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HomeMy WebLinkAboutContract 62164CSC No. 62164 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: May 1, 2023 6.3.5Discretionary Service Agreement WR#20707287 Transaction ID: 29374 This Discretionary Service Agreement ("Agreement") is made and entered into this 17th day of October, 2024, by Oncor Electric nd Delivery Company LLC ("Company"), a Delaware limited liability company and distribution utility, aCity of Fort Worth ("Customer"), a Texas Municioalitv.. 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. D2 FACILITIES RELOCATION/REMOVAL CHARGE of $ 1,261,986.37 described as follows: This discretionary service charge is for the removal of approximately 545ft of 3phase OH electric circuit and installing approximately 2861ft of 8E6 underground duct, 350ft of 2E6 underground duct and 267ft of 4E6 duct along with approximately 3408ft of 1000kcmil 3phase UG conductors and 2- innovative pad mounted switchgears and related facilities at the Eagle Mountain water treatment plant in Fort Worth, TX. This new underground will feed out of the proposed substation located onsite. All new duct work and related facilities will be located in a Company easement provided by the Customer. City will not be charged for the civil cost to install the 8E6 duct as other customers may be served from it in the future. 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 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 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 execution by both Parties and continues in effect until all discretionary services are completed and payment 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 discretionary service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further discretionary 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 thisAgreement. 8. Entirety of Agreement and PriorAgreements 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 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: OFFICIAL RECORD Oncor Electric Delivery Comoanv LLC CITY SECRETARY Attn: Dannv Kilcrease 4200 N Hwv 271 FT. WORTH, TX Powderiv. TX 75473 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: MaV 1, 2023 (b) If to Customer: Citv of Fort Worth Attn: Chris Harder 200 Texas Street Fort Worth, TX 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. Citv of Fort Worth Attn: Chris Harder 200 Texas Street 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 may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Disclosure of Underground Facilities — 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 directly or indirectly from damage to such undisclosed or unknown facilities. 16. 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 headquarters criteria listed in Lone Star Infrastructure Protection Act, Chapter 113 of the Texas Business and Commerce Code, as added by Act of June 18, 2021, 87th Leg., R.S., Ch. 975 (S.B. 2116) (relating to China, Iran, North Korea, Russia, and any other country designated by the Texas governor as a threat to critical infrastructure). 17. Other Terms and Conditions — a) 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. 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. c) 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. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: May 1, 2023 IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Oncor Electric Delivery Company LLC CD-Sm-d W. t}nx+it}bk. BY: TITLE: New Construction Management - Director DATE: 10/17/2024 1 12:25:12 PM CDT City of Fort Worth BY:wiltiam Johnson (0 t 23, 202411:33 CDT) TITLE: Assistant City Manager DATE: 1 0/23/2024 EXECUTED and EFFECTIVE as of the date last written by a signatory below. APPROVAL RECOMMENDED: By: `-1 Chris Harder, P.E., Director Water Department CONTRACT AUTHORIZATION M&C: 24-0864 Date Approved: 10/15/24 APPROV AS TO FORM AND LEGALITY: By: Douglas Black (Oct 18, 202416:43 CDT) Douglas W. Black Senior Assistant City Attorney ATTEST: nnn ps°(° F°Rr�a°da ui%-C,a%a ° a°°moo o�e9.ld By: Jannette Goodall (Oct 23, 202412:16 CDT) Pa�1 oe ,o #p Jannette S. Goodall ..... a City Secretary 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: (e--� A'(� Chris Harder, P.E. , Director Water Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX y .ON A - Manhole { _ - Duct bank , - Switchgear o - Existing Pole to remain '•y - Existing overhead Primary to remain 0 - Existing pole to be removed - Existing overhead Primary to be removed ® - New Substation N to '—ti�� len r 3d e 3d electrical I be d. 