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Home My WebLink About064828 - Construction-Related - Contract - Oncor Electric Delivery Company LLCTarifF for Refiail D�livery Service Oncor Electric Deli�ery Company LI�C 6.3 Agreements and F'arms Appilcable: Enfire Ceriified Service Area EfFective Date: September 21, 2009 6.3.5 Discretionary Service Agreement \./ A \ \.. 1 \a � CSC No. 64828 Page 1 of 2 �� #; 30168316 Transaction ID: 14002 7his biscretionary Service Agresment ("AgreemenY') is made and entered into this D5 day of Novamher 2025 by Oncor Electrio Delivery Company LLC ("Oncor Electric Delivery Compan�' or "Company"j, a delaware limited Ilabllity company and distribution utility, and City of Fort Worth {"Customer"j, a Municipality , each hereinafter sometimes referred fo individually as "Party" or bafh referred to collecfi�ely as the "Parties". In consideration of the mutual covenants set forth herein, the Partles agree as follows: 1. Discretionary Services to be Pro�lded -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with thls Agreement. If is proposed tp order all long Isad time equipment at customer cosf. The total cast for all long lead time equipment only is $2,D42,749.55. This amount will be subtracted from the overall cost of the project and will be acknowledged in the formal Facilitias Extension Agreement. The following equipment will be pre-ordered: five network vault transformers, neiwork protectors, and otner ancillary itams with long lead times. 2. Nature of Servlae and Gompany's Ratail Delivery Service Tariff--Any discretionary services covered by this Agreemenf wllf be provided by Company, and accepted by Customer, in acco rdance with applicable P�blic Utility Commission of Texas ("PUCT") Substantive Rules and Campan}�s Tariff for Retail Qelivery Service (including tha 5arvice Regu]atlons contained therein), as it may from time to fime be fixed and approved by lhe PUCT ("Company's Retall Delivery 7ariff"). quring the term ofthis Agreement, Company is entitled to discontinue service, interrupt seroice, or rePuse service initiation requests under t hls Agreement in accordance with applicable PUCT Substantive Rules and Gompany's Reiail Delivery Tariff. Compan y's Retail Delivery Tariff Is part pf fhis Agreement to the same exkent as if f ully set out herain. Unless otherwise expressly staEed 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 fhis Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court arders concerning discretipnary service charges. 4. Term and Termination -- This Agreemenf becomes effective upon acceptance by Gustomer and continuss in effect until Comnanv nermanentiv installed onsite facil9ties Termination of fhis Agreement does not relieve Company or CusYomer of any obligation accrued or accruing prior to fermination. 5. No Other Abligations -- This Agreement does not obligate Company to provide, or entltle Customer to receive, any sarvice not expressfy provided for herein. Customer is res�onsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any fhird party. 6. Go�erning Law and Regulatory,Guthority -- This Agreement was executed in the State of Texas and must in all respects he ga�erned 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 regulatlons af duly constituted regulatory authorities having jurisdiction. 7. Amendment -- This P�qreemenf may be amended oniy upon rnutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes ta applicable PUCY Substantive Rules and Company's Retail Delivety Tariff are applicable to this ,�qreement upon their effeckive date and do not require an amendment of this Agreement. 8. Entirety of Agreemant and Prior Agreements Superseded -- 7his Agreement, including all attached Exhihits, which are expressly made a pa�t hereof for all purposes, constitutes the entire agreement and �nderstanding between the Parties with rega rd to the service{s} expr�:ssly provided fo r in this Agreement. The Pa rfies are not bound by o r liable for any stafement, representation, promise, inducement, understand'mg, or undertaking of any kind or nature (whether wriiten or oral) with regard to khe subject matter hereof not set forth or provided for hereln, This Agreemeni replaces all prior agreements and undertakings, oral or written, between the Parties wifh regard to the sub)ect matter hereof, including without {imitat[on N1A and all such agreements antl 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 ofher agreements ca�ering other services not expressly provided for �erein, which agreaments are unafFected by this f�qreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly d elivered if hand delivered or sen# by United Staies certified mail, return receipt requssted, postage prepaid, to: (a) If to Company: Oncor