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HomeMy WebLinkAbout064977 - Construction-Related - Contract - ONCOR Electric Delivery Company, LLCCSC NO. 64977 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 Page 1 of 3 6.3.5 Discretionary Service Agreement WO# 24615005 This Discretionary Service Agreement ("Agreement") is made and entered into this 81h day of November, 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 municipal corporation, 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. Per a request from the City of Fort Worth, Oncor Electric Delivery LLC (OED) will install electric distribution facilities for the proposed construction of the Kansas St bypass channel in the Trinity River Vision Development. It is proposed to install 2 steel structures, one long span of double circuit overhead primary conductor, install 2 four-way manholes, install 2 riser poles, install 2 spans of 1000 kcmil AL underground cable in dual 6" conduits, and remove 4 spans of 795 AAC primary overhead conductor. 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 acceptance by Customer and continues in effect until all associated work by Company has been completed and reimbursement from Customer has been secured, with no allowances for betterment. 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 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: 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 (a) If to Company: Oncor Electric Delivery LLC Daniel Hall Sr. Vice President, Distribution 777 Main St, Suite 707 Fort Worth, TX 76102 (b) If to Customer: City of Fort Worth Dana Burghdoff Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. Page 2 of 3 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. City of Fort Worth Dana Burghdoff Assistant City Manager 100 Fort Worth Trail 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. 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) Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the invoice is received, whichever is later. Project is deemed as complete for billing purposes upon removal of Oncor's electric distribution facilities as indicated on exhibit plans less the removal of poles where foreign contacts encumber the removal of said poles. The estimated amount to be invoiced is $2,256,015.69. Customer has requested and will be billed for actual charges. A line item detail of actual charges will be provided upon presentation of a final invoice. (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) Construction scheduling will begin upon receipt of fully executed document at above referenced address. 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 Page 3 of 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Oncor Electric Delivery Company LLC Danlei Hell (M,r 31, 2026 1522.42 GET Signature Daniel Hall Printed Name Senior Vice President, Distribution Title 03/31 /2026 Date City of Fort Worth A home -rule municipal corporation APPROVAL RECOMMENDED: Duna Bo! �hMoff Dana 6urghdoff (Ayr 2 22 t 2426 CDT) Signature Dana Burghdoff Printed Name Assistant City Manager Title APPROVED AS TO FORM AND LEGALITY: Douglas Black (Apr 2, 202618:17:15 CDT) Signature Douglas Black Printed Name Senior Assistant City Attorney Title M&c # 25-0559 Date: 06-24-2025 FONT up W APPROVED: g'e9;, a4Upa>'E7[PSad Signature Jannette Goodall Printed Name City Secretary Title Kea Signature Katherine Cenicola Printed Name Assistant City Secretary Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6 NCPR City of Fort Worth, Texas Mayor and Council Communication DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0559 LOG NAME: 03DISCRETIONARY SERVICE AGREEMENT ONCOR SEGMENT D SUBJECT (CD 9) Authorize Execution of a Discretionary Services Agreement with Oncor Electric Delivery Company LLC in the Amount of $2,256,015.69 for Relocation of Electric Distribution Facilities in Support of the Central City Flood Control Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize Execution of a Discretionary Services Agreement with Oncor Electric Delivery Company LLC in the Amount of $2,256,015.69 for Relocation of Electric Distribution Facilities (Segment D) in Support of the Central City Flood Control Project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Capital Project Other Fund, subject to the receipt of the grant in the amount up to $2,256,015.69 for the purpose of funding the Franchise Utility Relocations for FW Central City project (City Project No. 105935); and 3. Amend Fiscal Years 2025 - 2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor & Council Communication is to authorize the execution of a Discretionary Services Agreement with Oncor Electric Delivery Company LLC for the removal of existing electric delivery facilities and installation of electric delivery transmission towers and lines within the Fort Worth Central City Flood Control Project area and to adopt an appropriation ordinance to fund the same. The agreement for Segment D is in the amount of $2,256,015.69. All franchise utilities must be removed from the flood control project area prior to construction by the U.S. Army Corps of Engineers. The Central City Flood Control Project is being constructed by the U.S. Army Corps of Engineers in order to reduce the risk of flooding to over 2,400 acres of homes and businesses near downtown Fort Worth. In order to prepare for the construction of the future bypass channel integral to the Central City Flood Control Project, all City infrastructure and franchise utilities must be removed from the channel construction area. Oncor Electric Delivery Company LLC owns and maintains the large electric transmission towers within the Fort Worth Central City Flood Control Project channel area. FUNDING: In accordance with the provisions of the Interlocal Agreement between the City of Fort Worth and the Tarrant Regional Water District (TRWD) City Secretary Contract Number 43425-A1, and pursuant to the Trinity River Vision Authority Project Plan, the City of Fort Worth is eligible to be reimbursed for costs considered to be Fort Worth Central City -related work (formally known as Trinity River Vision -related work). The maximum amount allowed for these agreements will be up to $2,256,015.69; however, the actual amount used will be based on the final invoiced costs for the work performed. These expenses will be reimbursed by Tarrant Regional Water District (TRWD) through available funds with no net expense to the City. DVIN-BE: The solicitation for this project was not reviewed by The Business Equity Division for a business equity goal, as it does not fall under our ordinance for city funding. A Form 1295 is not required because: This contract will be with an electric utility: Oncor Electric Delivery Company LLC FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the Grants Capital Project Other Fund. The Transportation and Public Works Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Christianne Simmons 6222 Additional Information Contact: Clair Davis 7893 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Oncor Electric Delivery Company LLC Subject of the Agreement: Discretionary Service Agreement for Relocation & Construction of Oncor Aerial and Buried Power Facilities in Support of the US Army Corps of Engineers' Central City Flood Control Project. M&C 25-0559 M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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