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HomeMy WebLinkAbout065045 - Construction-Related - Contract - ONCOR Electric Delivery Company, LLC6.3 Agrement and Forms Applicable Entire Certified Service Area Effective Date: May 1, 2023 6.3.1 Facilities Extension Agreement Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC CSC No. 65045 C�yR Page 1 of 4 WO Number: 30443064 Off -Site ID: Document ID : 17444 Premise Number: 6088243 District Region ABC WESTERN This Agreement is made between CITY OF FORT WORTH WATER, 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 5994 Jerry Dunn Parkway, Fort Worth, TX 76126. The Company has received a request for the extension of (check all that apply): ✓ 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 8 kW ("Contract kW"). The Delivery System facilities installed hereunder will be of character commonly described as 277/480V volt, 8 phase, at 60 hertz, with reasonable variation to be allowed. 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 8 Company shall extend/install the following non-standard facilities. ARTICLE I - PAYMENT BY CUSTOMER At the time of acceptance of this Agreement by Customer, Customer will pay to Company $19214.99 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 Agrement and Forms Applicable Entire Certified Service Area Effective Date: May 1, 2023 Page 2 of 4 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 Less Than or Equal to 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: 1 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 4 ARTICLE VII - OTHER SPECIAL CONDITIONS I. 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. ii. If 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. 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. 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. Customer has elected to provide the civil construction including material and labor to Company specifications, and without cost to Company, required for Company facilities to reduce any CIAC amount owed and/or to improve overall project coordination. vi. 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. vii. 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. viii. 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. 6.3 Agrement and Forms Applicable Entire Certified Service Area Effective Date: May 1, 2023 Page 4 of 4 ACCEPTED BY COMPANY: Oncor Electric Delivery Company LLC Oncor Representative Signature Chris Smolik Oncor Representative Printed Name Designer Associate Oncor Representative Title 04/13/2026 Date Signed ACCEPTED BY CUSTOMER: City of Fort Worth Water Department Customer / Company Name op�� Customer Representative Signature Jesica McEachern Customer Representative Printed Name Assistant City Manager Customer Representative Title 04/16/2026 Date Signed Approval Recommended: Christopher Hardo, (A 14. 20261528.57 CDT) Chris Harder, Water Director Approved as to Form and Legality: W450-1 Douglas Black (Apr 16, 2026 13:33:53 CDT) Douglas W. Black, Senior Assistant City Attorney , oa oo� ponr°�yaao do Attest: 0 0 4aQn nEaos�p Jannette S. Goodall, City Secretary CC CC JIL AT OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Oncor Electric Delivery Company, LLC Subject of the Agreement: Electrical service to 5994 Jerry Dunn Parkway, Fort Worth TX 76126. An emergency transfer valve vault connects Fort Worth and Benbrook's water system at this location. M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract nianber and the amendment number. Is the Contract "Permanent"? *Yes B No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: April 2026 Expiration Date: N/A If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. CPN 105248 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes B No ❑ Contracts need to be routed for CSO processing in the following order: 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 rettirned to the department.