HomeMy WebLinkAboutContract 50684 yro7 8grp
" RECENED
;Q APR 25 2018 M
it
dCIlY OF FORT IAIORTH .A
CITYSECRETARY ti
5 19 April LID, 2018
Kenneth Dean
Assistant Chief of Police
City of Fort Worth, Texas
Email: Kenneth.W.Dean@fortworthtexas.gov
Re: Agreement Regarding Attachment of Police Cameras to Oncor's Poles by the City
of Fort Worth on behalf of the City of Fort Worth Police Department(the
"Department")
Dear Assistant Chief Dean:
The purpose of this agreement (this "Agreement") is to state the terms under which the
Department may have access to Oncor Electric Delivery Company LLC ("Oncor") distribution
poles ("Poles") to attach overt surveillance cameras and related equipment (the "Attachments")
to those Poles for appropriate non-commercial, governmental use. in this regard, the Department
and Oncor have agreed and do hereby agree as follows:
TERMS AND CONDITIONS
1. Authorized Use of Oncor's Poles. Oncor grants, so far as it may lawfully do so, to the
Department license and permission to place and maintain the Attachments upon Oncor's
Poles within the City of Fort Worth, pursuant to the conditions set forth below.
a. The Department shall install and maintain all Attachments in strict accordance with all
applicable codes and laws, including but not limited to the National Electrical Safety
Code ("NESC"), Oncor Standards, and in strict accordance with Oncor's Camera
Attachment Guidelines, a copy of which is attached hereto.
b. The Department agrees that no Attachments shall be made to any transmission structures
or facilities of Oncor. For purposes of this Agreement, a "transmission structure or
facility" is one on which an electric power line having voltage of 40kV or higher is
attached, including all poles used as guy stub poles for 40kV or higher lines; if the
electric line is less than 40kV, it is a"distribution line."
c. The Department is expressly prohibited from placing any Attachment above the neutral
conductor on any Pole.
d. The Department agrees that it shall not authorize any person, other than a Department
employee with the requisite qualifications and training, who knows and appreciates the
character of electricity and the danger of working in proximity to electric facilities which
are energized, to climb or otherwise access any Pole or work on any of the Department's
OFFICIAL RECORD
CITY SECRETA",
1254698.1 FT.WORTH,T
Attachments attached to Oncor's Poles. Under no circumstances shall any Department
representative climb or work above the neutral conductor on any Pole.
e. The Department shall follow Oncor's permitting process before attaching Attachments;
provided however that, where exigent circumstances exist, the Department shall provide
as much advanced notice as possible to Oncor, preferably no less than fifteen (15) days'
if reasonably possible, of any proposed Attachment on an application form to be provided
by Oncor, which the Department shall submit to Oncor at the following electronic mail
address: oncorjointuse@oncor.com If, under such exigent circumstances, the
Department receives approval or no response from Oncor within the advanced notice
period reasonably given by the Department, the Department may proceed with attaching
the Attachment. if Oncor denies the application prior to the expiration of such time
period, Oncor will work with the Department to find a suitable alternative location for the
proposed Attachment.
f. Oncor shall have the right to conduct a post-inspection of the Department's Attachments
at the Department's sole expense.
g. The Department shall correct any violations by its Attachments of applicable laws, codes,
or Oncor standards within thirty (30) days of receiving notice of such violations, or such
other time period as Oncor may require under the circumstances. If the Department fails
to do so, Oncor may remove the subject Attachment at the Department's sole expense.
h. The Department hereby represents and warrants that all Attachments installed pursuant to
this Agreement shall be used for lawful purposes only.
i. The Department hereby represents and warrants that it has obtained any and all warrants
necessary to install and operate the Attachments on Oncor's Poles.
J. The Department hereby represents and warrants that the image and video content will be
owned and used solely by the Department for appropriate non-commercial, governmental
use.
k. The Department shall not sell, lease, assign, or otherwise make any portion of the
Attachments available for use by any third party for commercial purposes.
2. No Representations or Warranties by Oncor.
a. Oncor makes no representation or warranty of any nature that its existing or future rights
of way, easements or other property rights, private or public, were, are, or will be
sufficient to permit the attachment, maintenance, replacement, relocation, repair,
modification or removal of the Department's Attachments on any Oncor Pole.
b. Oncor makes no representation or warranty of any nature with respect to the condition or
fitness for a particular purpose or use of any Oncor Pole or any of its other real or
personal property which the Department may use.
