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HomeMy WebLinkAboutContract 44295 (2)Tariff for Retail Delivery Service Oncor Electric Delivery Company !Min CONTRACTSECRE"f't4O.JJ. 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 634 Discretionary Service Asrree ent Page 1 of 3 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this day of , 2013, by Oncor Electric Delivery Company, LLC ("Company"), a Delaware limited liability company, 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 construction of the White Settlement Road bridge in conjunction with the Trinity River vision project causes a need to relocate five (5) steel pole structures on the "Company's" North Main S.E S. — Calmont 138kV Line. This agreement 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 on fcL27. 2.013and continues in effect until 4 )1 AtinilCt5 }tip cos Termination of this Agreement does not relieve Company or Customer of anyobligation accrued or accruingprior to termination. roV M` Meth b p Y 9� y or 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any serviceOn noc.t hecewtc r expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that art, it may desire from Company or any third party. Con _ . _ I • 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. qv/ 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 I _ vtan e 1 [specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no onger 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. 7' St. Suite 1105 Ft. Worth, Texas 76102 RCEIVED MAR 10 ro,=.1.r___FiciAL RECORD CITY SECRE'rARy P7. WORTh, TX 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: Cfy 1 of (441 Ma/k. V2au,ctSer. Plan tDederIofrntrJ- l Pt4o i grb Tt ing,kviAct l v% St'.. 2.d Pinar Feats WDc44et1T,A The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. Page 2 of 3 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. saw`t aS 9 (tip 121 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 [$1,321,317.33] ("Estimated Costs"), subject to adjustments by Company pursuant to Section 15.1(a)(i); and (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 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 Costs within thirty (30) days from receipt of same. documentation. Page 3of3 Revision: Original All invoices shall be accompanied by the appropriate supporting 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: J 9;411F0Aria4k AZ, 000000 By: Name: Title: Date: City of Fort 1/1/oa naispolasio Fernando Costa Assistant City Manager SAPC14 4 Approved as to Form and Legality: 7nzlivaSJ2LnoHrcAegre Aei Peter Vaky Deputy City Attorney 00 .ATTEST: ooC 0 `'. Oos T�� ry Kayser ity Secreta > 9000000' .c�• Date: -� b2°_ c zs5ti 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ONCOR ELECTRIC DELIVERY COMPANY North Main S.E.S. - Calmont 138kV White Settlement Rd. (TRV) Relocation WA# 13T61020 Cost Estimate Expense Code 130 Structures 130 POLE, STEEL, 95 FT, SC DE 130 POLE, STEEL, 100FT, SC DE 130 POLE, STEEL, 120FT, SC TAN 130 POLE, STEEL, 135FT SC TAN 130 Materials 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 300 CY @ $700/CY. 126 Rebar Installation 60,000 lbs. @ $1.00nb. 