 kW. Should Customer request an alternate feed for a load in excess of 14,990 KW or if Customer's totalized metering demand exceeds 14,990 kW, Customer understands that a new agreement for electric service will be required and customer agrees to pay company for the costs associated with providing such service in accordance with Company's Tariff for Electric Service xiii. There will be 2 primary points of delivery. Each primary point of delivery will be limited to under standard operating conditions. Company is to limit the amount of load transferred between the Company's feeders to no more than 7,000 kW for ATO 1 and 8,000 KW forATO 2 with each transfer operation for a total of 14,990 KW maximum per point of delivery. ATO 1 is located in North-West side of Companys equipment yard and ATO 2 is located immediately South of ATO 2. You may refer to Exhibit A depicting company equipment layout. Customer is not to transfer any load between the company's feeders neither on the load nor on the line side. xiv, In the event of a Company Delivery System emergency, Company shall retain the right and responsibility to operate the system as necessary in order to maintain system integrity and reliability. Once Delivery System emergency conditions return to normal, customer two-way feed service will be returned to original configuration if applicable. ACCEPTED BY COMPANY: Oncor Electric Delivery Company LLC CDocuSiyned by: �46310263402 . Oncor Representative - Signature Cody Bossio QItCEPOTED BY CUSTOMER: (_, y Customer / Company Name � . GLP,Y FfGfYGiP,� i�YlffOl�`— -, . Customer Representative Signature Oncor Representative Printed Name New Construction Manager Oncor Representative - Title 07/O1/2024 I 11:01:39 AM CDT Customer Representative Printed Name Christopher Harder Customer Representative - Title Water Director Date Date JU� 1� 2�24 EXECUTED and EFFECTIVE as of the date last written by a signatory below. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date:Jul 3, 2024 ATTEST: FA� Jannette Goodall City Secretary APPROVAL RECOMMENDED: 'to In d By:christopher Har er (Jul 1, 202411 :43 CDT) Chris Harder Director, Water Department APPROVED AS TO FORM AND LEGALITY By:oouglas Black (Jul 3, 202414:1 3 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: 24-0609 M&C Date: June 25, 2024 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. •to Chris Harder Water Director O�cial site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT��'ORTH � Create New From This M&C DATE: 6/25/2024 REFERENCE **M&C 24- LOG NAME: 60VCWRFONCORAGREEMENT NO.: 0609 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Discretionary Service Agreement with Oncor Electric Delivery Company LLC, in the Amount of $175,830.62 for System Improvements at the Village Creek Water Reclamation Facility RECOMMENDATION: It is recommended that the City Council authorize execution of a Discretionary Service Agreement with Oncor Electric Delivery Company LLC, in the amount of $175,830.62 for system improvements necessary to serve the estimated maximum load of 14,990 kilowatts at the Village Creek Water Reclamation Facility. DISCUSSION: Numerous projects at the Village Creek Water Reclamation Facility have resulted in increased electrical loads at the plant. As part of on-going dialogue between the Water Utility and Oncor related to power reliability and loading, Oncor assessed historical electrical loading, loading patterns, and loading distribution across the electrical feeders serving the plant. The result of this assessment was to recommend needed improvements to the electrical infrastructure necessary to reliably provide service, with contingency for future growth, sized around a maximum loading of 14,990 kilowatts (KW). Upon approval and execution of this agreement, Oncor will initiate electrical infrastructure improvements necessary to reliably provide service for an electrical demand at the Village Creek Water Reclamation Facility of up to 14,990 KW. Funding is budgeted in the General Operating & Maintenance category in the Water & Sewer Fund for the Wastewater Department. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund for the projects to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Fund Department Account Project ' Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount � ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Chris Harder (5020) Additional Information Contact: David Townsend (8430) ATTACHMENTS 06VCWRFONCORAGREEMENT FID Table (WCF 06.03.24).xlsx (CFW Internal) 60VCWRFONCORAGREEMENT.docx (CFW Internal) ONCOR. � PO Box 910104 Dallas TX 75391-0104 Bossio, Cody 4697242759 Cody. Bossio@oncor.com Statement of Charges Date: 2/26/2024 Project No: N/A Transaction ID: 26890 Bill To: Project Location Fernando Costa Street Address: City of Fort Worth, Water Department 4500 Wilma Ln 200 Texas St City: Arlington Fort Worth, TX 76012 County: Tarrant : . �- . . • . � - Two way feed service $175,830.62 Price quoted is valid for thirty (30) days from the date of this document. To�al :�. 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 Oncor Electric Delivery Company, LLC Attn: Rowe, Kayla; Bossio, Cody PO Box 910104 Dallas TX 75391-0104 Customer Name City of Fort Worth, Water Department Project Number: N/A Transaction ID: 26890 Total Amount Paid: $175,830.62