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HomeMy WebLinkAboutContract 43234 (2)Tariff for Retail Delivery Service vricv J ta ��� �,v Oncor Electric Delivery Company LLC covnimor cloo 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 L3U4 Dfiscretiorta Servos Ajreement Page 1 of 3 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this day of , 2012, by Oncor Electric Delivery Company, LLC ("Company"), a Delaware limited liability company and distribution utility, and the City of Fort Worth ("Customer"), 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. The proposed widening of Dirks Road and the installation of a new drainage structure causes a need to relocate one steel pole structure on the "Company's" Primrose-Wedaewood 138kV Line. This aareement includes the cost to remove the existing structure, install new structure. and relocate existing conductors. 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 both the Company and the Customer and continues in effect until all associated work by Oncor Electric Delivery LLC is complete and reimbursements are 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, including without limitation [specify any prior agreements being superseded], 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: Oncor Electric Delivery Company Attn: Bryan Williams 115 W. 7th St. Suite 1105 Ft. Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 05-1 7-1 2 P03:39 IN Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable* Entire Certified Service Area Effective Date: January 1, 2002 (b) If to Customer City of Fort Worth Attn: Leon Wilson, Jr., P.E. 1000 Throckmorton Street, 2"° Floor Fort Worth, TX 76102 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. Page 2of3 Revision: Original 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. Oncor Electric Delivery P. O: Box 910104 Dallas, TX 75391-0104 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 - NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE PARTIES HEREBY AGREE THAT 15.1 Relocation Costs. (a) Customer shall pay to Company the total costs ("Total Costs") incurred by Company in connection with providing the discretionary services, including, but not limited to: (i) "Actual Costs" which includes fees, costs and expenses related to design, surveying, materials and equipment, transportation, purchasing and storage, labor and construction, which may be incurred by Company in providing the discretionary services as set forth in this Agreement, and attorneys' fees, if applicable, incurred in the process of obtaining final unappealable approval, as needed, from the Public Utility Commission of Texas in order to provide the discretionary services. Company reserves the right to reasonably adjust and modify the Actual Costs from time to time after the effective date of this Agreement, and Customer agrees to accept and acknowledge any resulting adjustments and modifications to the Total Costs and any resulting modifications to the Initial Payment (as hereinafter defined); plus (ii) all applicable taxes, general and special, including taxes or tax components resulting from Customer's payment of the Actual Costs to Company. (b) The Total Costs under this Agreement are estimated to be [$144.149.211 ("Estimated Costs"), subject to adjustments by Company pursuant to Section 15.1(a)(i); and Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6 3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 Revision: Original (c) Oncor shall submit all invoices for its Actual Costs following completion of its work to the City of Fort Worth within thirty (30) days of the discretionary services, and the City of Fort Worth shall pay Oncor for those Actual Costs within thirty (30) days from receipt of same. All invoices shall be accompanied by the appropriate supporting documentation. 