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HomeMy WebLinkAboutContract 62074Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 WR #: 25945738 Transaction ID: 29735 This Discretionary Service Agreement ("Agreement") is made and entered into this 26 day of September 20241 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 Texas muni ci pal 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. Customer requested relocation of Oncor facilities. City of Fort Worth agrees to complete all tree trim to oncor standards prior to work. Total cost $9,776.15 to be received prior to Oncor scheduling of work. 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 Ta riff. 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 construction is comDl eted and Davment has been made in full . 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: OFFICIAL RECORD Oncor Electric Delivery CITY SECRETARY Company LLC P.O. Box 910104 FT. WORTH, TX Dallas Tx 75391-0104 Docusign Envelope ID: 7B413E30-895F-441B-AD25-F44E854450B2 WWW.ONCOR.COM Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 (b) If to Customer: City of Fort worth Juan Francisco 1815 Jenson Rd Fort worth, TX 76112 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. City of Fort worth Juan Francisco 100 Fort Worth Tr Fort worth, Tx 76102 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 ma y 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) b) Customer 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. 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: SiQAaWW1018BAB49F... Ramiro Torres Printed Name Utility Design Associate Title 09/26/2024 1 1:11:46 PM CDT Date CITY OF FORT WORTH Custc &�db'ompany Name ig aoBZCzsEA36E14F9... JUAN F SERRANO Printed Name Juan F Serrano Title 09/26/2024 1 1:16:24 PM CDT Date Docusign Envelope ID: 7B413E30-895F-441B-AD25-F44E854450B2 WWW.ONCOR.COM Fo Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Dana Bur hg dof f By: Dana Burghdoff (Oct 2, 2024 17:49 CDT) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: 10/02/2024 Approval Recommended: By: U Name: Marilyn Marvin Title: Interim Director, Property Management Attest:FORr�aad goovongIln oo-09d �o �`�kA ono o:d orEXA`�o4p Pad �bURonao By: Name: Jannette Goodall Title: City Secretary VENDOR: Oncor Electric By. NA (See DA Agreement) Name: Ramiro Torres Title: Utility Design Associate Date: 9/26/24 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�� Name: Nikita Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By; Douglas Black (Sep 30, 2024 10:06 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M&C: 24-0496 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 FT. WORTH, TX Page 1 of 2 Statement of Charges PO Box 910104 Date: 9/16/2024 Dallas TX 75391-0104 Project No: 25945738 Transaction Id: 29735 Torres, Ramiro 682 717 3031 Ramiro.Torres2@oncor.com Bill To: Project Location JUAN SERRANO Street Address: City Of Fort Worth 1815 JENSON RD 100 Fort Worth Trail City: Fort worth Fort Worth, TX 76102 County: Tarrant Billing Description customer requested relocation $9,776.15 Price quoted is valid for thirty (30) days from the date of this document. Total ', • • Remittance Options: Check Instructions Make all checks payable to Oncor Electric Delivery Company, LLC Please put the Transaction ID & Project No. in the Check Memo 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) FederalTax 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 Kaylen.Blankenship2@oncor.com Credit Card Instructions We accept VISA and MasterCard. We do not accept Debit Cards Browse to: oncor.com/Constructionpav Enter Transaction ID: 29735 Enter Service Address Zip Code: 76112 Total Charges: $9,776.15 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 RemitTo Oncor Electric Delivery Company, LLC Attn: Blankenship, Kaylen; Torres, Ramiro PO Box 910104 Dallas TX 75391-0104 Customer Name City Of Fort Worth Project Number: 25945738 Transaction ID: 29735 Total Amount Paid: $9,776.15 A CITY COUNCIL AGEND Create New From This M&C FORTWORTI1 REFERENCE **M&C 24- 21 MEADOWBROOK GOLF DATE: 6/11/2024 NO.: 0496 LOG NAME: COURSE MAINTENANCE FACILITY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 11) Authorize Execution of a Contract with CGC General Contractors, Inc. in the Amount of $1,213,675.00, for Construction of the Meadowbrook Golf Course Maintenance Facility Located at the Meadowbrook Golf Course, Adopt Appropriation Ordinance to Allocate American Rescue