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Home My WebLink AboutContract 52495 'FFoRB�419 Tariff for Retail Delivery Service _FzR�911N, Oncor Electric Delivery Company LLC C,,a i RA R NO. 5 qq!j 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 WR# 3377675 Transaction ID: 19383 This Discretionary Service Agreement("Agreement") is made and entered into this 3rd day of June ,2019 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. The City of Fort Worth has requested the removal of Oncor overhead facilities along Lancaster Ave fro Lamar St.to Jennings Ave.This DSA covers the cost of the removal of the Overhead line and installation of new facilities to continue to provide service to Oncor customers.Oncor will install a steel pole to concrete pole highway and railroad crossing to continue to provide service to Oncor customers.The price provided is contingent upon received approved permits from DART and Union Pacific.The customer has agreed to pay$198,312.40(Labor$ 159,707.96+ Material$30,977.04+FF$7,627.40) 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. 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 Page 2 of 3 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: William Rieqler 115 W.7th St.,Suite 625 Fort Worht,Tx,76102 817-215-6707 (b) If to Customer: City of Fort Worth 200 Texas Street Fort Worth Tx,76102 The above-listed names,titles,and addresses of either Party may be changed by written notification to the other. 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 200 Texas Street 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.The estimated amount to be invoiced is$198,312.40 (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 E c p° erne by, an LLC �Y'cu� � �Otitc�ic,at,u� AF FRO�IED CITY OF FORT 'KORTH Signature Craig Robicheaux - 1 Printed Name su n Alanis Metro West Design Manager Assistant cite ManagerTitle 06/04/2019 1 12:43:00 PM CDT Date: (o a `7 � AP PR 'vTAL RECOMMENDED: ATTEST: F 0RT o Steue l'OC}ie i ' _ r c Interin Director, --=t. Secre ary Transportation/Public Work5 D'epartmenv APPROVED AS TO FORM AND LEGALITY: a � M&C CCZI U Ia Douglas W. Black Date: f-/25/19 Senior Assistant City Attorney Contract Compliance Manager: By signing I aclmowledge that I am the person responsible for the rnanitoring and administration of this contract, including ensuring all perforcmance and reporting requirements. l'& /1�� ' Michael Weiss, P.E. Senior Professional Engineer F CORDTARY' NC R i, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoaT�� REFERENCE ** 20HEMPHILL UTILITY DATE: 6/25/2019 NO : C-29170 LOG NAME: RELOCATIONS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of Change Order No. 3 to the Construction Manager-at-Risk Agreement with McCarthy Building Companies, Inc. (CSC No. 45717) for a Reduction in the Amount of$198,312.40 from the Owner's Allowance and Authorize the Execution of a Discretionary Service Agreement in an Amount Not to Exceed $198,312.40 with Oncor Electric Delivery Company, LLC for the Installation of Permanent Overhead Electric Utilities Across Union Pacific Railroad and Interstate Highway 30 Right-of-Way Related to the Construction of Hemphill Street Connector Project from Lancaster Avenue to West Vickery Boulevard (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Change Order No. 3 to the Construction Manager-at-Risk Agreement with McCarthy Building Companies, Inc. (CSC No. 45717) for a reduction in the amount of $198,312.40 from the Owner's Allowance for utility relocations for the construction of the Hemphill Street Connector Project from Lancaster Avenue to West Vickery Boulevard; and 2. Authorize the execution of a Discretionary Service Agreement with Oncor Electric Delivery Company, LLC in an amount not to exceed $198,312.40 for the installation of permanent overhead electric utilities across Union Pacific Railroad and Interstate Highway 30 Right-of- Way related to the construction of the Hemphill Street Connector Project from Lancaster Avenue to West Vickery Boulevard. DISCUSSION: The Hemphill Street Connector Project extends from Lancaster Avenue to West Vickery Boulevard under Union Pacific Railroad and Interstate Highway 30. This project includes constructing a new 4-lane arterial street with turn lanes, railroad bridge and tracks, excavation, retaining walls, paving, storm drainage improvements, shared use path, sidewalks, streetlights, traffic signals, landscaping and irrigation. On March 13, 2018 the City administratively executed a Discretionary Service Agreement with Oncor Electric Delivery Company, LLC (Oncor) in the amount of$70,620.16 (CSC No. 50374) for the removal of approximately 400 feet of overhead electrical line on wood poles crossing Union Pacific Railroad and IH-30 right-of-way to facilitate construction of the temporary shoo-fly tracks required during construction of the new railroad bridge. The overhead electric line was temporarily relocated within the City's Lancaster Avenue and Jennings Avenue right-of-way and there was no interruption in electric services to the United States Post Office, T&P Warehouse, and the T&P train station. The City authorized the use of allowance funds contained in the CMAR Agreement in the amount of$73,092.00 (CSC No. 45717-A3AR5) for removing, relocating, and/or demolishing existing utilities within the right- of-way. Under this new Discretionary Service Agreement, Oncor will install a new overhead electric line on permanent concrete poles east of Hemphill Street across Union Pacific Railroad and Interstate Highway 30 Right-of-Way clear of the railroad tracks and bridge. The total cost for this Agreement is $198,312.40 and will be funded by reducing the Owner's Allowance designated for removing, relocating, and/or demolishing existing utilities within the right-of-way. City staff considers these costs to be fair and reasonable for the proposed scope of services. http://apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=27134&councildate=6/25/2019 6/25/2019 M&C Review Page 2 of 2 The Hemphill Street Connector Project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated of the Street Improvements Supplemental Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Michael Weiss (8485) ATTACHMENTS 20HEMPHILL UTILITY MAP.pdf http://apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=27134&councildate=6/25/2019 6/25/2019 MAYOR AND COUNCIL COMMUNICATION MAP 20HEMPHILL UTILITY MAP 287 ELLA C/^ �10THWY DI�.TEX°SD 13TH ¢ O 16�� ` ` II Tf 19TH T ' ' STaFWY g 15TH 111-0 LANCASTERAL F tj LANCASTER �.1RE -"- ''' �� 3El H ==-= PgR-UPsft= — I PRESI w� ,vjEST FWY WEST =_=_=_== -=__ a. - F1NY _ _ L)i VIC ER RVIS O z DD zw E: j i i� A GETT DAGG f O 0 DA ETT H ❑ z AD Q BROA AY w J O Lu ¢ u w J STEL O J BR DWAY r, i„' :;.i a� z C� D rn D CL L D i TEL r! W w (n ;rl BE SIE ~ Z O 0 J i PE RS TH ¢ z y n T CK ��! y Z TUCKER O Z LL W a' ANNI � O[ •♦ s g PEl NNS.Y.LVANIA a Tr z F ATTITI E fiCIN52C11___61� EIEI� NN �D�l t'ry -�"o __ rt II��tt CAN ON r LEUD a D DD DD r ILL] c 1:21 z --- - D - 48" STORM ' ONCOR D N 00 DRAIN"` a ELECTRIC - a 3 D SHWO LI1�TE ~ PUL SKI Z Z DDDO z O ROSEDALE DwUj DDD _o MAGNOLIA � 0 500 1000 M 1 1Ft OZ . 0 250 500 MAD ox '' PROJECT LOCATION DETAIL - Copyright 2014 City of Fort Worth. Unoutharixed reproduction Ia a vialaWn of opplkable lass This product is for informational purposes and may not have been prepared for or be suitable for legal,art&oering,or surveying purpona. n doee not!t nsent an on.IM-ground survey and represents any the approAmab relative to allan of pnperq boundaries. CITY PROJECT#00141