Electric Delivery Company LLC. 777 Main Street- i022-28 Forf Worth, TX. 76201 Aftn: Nicholas Horvatich 469-2&1-7890 QFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Tariff for Retail Delivery Ser�ice �ncor �lectric Delivery Company LLC �.3 Agreements and Forms Applicable: Entire Certified Service Area �ffective Date: September2l, 2D09 {b) If to Customer; City of Fort Worth 100 Fort Worth Trail Fart UVorth TX 76102 Aktn: Valerie Washinqton The above-listed names, tit�es, and addresses of either Party may be changed by written notification to fhe other. C'3NC R� � Page 2 of 2 10. In�oicing and Payment — In�oices for any discretipnary services covered by this Agreement will 3�e mailed by Gompany to the foilowing address {or such other address directed in wriking by Customer), unless Customer is capable of recelvi ng electronic invoicing frorn Company, in which case Company is entitle[� to transmit electmnic invoices to Customer. Ciiy of Fort Warth 100 Fort Worth T.rail For� Worth TX 75102 Attn: Valerie Washinaton If Company t ransmits electronic invoices to Customer, Customer must make paymenf to Gompany by electronic funds transfer. �lectranic involcing and payment by electror�ic funds #ransfer will be conducted In accordance wifh Company's standard procedures. Company musf receive payment by the due date specified on tha invoice. If payment is not receEved by fhe Company by t�e due date shown on the invoice, a�ate fee wiA be calculated and added to the unpaid balance until the entire invoice is paid. The late fea wll! be 5% of the unpald bafance per invoice period. 11. No Waiver -- The failure of a Parfy fo this Agrsement to insist, on any occasion, upon strict performance of any provision of this Agreement wifl not be considered to waive the obligatlons, rights, or duties imposed upon fhe Pariies. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federai income taxesj applicable by reason of any service perfomted by Company, or any compensation �aid to Campany, hereunder must be paid by Customer. 13. Headings -- 7he descri�tive headings of the �arious ariicles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no signifloance in the interpretation or construction of this Agreement. 14. Multip[e Counterparts -- This Agreement ma y he execufed in two or more counterparts, each of which is deemed an original buf all constitute one and the same instrument. 15. Oiher Terms and Conditions — (i) Customer has disclosed fo Company all underground facllities owned by Gustomer or any other party that Es not a pu6lia utility or governmenfal enkity, that are located within real property owned by Gustamer. In the e�ent that Customer has failed to do so, or in the event of the exisfence of such facilities of whlch Cuskomer has no knowledge, Company, its agents and contrac#ors, shall have no liability, of any nature whatsoever, to Customer, or Cu stomer's agenks or assignees, far any actual or consequential damages resulking from damage ta such undisclosed or unknown facilities. (iij Custoiner acknawledges and agrees that in the event tha� (ij Customer elects not to ha�e Ehe �elivery 5ystem faci[ities insYalled, or (ii} the Delivery Syst�m facilities are not installed for any reason through no fault of Company, Customer agrees that Company may not refund Customer for equipment ordered under this agreement. IN WI7N�S8 W��ftEOF, the Parties have caused this qgreement fo be signee hy their respective duly authorized representafives. Oncor Electtic Delivery Company LLC Signature James Blanton Printed Name Sr. C�irector of Disfribution Engineering Title bate Citv of Fort Worth Customer I Company Name Sig natu re Valerie Washinaton Printed Name Titie Date Assistant Gitv Manaaer Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Ilap��. I,��.�",�- Valerie Washington (Mar 3, 2026 15:37:26 CST) By: Name: Valerie Washington Title: Assistant City Manager �ate: 03/03/2026 Approval Recommended: I�, � ,;��;��- By: _ Name: Marilyn Marvin Title: Director, Property Management Attest: anqn >'.L�� FOHT�oaAd o°F g9-�o P�° �=o ��#JL., � � pp�*o�� *p , • - pdQp oEXP?aa..> By. 1 Name: Jannette Goodall Title: City Secretary VENDOR: Oncor Electric By� James Blanton Name: ------------------- Sr, Director of Dist. 