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/ROW Services 126 Labor Contingency Subtotals Qty. Price Per Unit 1 1 1 2 $140,000.00 $150, 000.00 $95,000.00 $105,000.00 Material Costs Total Labor Costs Construction Overhead Salvage Fedral Income Tax Treatment (N/A) Total Costs Totals Sub -Totals $140,000.00 $150,000.00 $95,000.00 $210,000.00 $18, 392.97 $50,604.92 $6,791 25 $670,789.14 $50,000.00 $3,850.00 $885.50 $627.93 $236.78 $59 21 $2,091.20 $29.61 $757.68 $177,399.00 $0.00 $0.00 $210,000.00 $60,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 $15,000.00 $10,000.00 $0.00 $0.00 $15,000.00 $0.00 $5,000.00 $0.00 $575,936.91 $74,591.28 $0.00 $0.00 $1,321,317.33 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 COND." 1798 3 MGM AGAR 405,g. 5. /57607 /WAX. TEN. /f/CE, 441/44 20°.a ST,PJNQ .724,91E ti 764 -39.502 Sh. #16,- SA6. CORVE - TS0-.3 9,3 7 STAT/C 'rep2NS T ST. 4NIJ 4oO-.e. s, A�¢.3 .-W4 . TEN 5'Tit//VO TAf.3LE 75A- 82¢20 SM. 2 ALL //V L/M7o,eS rcoar_ coO 6,es-)' 4W1IVG EL L S UNLESS NOTE/ OThierPif//5E, 4/1 %r. 5 fer"_ryt.94.( 2 &Ie:95 othercJJ e Noted. NOTE= (PER.A5.MitL/IJMS_5 31-8S) EX/5T .2/5T. TO 'SE COWERED- TO -30=0''.4f. YF - Qf;QOVND ON EX/S1. /D/5T. POGE5, D/ST. 2V CONr L'7 /38 KY STEEL POLE5 30t0 A YE /5OTTOM Off' /4°01.E, UNLE63 NOTED 07//ER/V/SE, el t CT A96 • PI4 5/NO COOK/NG 7VEST Nore 5tr. t/o.5 / ,Jcz. No.S Rehr [o O/d C09 /Cl/ Line. f tAP"' 22152 20/00 CZ d t y 1-4 to el 4 r227' 4I • NOP 34.3 Uj 0 J o/ 3 zzr/62 144 bet 1 1 4 colz 414 ♦ 5 25.84 90' RULING SPAN / " 1\•. RULING SPAN 425' I/ 525' 1 10 N IQ 356' 296' 28.80 -90' 1 rn 1 N • N • r• In 00 0 00 cUQ H- Z 0 1- cnOQ v7 ]!4` 1 / /// /1/ I I 1 N 103) oI M 't IoIQ O0't I. Ix telo Ia J • 1 ICC 10/00 1I ,o 1 I ten" / •� • / 1 ea Ma 1 1 P 1 1 1 RULING SPAN RULING SPAN 525' Nj 1/ 425' DIST. TO CONTACT Q 35.0' ABOVE BOTTOM OF POLE 507' «/A 1 1 44.81 - 90' Z wI- w�0 I 0Cr in et I-- O= OD't inU OO tT In .4-et co O cr.) 1 - EXISTING DISTRIBUTION (TO BE RELOCATED) - PROPOSED ROAD FILL AREA - TO BE INSTALLED - TO BE REMOVED - PROPOSED BORE LOCATION 1- ILIM 4.4 • tttil II • Is\AY 416' 9CX L SHIELD: 3/8 EHS X 7 STRAND RULING SPAN: 400' MAX TENSION: 4843 LBS 20° , 4LB WIND, 1" ICE 2.69' OF SAG C 60° FINAL RULING SPAN: 525' MAX TENSION: 4843 LBS © 20° , 4LB WIND, 1" ICE 8.02' OF SAG Q 60° FINAL CONDUCTOR: 1798.3 ACAR ( 30/31 STRANDING) RULING SPAN: 425' MAX TENSION: 15767 LBS C 20° , 4L8 WIND, 1" ICE 12.01' OF SAG © 194° FINAL RULING SPAN: 525' MAX TENSION: 15767 LBS CI 20° , 4LB WIND, 1" ICE 16.26' OF SAG Q 194° FINAL CONDUCTOR: 1590 ACSR (FALCON) RULING SPAN: 525' 347' MAX TENSION: 15767 LBS C 20° , 4LB WIND, 1" ICE 15.47' OF SAG 0 194° FINAL ti h to WHITE SETTLE RD F.457 o� Zip 358' i LEVEE 11 11 11 11 11 AI BRIDGE SUPPORT G 20UND LINE LEVEE DETAIL STR. 1/11 H ENG/A,€ poi 0 084: 4, c;a* •. 11( „Jr�^�••'*BOB- n. e JEFFREY 8. DIETZMAN o a o ft.101051 ?cc". o AABB4\00cS<ICENS' — ��*J OHO T �F-1592 PEVISED O7113 4 0 CD 415970002 W 0 1 0 3Is 46 DENOTES TILER TO BE REMOVED OAT[ -...1Working1415970002_c.dgn 2/14/2013 1:59:22 PM NI VMS eat. Iwt s• i MO 1 6010,010 yTt RrH1d earl This n txo /A1101t° UPDATED THE WHITE SETTLEI.NT ROAD LAYOUT DRAWINGS CHANGED THE FUTURE CdC1CTOR aims. sari MI5 BMW BMW n J0 JD or0 li-e6-d 0ITc ASSIGN Qi 5 POSTED AS GUILTS REVISED STR 2/3 FR014 SK 4A TO SK IA RELOCATE STRS 1/11 1/12 ItmKu pea nut Ott D ReR 41597-000 ROR aoK SHE : TS NO. 002 COUNCIL ACTION: Approved DATE: 3/20/2012 REFERENCE NO.: C-25502 CODE: C SUBJECT: TYPE: NON - CONSENT on 3/20/2012 LOG NAME: PUBLIC HEARING: 06ONCOR TRV AGREEMENT NO Authorize Execution of Memorandum of Understanding and Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC Outlining