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CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FoRTWORT11 DATE: 10/15/2024 REFERENCE **M&C 24- LOG NAME: 60EMWTP ONCOR NO.: 0864 SERVICE AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a Discretionary Services Agreement with Oncor Electric Delivery Company LLC in the Amount of $1,261,986.37 for the Installation of Electrical Infrastructure and Equipment for the Eagle Mountain Water Treatment Plant Generators and Emergency Preparation Plan Project and Adopt Appropriation Ordinance to Effect a Portion of the Water Department's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Discretionary Service Agreement with Oncor Electric Delivery Company LLC in the amount of $1,261,986.37 for the installation of electrical infrastructure and equipment at the Eagle Mountain Water Treatment Plant within the Water Treatment Plant Generators and Emergency Preparation Plan Project; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Revenue Bond Series 2024 Fund by increasing estimated receipts and appropriations in the Westside Water Treatment Plant Generators and Emergency Preparation Plan Project (City Project No. 103410) in the amount of $1,261,987.00 and decreasing estimated receipts and appropriations in the Commercial Paper Project (City Project No. UCMLPR) effecting a portion of the Water Department's contribution to the Fiscal Years 2025- 2029 Capital Improvement Program. DISCUSSION: During the winter storm of February 2021, power outages affecting the distribution power feeds to the Eagle Mountain Water Treatment Plant (EMWTP) resulted in shut downs at the plant and issuance of a boil water notice for residents in north Fort Worth as well as some wholesale customers. Following this event, numerous meetings held between Fort Worth Water Utility and Oncor staff determined the most effective manner to improve electrical reliability to the EMWTP was to install a new electrical substation supplied from the high voltage transmission lines located on the west perimeter of the EMWTP property. New electrical distribution lines located on plant property would then be installed connecting plant electrical metering to the new substation. This Discretionary Services Agreement includes the infrastructure costs to install electrical conduit, conductors, duct banks, and switchgears necessary to feed the existing plant facilities from the new substation. Installation of the substation and electrical infrastructure will increase the reliability of the water treatment facility in the event of inclement weather or power curtailments. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY) instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the Mayor & Council Communication will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Year 2025-2029 Capital Improvement Program. Funding for the WS Gen & Emer Prep Plan project is depicted below: 60EMWTP ONCOR SERVICE AGREEMENT Capital Project FY2025 CIP Budget Change Fund Name Appropriations Authority (Increase/Decrease) Name 56022-103410- W&S WS Rev Gen & Bonds Emer Series Prep 2024 Plan Revised FY2025 Budget $0.00 This M&C $1,261,987.00 $1,261,987.00 Funding is budgeted in the Commercial Paper project within the W&S Rev Bonds Series 2024 Fund for the purpose of funding the WS Gen & Emer Prep Plan project. Funding for the WS Gen & Emer Prep Plan project is depicted below: Fund Existing Appropriations Additional j project Total* Appropriations Fund 56022 — W&S Rev Bonds $15,126,762.00 $1,261,987.00 $16,388,749.00 Series 2024 Fund 53004 — Water/Sewer $4,850,000.00 $0.00 $4,850,000.00 Gas Lease Cap P roj W&S Capital Projects - Fund $12,814,614.00 $0.00 $12,814,614.00 56002 W&S Rev Bonds Series 2022 — $4,230,228.00 $0.00 $4,230,228.00 Fund 56020 W&S Rev Bonds Series 2023 — $25,949,327.00 $0.00 $25,949,327.00 Fund 56021 Project Total $62,970,931.00 $1,261,987.00 $64,232,918.00 *Numbers rounded for presentation purposes. This Project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Rev Bonds Series 2024 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Rev Bonds Series 2024 Fund for the WS Gen & Emer Prep Plan project to support the above recommendations and execution of the amendment. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I ID I Year (Chartfield 2) Submitted for Citv Manager's Office by_ Fernando Costa (6122) Originating Department Head: Additional Information Contact: ATTACHMENTS Chris Harder (5020) David Townsend (8430) 60EMWTP ONCOR SERVICE AGREEMENT FID Table (WCF 09.13.24).xlsx (CFW Internal) 60EMWTP ONCOR SERVICE AGREEMENT Map.pdf (Public) 60EMWTP ONCOR SERVICE AGREEMENT.docx (CFW Internal) ORD.APP 60EMWTP ONCOR SERVICE AGREEMENT 56022 A025(r2) (003)1.docx (Public) PBS CPN 103410.ndf (CFW Internal)