15.2 Completion Date. Company shall in good faith attempt to complete the services as soon as reasonably possible, but does not commit to a date certain for such completion IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. ONCOR ELECTRIC DELIVERY COMPANY LLC BY: Name: Justin Johnson Title: Senior Director Transmission Design Date: City of Fort Worth BLim Y: Name: Fernando Costa Title: Assistant City Manager Date: S/ 7 12 Recommended: ti Douglas,. Wiersig, P.E Directort, Transportation/Public Department Ap• roved as toForm and Legality: Douglas W. Black Assistant City Attorney Mary J. Kayser /City Secretary Date: `t . In M&C C /ZS3T-7' orks fr4c•'r cOrir mik to000000.40 20 /Z_ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ONCOR ELECTRIC DELIVERY COMPANY Primrose -Wedgewood 138kV South Dirks Rd. Relocation WA# 12T61119 Cost Estimate Expense Code 130 Structures 130 POLE, STEEL, 120FT, DC 130 Materials See Attached Pg. 2 130 Sales Tax 130 Purchasing & Stores 120 Contract Labor, Engineering 102 Non -Contract Labor Regular Time 105 Non -Contract Labor Overtime 108 Non -Productive Time Clearing 550 Employment Benefit Loading 560 Retirement Plan Loading 570 Payroll Taxes 580 Other Employee Benefit Loading 600 Transportation 126 Contract Labor, Construction 126 On Target Supplies & Logistics 126 Tower Concrete 126 Pole Concrete 26 CY @ $700/CY. 126 Rebar Installation 4000 lbs. @ $1.0onb. 134 Misc. Equip. & Tools 137 Contractor, Contract Material & Supplies 307 Business Meals and Entertainment 308 Taxable Reimbursements 309 Other Employee Reimbursable Expenses 944 Damages 120 Environmental Study 126 Geotechnical Study 499 Surveying 126 Clearing 126 Mobilization 126 Inspection Services 401 Legal Services 900 Easement Acquistion 126 Labor Contingency Qty. 1 Subtotals Price Per Unit $35,000.00 Material Costs Total Labor Costs Construction Overhead Salvage Fedral Income Tax Treatment (11.186%) Total Costs Totals Sub -Totals $35,000.00 $840.06 $69.30 $1,227.00 $37,136.36 $20,016.00 $1,988.00 $294.00 $302.59 $114.10 $100.00 $1, 007.73 $50.00 $365.12 $31,680.00 $0.00 $0.00 $18,200 00 $4,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,470.00 $0.00 $0.00 $0.00 $5,746.00 $0.00 $0.00 $0.00 $86,333.54 $6,177.00 $0.00 $14,502.30 $144,149.21 Page 1 of 2 Page 2 of 2 Oncor Electric Delivery Company Estimating and Materials Tracking (EMT) Detailed Transmission Estimate Material EST. NUM. PROJECT NAME Primrose -Wedgewood 138kV, South Dirks Rd. Relocation QTY. SHORT ITEM DESCRIPTION 3 LB WIRE, ELECTRICAL, BARE, COPPER, N 1 EA PLATE, GROUND, STEEL STRUCTURE, 1 EA CONNECTOR, CLAMP, GROUND, BRO 6 ST ROD, ARMOR, FORMED, ALUMINUM, B 6 EA CLAMP, SUSPENSION, U BOLT TYPE, 6 EA INSULATOR, SUSPENSION, POLYMER, 1 EA SHACKLE, ANCHOR, 30KIP, 7/81N OPE 1 EA CLAMP, SUSPENSION, U BOLT TYPE, 1 ST ROD, ARMOR, FACTORY FORMED, GA PRICE PER UNIT $2.38 $160.00 $2.66 $9.95 $13.68 $80.00 $5.62 $40.00 $2.86 MATERIAL COST $7.14 $160.00 $2.66 $59.70 $82.08 $480.00 $5.62 $40.00 $2.86 TOTAL MATERIAL 840.06 Expense Code Description 102 Oncor Labor - Regular Earning, Non Exempt 105 Oncor Labor - Overtime Earnings, Non -Exempt 108 Non -Productive Time Clearing 120 Contractor Labor, Engineering - Staff Augmented 120 Contractor Labor, Environmental Study - Staff Augmented 126 Contract Labor, Construction - Not Staff Augmented 126 Contract Labor Inspection - Not Staff Augmented 126 Contract Labor Geotechnical Study - Not Staff Augmented 126 On Target Supplies & Logistics 130 Materials & Supplies 134 Misc Equip & Tools 137 Contractor, Contract Material & Supplies 307 Business Meals And Entertainme 308 Taxable Meals 309 Other Employee Reimbursable Expenses 401 Legal 499 Other Services (i.e., Surveying) 550 Employee Benefit Loading 560 Retirement Plan Loading 570 Payroll Taxes 580 Other Post Employee Benefits (OPEB Loading) 600 Transportation Services 870 Indirect Construction Overhead 891 Afudc Debt - Accrual 892 Afudc - Equity - Accrual 900 Miscellaneous Expense (i.e. ROW Agents, Landowner Contact) 944 Damages City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/10/2012 • DATE: Tuesday, April 10, 2012 REFERENCE NO.: C-25557 LOG NAME: 20DIRKS ONCOR SUBJECT: Authorize Execution of a Discretionary Service Agreement and Payment to Oncor Electric Delivery