Responsibilities and Processes for Utility Relocations Required by Trinity River Vision -Central City Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of a Memorandum of Understanding and, if necessary a Master Utility Relocation Agreement with Oncor Electric Delivery Company LLC, outlining responsibilities and processes for utility relocations required by the Trinity River Vision - Central City project DISCUSSION: On June 3, 2003, (M&C G-13989) City Council adopted the Trinity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries The Tarrant Regional Water District (TRWD), in cooperation with Streams and Valleys, Inc., the United States Army Corps of Engineers and the City of Fort Worth led the effort to prepare the master plan. The Trinity River Vision -Central City project will alter the flow of the Trinity River at the confluence of the Clear and West Forks near Downtown with a primary purpose of reducing Central City flooding threats. The project will also better control the flow of the Tnnity River so as to allow greater public access to the river, increased recreational opportunities, ecosystem enhancements, and an urban waterfront that will enable economic redevelopment efforts. The City Council, the Tarrant County Commissioners Court, the TRWD board and Streams and Valleys, Inc., have all endorsed the Tnnity River Vision -Central City project Over the past year, Oncor and the City have had multiple discussions with respect to who ultimately bears the financial responsibility for an estimated $3 million worth of Oncor utility relocations that are required as a result of the Trinity River Vision -Central City project. The relocations involve facilities located in public rights -of -way and are necessary for construction of both the bypass channel and related street and bridge work. Due to the need to consolidate Oncor facilities in a more efficient manner to enable new storm drainage systems and to open up additional acreage for redevelopment within Trinity Uptown, these discussions have culminated in an Agreement for Oncor to pay 100 percent of the cost to consolidate its facilities located south of Northeast Fourth Street between Main and Calhoun in return for the City and TRWD paying for the cost of utility relocations required by the project. Oncor's facility consolidation is being made possible via separate Agreements between Oncor and TRWD, which recently acquired additional property from the Tarrant County College District to facilitate Oncor s consolidation. This settlement has been reached with the primary purpose and intent of completing the project in a timely and successful manner without the need for either party to pursue legal action. Oncor is expected to invoice the City for utility relocations required for the project's road and bridge work, which is being directed by the City, as relocation work is completed. These invoices will be paid for with funds advanced by TRWD. TRWD will be reimbursed for these expenses under its Agreement with the board of directors of Tax Increment Reinvestment Zone Number Nine, City of Page 1 of 2 Fort Worth, Texas (TRV TIF). As a result, this Agreement will have no financial impact on the City's general fund or capital improvement funds. This project is located in COUNCIL DISTRICT 2 and will benefit ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Randle Harwood (6101) Mark Rauscher (2446) Page 2 of 2