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HomeMy WebLinkAboutContract 63960Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agrement and Forms Applicable Entire Certified Service Area Effective Dale: May 1, 2023 6.3.1 Facilities Extension Agreement CSC No. 63960 6EC R Page 1 of 5 WO Number: 26115679 Off -Site ID: 27280927 (] Document ID: 8713 Premise Number: 7095536 District: FWN r] Region : Metro West El This Agreement is made between City of Fort Worth - Favle Mountain Water Treatment Plant, 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 6801 Bowman Roberts Rd, Fort Worth, TX 76179. The Company has received a request for the extension of (check all that apply): IWi STANDARD DELIVERY SYSTEM FACILITIES TO NON-RESIDENTIAL DEVELOPMENT Company shall extend standard Delivery System facilities necessary to serve Customer's estimated maximum demand requirement of 466Q kW ("Contract kW"). The Delivery System facilities installed hereunder will be of character commonly described as 4160V volt, 3 phase, at 60 hertz, with reasonable variation to be allowed. I`I 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 Electric and gas residential lot(s)/apartment units. 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. [) NON-STANDARD DELIVERY SYSTEM FACILITIES Non -Standard kW 4QfiQ Company shall extend/install the following non-standard facilities. This will he n nnn preferred split bus two way feed srheme Service vnitage will be at 4160v 3 phase. The standard facilities will be (1) 422 RSQ Vista (1) 600A 25KV PM 's (1) 5000kVA transformer nt 4160v, and aonx 365ft of 1000mcm condimtnr Nnn-standard facilities will be (1) 422 RSC Vista, (1) 600A 25KV PMU's, (1) 5000kVA transformer at 4160v, U new PMF 10 switchgear, appx 650ft of 1000mcm conductor. ARTICLE I - PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company $854,596.45 Dollars as payment for the Customer's portion of the cost of the extension of Company facilities, in accordance with Company's Facilities Extension Policy, such payment to be and remain the property of the Company. ARTICLE II - NON -UTILIZATION CLAUSE FOR STANDARD DELIVERY SYSTEM FACILITIES This Article II applies only to the installation of standard Delivery System facilities. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6.3 Agremenl and Forms Applicable Entire Certified Service Area Page 2 of 5 Effective Date: May 1, 2023 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 lots/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 Temporary 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 CIAC amount and the amount paid by Customer under Article I, above. Company's 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 specific 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 Secondary Service Greater Than 10kW, 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 representatives. ARTICLE V - DISCLOSURE 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. Number of meters: 2 ARTICLE VI - PROHIBITION ON AGREEMENT 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 117 of the Texas Business and Commerce Code (relating to China, Iran, North Korea, Russia, and any other country designated by the Texas Governor as a threat to critical infrastructure). 6.3 Agrement and Forms Applicable Entire Certified Service Area Effective Date: May 1, 2023 Page 3 of 5 ARTICLE VII - OTHER SPECIAL CONDITIONS I. Totalization is the compilation of meter data from multiple points of delivery to be used for one ESIID. Customer requests that the 2 points of delivery serving the Customer's facility at the location given above shall be totalized. If totalization is requested, final qualification for totalization will be determined by Company once construction of Company Delivery System facilities is complete, and Company shall have no obligation to totalize the points of delivery if Company determines, in its sole discretion, that they do not qualify for totalization. ii. 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 electric service, Oncor will follow the process outlined in PUCT Substantive Rule 25.51, Power Quality, to remedy the effects of the harmonics issue.lf Customer does not pay to Company the amount(s) specified in this Agreement within thirty (30) days after the date of the invoice for such amount and such default is not cured within five (5) business days after receipt of written notice, Company may terminate this Agreement upon written notice to Customer. III. Contract KW associated with this request is limited to use at the location specified in this Agreement (Address or Premise). The Contract KW hereunder cannot be reallocated for use at other Iocations.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 meter 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 requests. 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 Company of documentation evidencing the amount of reimbursement due the Company. v. 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. vi. 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 [Oncor] 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 customers. Any discontinuation of service will require a new agreement to be executed by both parties. vii. 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 profile 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. 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. 6.3 Agrement and Forms Applicable Entire Certified Service Area Page 4 of 5 Effective Date: May 1, 2023 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. Customer will not under any circumstances connect Company's circuits together. Customer Facilities shall meet all applicable federal, state, local 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 specified 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. xi. Company and Customer agree that neither Article VI of this Agreement, nor the statutory provisions cited therein, apply to this Agreement, and by signing this Agreement Customer is making no representations or warranties under Article VI. xii. Customer is solely responsible and Company shall have no responsibility whatsoever for costs and coordination associated with the relocation or removal of any non -Company, third party owned facilities necessary for Company to complete the extension of Company Delivery System facilities as contemplated hereunder, if any. Customer understands and acknowledges that timelines or costs provided by Company for the completion of the extension of Company Delivery System facilities as contemplated hereunder do not include any work to be performed by any third -party on such third-party's facilities, and completion of said extension of Company Delivery System facilities by Company is contingent upon third -party facilities, if any, having been removed from Company Delivery System facilities. Ail, Motor Starting Restrictions: Motor starting restrictions limited to 2900kVA max starting capacity at a max start of 1 motor at a time, at 3 starts per hour. 