Plan Act State and Local Fiscal Recovery Funds in the Amount Up to $2,020,500.00, and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with CGC General Contractors, Inc. in the amount of $1,213,675.00, for construction of the Meadowbrook Golf Course Maintenance Facility; 2. Approve the allocation in the amount up to $2,020,500.00 from the American Rescue Plan Act, Subtitle M (Coronavirus State and Local Fiscal Recovery Funds), for transfer to the Grants Cap Projects Federal Fund for the purpose of eligible capital improvements for Meadowbrook Golf Course - Maintenance Facility Replacement; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund, in the amount up to $2,020,500.00, transferred from the Grants Operating Federal Fund, for the purpose of funding the Meadowbrook GC - Maint BLD project (City Project No. 104389); and 4. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with CGC General Contractors, Inc. in the amount of $1,213,675.00, allocate and appropriate additional American Rescue Plan Act (ARPA) funding in the amount up to $2,020,500.00 for the Meadowbrook Golf Course Maintenance Facility located at the Meadowbrook Golf Course, 1815 Jenson Road. This eight -bay, 4,000 square foot, maintenance operations facility will replace the existing faux log cabin building built circa 1939. On September 27, 2022, (M&C 22-0789), Council authorized the allocation of $39,894,452.00 of American Rescue Plan Act (ARPA) Subtitle M State and Local Fiscal Recovery Funds (SLFRF) to eligible projects and to approve the appropriations necessary for the transfer of SLFRF funding to capital projects for the Transportation & Public Works and Park & Recreation Departments. The ARPA SLFRF Revenue Recovery category also held $5,000,000.00 earmarked for the Texas A&M Innovation HUB project. Upon review of the ongoing project timeline, City leadership determined the remaining earmarked funds would not be able to be obligated by the ARPA deadline of December 31, 2024, and the best course of action was to remove the earmark for the remaining funds (M&C 24- 0459) and identified a portion for the Meadowbrook Golf Course - Maintenance Facility replacement project. STATUS AMOUNT M&C Total CFW ARPA $173 745,090.0021-0445 362021 AMERICAN RESCUE PLAN Subtitle M Funding Allocations Approved 6,000,000.0021-0794 25ARPA-VFW-TDG To- Date Allocations Approved 1,000,000.0021-080513ARPA-ADMINISTRATION To- Date Allocations 21-0810 17ARPA ALLOCATIONS EVANS & ROSEDALE Approved 4,245,533.42REDEVELOPMENT To- Date Allocations Approved 2,400,000.0021-0811 17ARPA ALLOCATIONS UNTHSC TECHSTARS To- Date Allocations 21-0814 19ARPA ALLOCATIONS TO HOUSING AND Approved 10,100,000.00HUMAN SERVICES PROJECTS To- Date Allocations 21-0809 19ARPA ALLOCATION CDFI FRIENDLY Approved 3,000,000.00AMERICA To- Date Allocations Approved 300,000.0021-0820 25ARPA-WRMC MURAL PLAQUES To- Date Allocations Approved 6,400,000.0021-0935 21ARPA-PEG FUNDING -FUTURE CITY HALL To- Date Allocations Approved 8,000,000.0021-0908 23ARPA-VACCINATIONS AND TESTING To- Date Allocations 21-0913 25ARPA- Approved 4,560,000.00PED\\\\\\\\\\\\\\\ CAPITAL\\\\\\\\\\\\\\\ RESTORE To- Date — — Allocations 21-0934 21ARPA-FWCC EXPANSION FUNDING & Approved 52,000,000.00PROJECT MANAGEMENT To- Date Allocations Approved 3,000,000.0022-0268 17ARPA CENTER FOR TRANSFORMING LIVES To- Date Allocations 22-0270 19ARPA ALLOCATION FOR PERMANENT Approved 5,000,000.00SUPPORTIVE HOUSING to- Date Allocations 22-0368 04ARPANEIGHBORHOOD WIFI CARES Approved 7,091,047.00 RATIFICATION/ARPA ALLOCATION to- Date Allocations Approved 3,595,000.0022-0366 04ARPA INFRASTRUCTURE PROGRAM to- Date Allocations Approved 3,675,000.0022-0367 04ARPA CYBERSECURITY PROGRAM to- Date Allocations 22-0789 MMA INFRASTRUCTURE — STREETLIGHTS & Approved 16,000,000.00PEDESTRIAN SAFETY to- Date Allocations 22-0789 MMA INFRASTRUCTURE — COBB & HIGHLAND Approved 2,500,000.00HILLS PARKS to- Date Allocations Approved 3,200,000.0022-0789 TARRANT AREA FOOD BANK FACILITY to- Date Allocations 22-0789 POLICE AND FIRE COVID WORKER'S Approved 2,000,000.0000MPENSATION CLAIMS to- Date Allocations Approved 1,458,372.0022-0789 POLICE COVID HEALTH EXPENDITURES to - Allocations 22-0789 VISIT FORT WORTH SPECIAL EVENT Approved 750,000.00FUNDING to- Date Allocations Approved 4,411,080.0022-0789 UNITED WAY ONE SECOND COLLABORATIVE to- Date Allocations 22-0789 DEEPLY AFFORDABLE HOUSING Approved 8,000,000.00INFRASTRUCTURE & DRAINAGE to- Date Allocations 