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)
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ONCOR
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