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3. Subrogation. The Department, as a self-insured entity, agrees to waive, and to require its
insurer(s), to the extent that they exist, to waive any subrogation claims against Oncor with
respect to this Agreement, any actions or activities undertaken by Oncor or its contractors
with respect to this Agreement, and the Poles and equipment accessed or attached pursuant to
or in connection with this Agreement.
4. Indemnification. To the extent permitted by law, the Department agrees to defend,
indemnify and hold Oncor, its officers, agents and employees, harmless against any and all
claims, lawsuits, judgments, costs, and expenses for personal injury (including death),
property damage or other harm for which recovery of damages is sought, suffered by any
person or persons that may arise out of, or be occasioned, by any negligent act or omission of
the Department, its officers, agents, associates, employees or sub-consultants; except that the
indemnity provided for in this paragraph shall not apply to any liability resulting from the
sole negligence of Oncor, its officers, agents, or employees or separate contractors, and in the
event of joint and concurrent negligence of both the Department and Oncor, responsibility
and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the
State of Texas, without, however, waiving any governmental immunity or other defenses
available to the parties under Texas Law. Nothing herein shall be construed as to require the
Department to establish a sinking fund.
5. Rental Fee. The Department shall submit to Oncor, within thirty (30) days of the date above
and each year on the anniversary of such date, an annual rental fee in the amount of Twenty-
Five Thousand Three Hundred Forty-One and No/100 Dollars ($25,341.00). This fee shall
cover the annual rental for all of the Department's Attachments.
6. Permitting and Make-Read. The Department shall pay preparation costs actually
incurred by Oncor in connection with processing applications for and making Oncor poles
ready for attaching the Attachments to Oncor's Poles. At the Department's request Oncor
will provide documentation to support the actual costs incurred by Oncor and charged to the
Department.
7. Compensation. The Department shall pay Oncor in accordance the provisions of this
Agreement and Exhibit "A," — Cost Schedule, which is attached hereto and incorporated
herein and is made a part of this Agreement for all purposes. The Cost Schedule may be
revised on an annual basis, provided the Department shall be provided with advanced notice
of such revisions prior to their effectiveness. However, in no event shall the amounts charged
by Oncor exceed Oncor's actual costs.
8. Damage to Oncor Property. The Department shall be responsible for damage caused by the
Department to Poles, equipment, and facilities of Oncor or other licensees attached to Oncor
Poles.
9. Limitation of Liability and Release. Oncor shall not be liable to the Department for any
damages, regardless of cause, arising from the Department's Attachments or work under this
Agreement. Oncor shall not be liable to the Department for any interruption in service,
physical or radio frequency interference, or any other cause of action. The Department
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hereby releases Oncor from all such liability and waives any claims for damages against
Oncor.
10. Term and Termination. This Agreement shall remain in effect for one (1) year from the date
hereof, and thereafter shall automatically renew for additional one (1) year terms upon the
anniversary of such date until this Agreement is terminated by (a) sixty (60) day written
notice by either party, (b) agreement of the parties in writing, or (c) in the case of default by
the Department of the terms and conditions herein stated and such default continues for a
period of thirty (30) days after Oncor notifies the Department of such default in writing,
Oncor may at its election forthwith terminate this Agreement; provided, however, if such
default is not reasonably curable within thirty (30) days, the Department shall have such time
to cure the default so long as the Department commences such cure within said thirty (30)
day period and diligently pursues such cure to completion. Upon such termination all of the
Department's rights hereunder shall cease and come to an end.
If the Department is amenable to the above terms, please sign below and return to me. We look
forward to working with the Department.
Sincerely,
Tom Riley
Director, Asset Investment Strategy
Oncor Electric Delivery Company LLC
[Signature Page follows.]
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EXECUTED on this,tihaAay oK* �L , 2018.
CITY OF FORT WORTH: ONCOR ELECTRIC DELIVERY
COMPANY LLC
Y Y
Jay Chapa Tom Riley
Assistant City Manager Director, Asset Investment Strategy
Date: ��'p� Date: gA
APPROVAL RECOMMEN BY:
By: �J
Chief Joel F. Fitzgerald
Chief of Police
Date: V l Z 3 1 d
APPROVED AS TO
FORM AND LEGALITY:
By:
Matthew A. Murray
Assistant City Attorney
Contract Authorization: FORT.
No M&C Required �:.•''' ,.0 y
'P
ATTES
By, *:
Ma4 J. .
City SecretvT
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Form 1295 Certification No: NOT REQUIRED
This agreement does not require City Council approval.
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all pert' ance and reporting requirements.