Company, LLC, in the Amount of $144,149.21 for the Relocation of an Existing Overhead Tower Structure for the Construction of Dirks Road from Chisholm Trail Parkway to Granbury Road (COUNCIL DISTRICT 6) RECOMMENDATIQN: It is recommended that the City Council authorize the execution of a Discretionary Service Agreement and payment to Oncor Electric Delivery Company, LLC, in the amount of $144,149.21 for the Relocation of an Existing Overhead Tower Structure for the Construction of Dirks Road from Chisholm Trail Parkway to Granbury Road. DISCUSSION: The reconstruction and widening of Dirks Road between Chisholm Trail Parkway and Granbury Road is in conflict with an Oncor electrical overhead transmission tower. It is impractical to realign the roadway to avoid the tower due to the location of the existing roadway at each end of this segment of Dirks Road. Consequently, Oncor Electric must relocate the existing tower. This tower relocation requires a Discretionary Service Agreement with Oncor and a payment in the amount of $144,149.21 for the associated work effort. The 2007 Critical Capital Program provided funds for the design and construction of Dirks Road from Bryant Irvin Road to Granbury Road The construction of Dirks Road from Chisholm Trail Parkway to Granbury Road is anticipated to start in Winter 2012. This project is located in COUNCIL DISTRICT 6, MAPSCO 102C and 102D. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, of the 2007 Cntical Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C295 541200 206230076871. $144.149.21 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Douglas W. Wiersig (7801) Leon Wilson (8883) • C S m tr. O 03A01439 39 01 t139411 9310N30 F. 2 9 1 a ii 1 a mala 7 1] w z 1 a w m DATE C) k n' 1 0 c z -1, <. Onc eitaiot, LP. y IT114TU506.PAGE 296 1 sct tea ■ "If amtA rat 10 LOtant 1 1 1 1 I 1 30+00 RR 6® 4.' R} S24-004,R12-148R? 34+00 4. RR 80 T. _I.. _ .____ _ _ 1 REMNCER Or TIUICY PC.2 A.II PATE. a. VCLWE 6691. PAGE 475 o1Q.T.c.T. 01 m 0 4 111 I 1 1 STR. 11 0 to I I 0,h- J.c STR. 1/9 ra 7e O 6s 2" °s No 36+00 t RR El 6' Rt STR. 1/10 STR. 1/11 d -sr., Asi vn .r� Fv -10-171 -r Imo COD r 1/12 r As. 4.8+oO . 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I ESMT 57+44 Fc _ '1 'STR. 2/3 -1 IICISTR. 2/3 I 5$+00 k_RR / 6 8 R+ I se+1O 4, 14' WIde Di{ch L 58+2e Toe of Slope 59+13 Top of Slope •60+O0 ERR 758'R4 it 62+00 t RR 1C:a SIR} 'STR. 2/4 1 • e I ..0 1r m 7z552-30831 a t In 6)-I I I C AI "�' ~m G4 00tRR 773 R} 4 C m 'STR. 2/5 16+00 ti RR 81 3 t 18+Co Pc 3 tr 1 a 0 6G,+00 RR'1BO'R4 68+00 t RR '14 3' R4 104-00tRP734 R4 72+00 d RR 75 1' R} 14400 t RR B1 6' Rf 72535 30G95 `IG+Oo k RR 61 4 R+ la 8o +0O t R lz 81 a' R+ 11 \ a2)s PRIMROSE - WEDGWOOD 138 kV TRANSMISSION LINE ALIGNMENT SHEETS Lid Ln 0 0 0 0 0 0 y P.I. STA. 41+95.66 10' 13'12" LT. P.I. STA. 45+96.31 11' 04'12" LT. LT1 C • P.I. STA. 50+06.15 0 Ln 0 0 07' 16'48" LT. CITY ROW / 61+31.81 DIRKS RD / RD. STA.155+18 ONCOR: 61+96 81 c.4u'y Anchor t' L} ROW / 62+61.81 EDGE OF DRAINAGE ESMT. cn 63+36.81 0 O (`o nnm V x o cn Ln� m O 0 m r rn P.I. STA. 12+29.94 08. 49'12" LT. Ln + O 0 P.I. STA. 76+27.69 08' 40148* LT. CO Ln 0 O AI c • r Z to-o tnzc • 0 0 0�XI a •- UI z a.. 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X 0 to X Qla tJ1-1 Alum �U1.1 mo 0 mo o •tn t.J •D 0 •N • --I CP n • -4 -T1 XI m N 'n x • Z z en x 2 Z r 0 Z -4 D 0 m D r m x r N n cxn 03AON3H 30 01 - t (INV1838Nf1 1 1 0 CO N r r m O 100 200 490 105'39334-02-01 41+95.66 85'39334-02-02 its 45+96.31 85' 39334-02-02 50+06.15 85' 39334-02-02 54+15.81 105'39334-02-01 58+33.81 105' 39334-02-01 62+56.81 - 120'39334-02-01 63+44 81 120'39334-02-01 a CJ 8-0 MATCHLINE 35+00 67+37.81 110' 39334-02-01 72+29.94 85'39334-02-02 76+27.69 85' 39334-02-02 80+74.81 100'39334-02-01 MATCHLINE 85+00 N- I 0 m om c_ zLn v -'N m x • D Z -..0 m m r m r O x m a c3 c r z 0 N D z 'LI c r a Z c91 0 N (0 Z SCALE AS SHOWN APPROVED DESIGN ENGINEER A'[Drrto d.a'auiAa�,Lraa 8CE 11.077EO. masnotwEnssan Horizontal 4 t0 Vertical Graphic Scale in Feat 40 ONCOR TRIV911SSICII E1(I)EERIIC