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. xv. Company shall provide Customer Redundant Feed by means of two separate 14.4 / 24.9 KV feeders not to exceed 4660kW. Should Customer request an alternate feed for a load in excess of 4660kW or if Customer's totalized metering demand exceeds 4660kW, 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. xvi. Customer will need to adhere to the following switching restrictions. Company will provide 2 secondary points of delivery at 4160v. Each secondary point of delivery will be limited to 2330kW under standard operating conditions. Customer agrees to limit the amount of load transferred between the Company's feeders to no more than 2330kW for each transfer operation for a total of 4660kW maximum per point of delivery. Should Company determine that Customer is operating in a manner other than that permitted herein, Customer agrees to take corrective action necessary to meet aforesaid conditions of service immediately. 5.3 Agrement and Forms Applicable Entire Certified Service Area Effective Date: May 1, 2023 Page 5 of 5 ACCEPTED BY COMPANY: Oncor Electric Delivery Company LLC .s y tiapau, Oncor Representative Signature Jason Hagmeier Oncor Representative Printed Name SR. Manager Growth Strategy Oncor Representative Title 09/05/2025 1 10:43:35 AM CDT Date Signed ACCEPTED BY CUSTOMER: City of Fort Worth Customer / Company Name cv��, Customer Representative Signature Jesica McEachern Customer Representative Printed Name Assistant City Manager Customer Representative Title 09/15/2025 Date Signed �N.e. G+. �(fuis l4nmisu,. FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration /, of this contract, including ensuring all By: —� NeL performance and reporting requirements. Name: Chris Harder Title: Water Director By: rG., /`� Approved as to Form and Legality: Name: Chris Harder Title: Water Director a&-ooe-1 By: Douglas Black (Sep 9, 2025 10:01:08 CDT) City Secretary: Name: Douglas W. Black Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0799 Form 1295: N/A By: Name: Jannette Goodall Title: City Secretary on Pc4eo►ei °a F000 oo�aa o do oaaa aEoAsa4p kC AT OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 9/9/25, 7:12 AM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C FORT `VORTI1 DATE: 8/26/2025 REFERENCE NO.: **M&C 25-0799 LOG NAME: 60EMWTP ONCOR ELEC S TRANS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a Tariff for Retail Delivery Service Agreement with Oncor Electric Delivery Company LLC in the Amount of $854,596.45 for Installation of Electric Service and Transformers to New Electrical Building at the Eagle Mountain Water Treatment Plant, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Tariff for Retail Delivery Service Agreement with Oncor Electric Delivery Company LLC in the amount of $854,596.45 for installation of electric service and transformers to new electrical building at the Eagle Mountain Water Treatment Plant; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Eagle Mountain Water Treatment Plant 35 Million Gallons Per Day Expansion project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in Eagle Mountain Water Treatment Plant 35 Million Gallons Per Day Expansion project (City Project No. 105176) in the amount of $854,597.00 and decreasing appropriations in the Water & Sewer Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a portion of Water's contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: As part of this agreement, ONCOR Electric Delivery Company LLC (ONCOR), will extend feeders and install transformers and metering equipment to supply power to the new facilities included in the EMWTP expansion project. Construction of the expansion project was previously authorized by City Council on June 6, 2025 (M&C 25-0516). ONCOR has calculated costs in the amount of $854,596.45 for the installation of the electrical infrastructure needed to provide power for the plant expansion. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan throughout the Fiscal Year, 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 M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2025- 2029 Capital Improvement Program. Funding is budgeted in the Commercial Paper project within the W&S Commercial Paper Fund for the purpose of funding the Eagle Mountain Water Treatment Plant 35MGD Expansion. apps.cfwnet.org/council packet/mc_review.asp?ID=33659&councildate=8/26/2025 1/3 9/9/25, 7:12 AM M&C Review Funding for the Eagle Mountain Water Treatment Plant 35MGD Expansion and project is depicted below: Fund Existing Additional Project Total* Appropriations Appropriations W&S Rev Bonds Series 2024 — $15,503,908.00 Fund 56022 W&S Rev Bonds Series 2024C — $122,000,000.00 Fund 56025 W&S Commercial $175,254,691.00 Paper Fund 56026 Project Total $312,758,599.00 This project is located in Council District 7. $0.00 $15,503,908.00 $0.00 $122,000,000.00 $854,597.00 $176,109,288.00 $854,597.00 $313,613,196.00 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the EMWTP 35MGD EXP. AND PS2 project to support the above recommendations and execution of the construction contract. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project I Program Activity I Budget Reference # Amount ID ID f Year I (Chartfield 2) I Submitted for Citv Manager's Office by_ Originating Department Head: Additional Information Contact: Jesica McEachern (5804) Chris Harder (5020) David Townsend (8430) ATTACHMENTS 60EMWTP ONCOR ELEC S TRANS FID Table (WCF 07.22.25).xlsx (CFW Internal) 60EMWTP ONCOR ELEC S TRANS funds avail.docx (CFW Internal) 60EMWTP ONCOR ELEC S TRANS MaD.r)df (Public) Commercial Paper Balances as of 07.22.2025.xlsx (CFW Internal) ORD.APP 60EMWTP ONCOR ELEC S TRANS 56026 A025(r3).docx (Public) PBS CPN 105176.Ddf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=33659&councildate=8/26/2025 2/3 9/9/25, 7:12 AM Res.60EMWTP ONCOR ELEC S TRANS.docx (Public) M&C Review Signature: Email: Signature: Email: apps.cfwnet.org/council packet/mc_review.asp?ID=33659&councildate=8/26/2025 3/3