By:
Name: illiam Hix
Title: Lieutenant-FWPD
OFFICIAL RECORD
5 CITY SECRETARY
FT-WORTHo Tit
EXHIBIT A
COST SCHEDULE
Unit Name Unit Scope of Work U o M Fee
Initial Permit Initial Permit Administrative Fee.This unit represents the permit application administrative costs to prepare field inspection
Administrative packages,maps,track the permit,prepare and send notification and cost letters to all appropriate parties.Unit of Measure: ($/Permit) $201.60
Fee ($/Permit Application).
Initial Pole Assessment.This unit includes the costs,while at the job site,to gather field information necessary to prepare a pole
Initial Pole for new or modified attachments.Data gathered includes measurements and identification of existing Oncor and
Assessment communications facilities,as well as existing violations of the NESC and/or Oncor standards.Also included are ($/Pole) $28.15
recommendations for rearrangements or replacements of existing facilities to accommodate the request and assure compliance
with the NESC and/or Oncor's standards.Unit of Measure:($/Pole).
Second Permit Second Permit Administrative Fee.This unit represents the permit application administrative costs to prepare field inspection
Administrative packages,track the permit,prepare and send notification and cost letters to all appropriate parties.This unit is commonly known ($/Permit) $101.18
Fee as the first post inspection.Unit of Measure:($/Permit Application).
Second Pole Assessment.This unit includes the costs,while at the job site,to gather field information necessary to evaluate
Second Pole compliance of new or modified attachments.Data gathered includes measurements and identification of additional or remaining
Assessment issues and/or verification that licensees'attachments now conform to NESC or Oncor standards.Includes an update to Oncor ($/Pole) $15.64
records to reflect most recent pole attachment information.Unit of Measure:($/Pole).
Subsequent Subsequent Permit Administrative Fee.This unit represents the permit application administrative costs to prepare field inspection
Perm it
Administrative packages,track the permit,prepare and send notification and cost letters to all appropriate parties. Intended as follow up for ($/Permit) $100.17
Fee those items which were not completed properly at the time of Second Pole Assessment.Unit of Measure:($/Permit Application).
Subsequent Subsequent Pole Assessment.This unit includes the costs,while at the job site,to gather field information necessary to evaluate
Pole compliance of new or modified attachments.Data gathered includes measurements and identification of additional or remaining
issues and/or verification that licensees'attachments now conform to NESC or Oncor standards.Intended as follow up for those ($/Pole) $13.60
Assessment items which were not completed properly at the time of Second Pole Assessment.Unit of Measure:($/Pole).
Travel Time Travel Time Unit.Travel time associated with all permit application process Pole Assessment Units.Unit of Measure is per mile,
Unit and is in addition to IRS mileage rate.Intended to cover travel to and/or from the pole assessment site.Calculated at average of ($/Mile) $1.97
rates for Inspector and Senior Inspector at 35 mph.Unit of Measure:($/Mile).
*The Cost Schedule may be revised on an annual basis,provided the Department shall be provided with advanced
notice of such revisions prior to their effectiveness. However,in no event shall the amounts charged by Oncor
exceed Oncor's actual costs.
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Oncor Electric Delivery Joint Use Management
Camera Attachment Guidelines
Oncor Electric Delivery Joint Use Management provides the following guidelines for attaching
surveillance-type camera equipment to Oncor Electric Delivery distribution pole facilities.
It should be noted that Oncor policy does not allow private parties to make this type of
attachment to Oncor poles, only installations involving law enforcement will be considered. The
entity seeking to attach camera equipment to Oncor Electric Delivery distribution pole facilities
will be required to submit an attachment application and comply with Oncor Standards, all of
which can be accessed at the following internet site:
http://www.oncor.com/EN/Pages/Joint-Use-Management.asi2x
The applicant must apply for electric service with the retail electric provider ("REP") of its
choice. Electric service may not be connected until Oncor Electric Delivery has received an
electronic request from the applicant's REP.
Specifications for all camera equipment planned for attachment must be submitted to Oncor
Electric Delivery for review and approval. Oncor Electric Delivery may provide more detailed
installation location requirements based on its review of drawings, diagrams, pictures, and
equipment specifications provided by the applicant.
Minimum equipment information required:
• Weight of complete unit.
• Dimensions to include outline of entire assembly.
• Electrical characteristics -transmitted power, operating voltage, antenna gain, operating
frequency, antenna pattern (if applicable).
• Location of Oncor Electric Delivery distribution pole facilities to which attachment of
equipment is sought or may be proposed.
• If known, the specific types of Oncor distribution pole facilities (i.e., pole, arm on metal
street light standard)to which attachment of equipment is sought or may be proposed.
• Any facilities located in a Texas Department of Transportation(TXDOT) right of way may
be subject to additional attachment requirements.
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