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: Brian Glass Title: Assistant Director Property Management Approved as to Form and Legality: �'--�^-- By: Stephen Hines (Mar 3, 2026 15:36:36 CST) Name: Stephen M. Hines Title: Senior Assistant City Attorney Contract Authorization: M &C : 26-0146 QFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Revision Date: 11/22/2021 Standard Agreement for Professional Services Project Name Page 9 of 10 M&C Review Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FflRT_� f� Create New From This M&C DATE: 2/24/2026 REFERENCE NO.. CODE: C TYPE **M&C 26- LOG NAME: 0146 Page 1 of 2 21 DSA 2 ONCOR CONVENTION CENTER CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Execution of a Discretionary Service Agreement in the Amount of $2,042,749.55 with Oncor Electric Delivery Company LLC, for the Purchase of Transformer Equipment, for Phase 2 of the Fort Worth Convention Center Renovation and Expansion Project I��IW►�i1=1►1�7_��[�1� It is recommended that the City Council authorize execution of a Discretionary Service Agreement in the amount of $2,042,749.55 with Oncor Electric Delivery Company LLC, for the purchase of transformer equipment, for Phase 2 of the Fort Worth Convention Center renovation and expansion project (City Project No. 102582). I�76Y�i�b'�+y[�7►� The purpose of this Mayor and Council Communications (M&C) is to recommend that the City Council authorize execution of a Discretionary Service Agreement (DSA) in the amount of $2,042,749.55 with Oncor Electric Delivery Company LLC, for the purchase of transformer equipment, for Phase 2 of the Fort Worth Convention Center renovation and expansion project. During Phase 2, the existing arena will be demolished and the convention center expanded. The transformer vault that served the arena will be relocated and provided with new equipment. This DSA will purchase long lead time equipment for the vault; five network vault transformers, network protectors, and other ancillary items. The total cost for the long lead time equipment is $2,042,749.55. There will be a future DSA for the installation of the equipment and completion of the new electrical vault. The project is currently funded through the American Rescue Plan Act, Subtitle M(ARPA) Grant (M&C 21-0934) in the amount of $52,000,000.00 and $43,000,000.00 from the Series 2023 Certificate of Obligation Bonds (M&C 23-0250). Currently, the balance of grants funds are earmarked for the award of Amendment #1 to the Construction Manager at Risk Contract with Hunt/Byrne/Smith, so bond funding will be utilized for this DSA specifically. Funding is budgeted in the Certificate of Obligation 2023 Fund for the Property Management and Public Events Departments for the purpose of funding the ARPA FWCC Expansion & Project Management project. The Project is located in COUNCIL DISTRICT 9. 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 contract. Prior to any expenditure being incurred, the Property Management and Public Events Departments have the responsibility to validate the availability of funds. TO Fund I Department I Account Project Program Activity I Budget Reference #' Amount http://apps.cfwnet.org/council�acket/mc review.asp?ID=34189&councildate=2/24/2026 2/27/2026 M&C Review Page 2 of 2 ' � ID � � ID � � � Year �(Chartfield 2) � � FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaqer's Office bv: Oriainatinp Department Head: Additional Information Contact: Valerie Washington (6199) Marilyn Marvin (7708) Brian Glass (8088) ATTACHMENTS 21 DSA 2 ONCOR CONVENTION CENTER FID TABLE.xlsx (CFW Internal) 21 DSA 2 ONCOR CONVENTION CENTER FundsAvail.docx (CFW Internal) FEA 30166316.pdf (Public) http://apps.cfwnet.org/council�acket/mc review.asp?ID=34189&councildate=2/24/2026 2/27/2026 ONC�77R PQ Box 910104 Da11as TX 75391-0�04 HaRVATICH, NICHOLAS J �69-281-7890 Nicholas.Horvatich@oncor.com Bill To: City of Fort Worth Valerie Washington 100 Fort Wor�h Trail Fort Worth, TX 76102 Date: Pro�ect No: Transaction ID: Project Location Street Address: 1201 Hauston St. C�ty: FWTNK: Convention Center Aerna Price quoted is �alid for fhirty {30) days from the date of this document. Rem`rt�ance Opti�ns: S�atement of Ch�rrge� 11/0512025 3a1663'16 14Q02 FORT WORTN TARF2ANi Check Instructions Make all checks payabl� to Oncor Electric Deli�ery Company, L.L.0 Pleasa put the Transactian ID & Project No. in the Check Memo �Electronic Funds Transfer 1 EFT lnstructions JP Morgan Chase Bank / Qallas Account Number 08806169791 Routing Numbers ABA: 02'l-000-021 (Wire Transfer) ASA: 111-U00-614 {AC�i payments) Federal Tax ID: 75-296783a If an EFT is rnade please ha�e yaur financial institution �nclude the fracking number APso, email Confirmation number and transfer date to Cynthia.Blunk@oncor.com THi4NK YOU F�R YOUR �tJSINE�S! „ 2 REIMITTANCE SLIP Detach this portion of the in�oice to accompany payment and mail it with your check Checks are to be made payable to Oncor Electric beli�ery Company, LLC Please retain the abo�e statement for your records Rerr�it To Oncor Electric Delivery Company, LLC Attn: BLUNK, CYNTHIA; HORVATICH, NfCHOLAS J PO Box 910104 Dallas TX 75391-0104 Customer Name Citv of Fort Worth Pro[ect Number: 301663'16 7ransaction ID: 14002 Totaf Amount Paid: $2.042.749.55 +� �