HomeMy WebLinkAboutContract 62085Tariff for Retail Delivery Service ,,`'�" R.
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms CSC No. 62085
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.5 Discretionary Service Agreement WR# 21763375
Transaction ID: 29821
This Discretionary Service Agreement ("Agreement") is made, and entered into this 20 day of September, 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, thefollowing
discretionary services in accordance with this Agreement.
The customer installed a vault entrance opening that was not the standard size entrance which requires Company to install custom grating.
The difference in cost between the standard and custom grating is $10,309.56.
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 (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
Upon Completion of all work associated with this vault modification proiect. 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 not 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 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, bet ween 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 Companv. LLC.
Nicholas Horvatich
777 Main St.
Fort Worth. TX. 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
1201 Houston St.
Fort Worth, TX. 76102
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
ONCPR.
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.
Citv of Fort Worth
Dana Burohdoff
200 Texas St.
Fort Worth. TX. 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, 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) 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)
Customer understands that in the event that when we remove the temporary standard grating to install the new customer grating and there is
damage to the standard grating, they will need to pay for that standard grating in full.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives.
Oncor Electric Delivery Comoanv LLC
7o�%I scag�ins
roads ,. 6roaa C a.a
Signature
Todd Scoggins
Printed Name
Manaoer of Network Svstems
Title
Oct 8, 2024
Date
Citv of Fort Worth
Customer / Entity
b� a_-4144
Signature
Dana Burghdoff
Printed Name
Assistant Citv Manaoer
Title
Oct 7, 2024
Date
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
bAuuz Bcc�AGu7 F
By:
Dana Burghd off (Oct'-!! 20242f:41 CDT)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
Date: Oct 7, 2024
Approval Recommended:
By:
Name: Marilyn Marvin
Title: Interim Director, Property Management
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Oncor
By: NA
Name: ----
Title: ----
Date:
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: )
Name: Nikita N. Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
N By. Dou;I.is Dl.ic�'O c i4. 2C«1C 3C CDT,
Name: Douglas Black
Title: Senior Assistant City Attorney
Contract Authorization:
M&C: NA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 11/22/2021 Project Name
Page 9 of 10
ONCPR. Statement of Charges
PO Box 910104 Date: 9/20/2024
Dallas TX 75391-0104 Project No: 21763375
Transaction ID: 29821
Horvatich, Nicholas
4692617890
Nicholas. Horvatich@oncor.com
Bill To: Project Location
Dana Burghdoff Street Address:
City of Fort Worth 1201 Houston St
401 West 13th Street City: Fort worth
Fort Worth, Texas 76102 County: Tarrant
Billing Description•
Difference in cost for custom vault entrance. $10,309.56
Price quoted is valid for thirty (30) days from the date of this document. $10,309.56
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 Jennifer. Harris@oncor.com
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
Attn: Harris, Jennifer; Horvatich, Nicholas
PO Box 910104
Dallas TX 75391-0104
City of Fort Worth
Project Number: 21763375
Transaction ID: 29821
Total Amount Paid:
$10,309.56
M&C Review
Page I of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORTWORTH
Create New From This M&C
DATE: 6/11/2024 REFERENCE
NO.:
CODE: C TYPE:
M&C 24-0494 LOG NAME:
NOW PUBLIC
CONSENT HEARING:
21 FORT WORTH
CONVENTION CENTER
CMAR AMENDMENT 2
NO
SUBJECT: (CD 9) Authorize Execution of Amendment No. 2 of the Construction Manager at Risk
Contract with Hunt/Byrne/Smith, a Joint Venture, in an Amount Not to Exceed
$9,212,681.00, Including an Owner's Construction Contingency Allowance, for a Total
Contract Value of $82,212,681.00, for Phase 1 of the Fort Worth Convention Center
Renovation and Expansion Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 2 of the construction
manager at risk contract with Hunt/Byrne/Smith, a joint venture, in an amount not to exceed
$9,212,681.00, for a total contract value of $82,212,681.00, including an owner's construction
contingency allowance, for phase 1 of the Fort Worth Convention Center Renovation and Expansion
project (City Project No. 102582).
DISCUSSION:
On November 29, 2022, City Council authorized the execution of a Construction Manager at Risk
(CMAR) contract with Hunt/Byrne/Smith, a Joint Venture, in an amount not to exceed $30,000,000.00
for the Fort Worth Convention Center Renovation and Expansion project while the design was being
finalized. The original Mayor & City Council Communication (M&C) 22-0971 stated that the project
would advance through incremental Notices to Proceed for various tasks. This allowed the contractor
to order materials with long lead times, and initiate other tasks. The M&C also stated that other
amendments to this contract would be required and would be recommended to the City Council for
approval. On September 12, 2023, City Council authorized (M&C 23-0768) the execution of a
Construction Manager at Risk (CMAR) Amendment No. 1 with Hunt/Byrne/Smith, a Joint Venture, in
an amount not to exceed $43,000,000.00, for the anticipated Phase 1 construction. As designed and
construction progressed final work items were defined. Staff recommends execution of Amendment
No. 2, in the amount of $9,212,681.00, for the final portions of work associated with Phase 1.
The overall project costs are expected to be as described in table below:
PROJECT COST TOTAL
Professional Services (Project $9,606,588.00
Management & Design Contracts
CMAR Construction Contract (Including $30,000,000.00
Owner's Construction Contingency
Allowance)
CMAR Amendment #1 $43,000,000.00
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=32201 &councildate=6/11/2024 10/3/2024
M&C Review Page 2 of 3
CMAR Construction Contract Amendment $9,212,681.00
#2
Administrative Costs (Staff Time, $1,685,423.00
Additional ITS, AV, Security, Building
Infrastructure, Major Maintenance, FF&E,
and Moving Costs)
Waiver of Building
Permit Fees - In
Project Contingency $1,495,308.00 accordance with the
City Code of
TOTAL $95,000,000.00 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."
DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: Hunt -Byrne -Smith, a Joint Venture
agrees to maintain its initial M/WBE commitment of 30\% that it made on the original contract and
extend and maintain that same M/WBE commitment of 30\% to all prior change orders up to and
inclusive of this Change Order No. 2. Therefore Hunt -Byrne -Smith, a Joint Venture remains in
compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the
Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its
company.
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 and will benefit all council
districts.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Certificate of Obligation 2023 Fund for the ARPA FWCC Expansion & Prj Mgmt
project to support the approval of the above recommendation and execution of the amendment to the
contract. Prior to any expenditure being incurred, the Public Events Department has the responsibility
to validate the availability of funds.
TO
Fund Department Account Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manaqer's Office bv:
Originating Department Head:
Additional Information Contact:
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Dana Burghdoff (8018)
Marilyn Marvin (7708)
Brian Glass (8088)
Nikita Watts (2028)
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=32201 &councildate=6/11/2024 10/3/2024
M&C Review
Page 3 of 3
ATTACHMENTS
21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 FID TABLE.xlsx (CFW
Internal)
21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 funds availabilitv.r)df (CFW
Internal)
24-Acceptance of Previous MWBE Committment Form Final-CC.r)df (CFW Internal)
Form 1295 Certificate 101198211 - Executed.pdf (CFW Internal)
SAM E J Smith Construction & Enaineerina Inc.gdf (CFW Internal)
SAM Hunt Construction Group Inc.pdf (CFW Internal)
SAM Thos S Bvrne Ltd.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=32201 &councildate=6/11/2024 10/3/2024