22-0789 FORT WORTH ZOO ROAD REPAIR, EROSION Approved 1,500,000.0000NTROL, BROADBAND to- Date Allocations 22-0789 TX WESLEYAN ON -CAMPUS PUBLIC UTILITY Approved 200,000.00RELOCATION to- Date Allocations 22-0789 WILL ROGERS MC AIR HANDLER Approved 1,925,000.00REPLACEMENT to- Date Allocations 22-0789 WILL ROGERS MC CONCOURSE, LOBBY AND Approved 5,950,000.00RESTROOM UPDATES to- Date Allocations Approved 2,000,000.0023-0284 ARPA FWTC INNOVATION PARTNERSHIP to- Date Allocations Approved $50,000.0023-0518 60WSTAMUS ILA to- Date Allocations 23-0609 Approved $100,000.00ARPA\\\ CENTRAL\\\ MULTIMODAL\\\ MOBILITY\\\ HUB to- Date — — — — Reclaimed-4,216,902.0023-0609 Allocations ARPA\\\ CENTRAL\\\ MULTIMODAL\\\ MOBILITY\\\ HUB Allocations 23-0925 RFP 22-0146 BROADBAND ENHANCEMENTS Approved 4,500,000.00CH CITY to- Date Allocations Approved 596,275.0024-0180 WSTAMUS-MCO to- Date Reclaimed-5,207,162.9624-0459 13UPDATE AMERICAN RESCUE PLAN Allocations ALLOCATIONS Allocations 24-0458 2020INT IMPROV N. BEACH ST/WESTERN Approved 515,000.00CENTER BLVD APPROPRIATION to- Date Pending 2,020,500.00 21MEADOWBROOK GOLF COURSE MAINTENANCE Allocation FACILITY (This M&C) 5,126,347.54Unallocated Balance On February 15 and February 22, 2024, the City published notice of a Request for Competitive Sealed Proposals in the Fort Worth Star -Telegram. On March 14, 2024, five proposals were received. Of the five responses, CGC General Contractors, Inc., A&C Construction, Inc. and Falkenberg Construction provided the Post Proposal -Pre -Award Submittals. The three proposals were reviewed by members of the Parks and Recreation Department, M/WBE Office and the Property Management Department and were evaluated for best value based on the criteria set forth in the Request for Proposals. The selection team recommends awarding the construction contract to CGC General Contractors, Inc. Criteria Proposed Price Score Proposed Schedule References/ Experience Past work in Fort Worth TOTAL CGC General A&C Falkenberg Contractors, Inc Construction, Inc. Construction 60 54 45 19 17 14 10 8 5 5 5 4 94 84 68 The overall project costs are expected to be as described in table below: Meadowbrook Golf Course Maintenance Facility TOTALS Architectural and Engineering Design $ 98,750.00 Construction Contract (including Owner's Construction Contingency $1,213,675.00 Allowance) Project Administration Cost: Project Management, Bid, Survey, Advertisement, Site Utilities, IT, Security, Project Management, $708,075.00 Contingency, Etc. PROJECT TOTAL $2,020,500.00 Funding —Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program (CIP) because this project was unknown at the time of CIP development. The action in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Business Equity Division - The Business Equity Division placed a 12\% business equity goal on this solicitation/contract. CGC General Contractor, Inc., has agreed/committed to utilize 12.64\% business equity sub -consultant participation for the scope of work, meeting the City's Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICT 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the American Rescue Plan Act project within the Grants Operating Federal Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Grants Cap Projects Federal Fund for the Meadowbrook GC - Maint BLD project to support the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Parks & Recreation Department shall be responsible for ensuring funds are available and that only expenditures allowable under the American Rescue Plan Act are charged to the ARPA funding source. Grant funds will be transferred to the Grants Cap Projects Federal Fund for the project on a reimbursement basis. TO Fund Depai tment Account Project program Activity BYear udget Reference # Amount (Ch FROM Fund Department Account Prop ct program Activity BYear udget Referee # Amount ID renc (C Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Dana Burghdoff (8018) Marilyn Marvin (7708) Nikita Watts (2028) Brian Glass (8088) ATTACHMENTS 21 MEADOWBROOK GOLF COUSE MAINTENANCE FACILITY funds availabilitv.pdf (CFW Internal) 21 MEADOWBROOK GOLF COUSE MAINTENANCE FACILITY Updated FID.xlsx (CFW Internal) Approved & Signed Compliance Memo.pdf (CFW Internal) Form 1295 Certificate 101181258.pdf (CFW Internal) ORD.APP 21 MEADOWBROOK GOLF COUSE MAINTENANCE FACILITY 31001 A024(r3).docx (Public) SAM CGC General Contractors Inc.pdf (CFW Internal) Table for ARPA MCs.xlsx (CFW Internal)