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HomeMy WebLinkAboutContract 33174 CITY SECRETARY Tariff for Retail Delivery Service CONTRACT No. . TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 11 of 23 Effective Date:January 1,2002 Revision:Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement('Agreement')is made and entered into this M day of October,2005, by TXU Electric Delivery ('TXU Electric Delivery Company"or'Company"), a Texas corporation and distribution utility, and the City of Fort Worth;*Customer"),a City Government,each hereinafter sometimes referred to individually aY'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. TX i=fectnes eliU ry5 IXUED� ahnl esign and construct approxtmateTy �Sttt2,feet of stntr toproectlts cluci lrpe fae litter fto wrtiY;atand artawmurra Uvent foacfsfO,DOD tb oixcasier Avenrieroitr Tajrio� trest��o Comf�ierce�freet' Fr)a1 grade ofucl proaecbbc :stNctura want exc$edF grariendica ea on' Snptsti�rov�der] by " urrer CA11 s cBraBien inc iutetudad xhts gree ent TXiiED�nnq ro e:a1T.cnateriats,labcic; aratl;supengsiort toplete#tai�projeet TXU) w►I Medd verify the,�epth o pts duet Iln9 fac`iit es on Commerce AAarn Houston Da( krncgonfi�"fat Throskfraot ) 1$nnirags an "onroe Streets:and provide this inform�lrotalb l�e Crty of�o?t Wc�for rnctusfcin� e I bocoristructroi�nfs Crty flf facet 1North wnll provtcfeXUEQ yVtth final grade(eevaban t� ttom Xof`sub-. �fiver if?e duct Imes �,ci1Fth resrgn edict conshur duct pfo#ectron sttuctuM (30 starfd a rrta�a0urrt live pots{load ofO,D©0`ib 5, are*,.tequir$d nn cross streets going north froripaticaste# Avenue framsTay or Street to Commerc hest.fiXU i�will protnda alt.materia s, labor; and;;st3pengsion td rxrnplete this p%lect TXU will owerpp ngs.of.;service Notes anthereTegwred to meet Tinct grade rerfty xernen(s: 7 X1J.�fl �`'U remove street tppprrg anc�base where u"�esf tv complete fiction of structure desonbed TXUELtirvtli fJOTba responSiola for teparr:and-replacenter.>t�f sir6et base andptng TXUF :.':vuAl iJDT be; esponslble tor.dispUsat nfi,remouetistree# materialsrom, e s►e: �hrs project doss not dude modticatrons #b `rXUEb vau{Eruymt3er 2`220 fdtatrf�anr� LanCtrSter) that may<t�e required ,The cost #o the C14}+ of Fort Wort} for the word is e§tirnated to'be$54 ;118 90:'She City of Ford Werthvtlf pay acts�osts'iticurred an<the prctii3ct tfs,iiet�led+ti"+Dthe�Terms enc(Conditions"sAition of this Agresmert: 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 with the execution of this document and continues in effect until final payment is received from the Customer. 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 4 ,f Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 11 of 23 Effective Date:January'1,2002 Revision:Original 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 undertaldng of any kind or nature (whether written or oral)with regard to the subject matter hereof not set forth or provided for herein. 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. TXU Electric Delivery Company Attn:Scott IOng 115 West 7th Street,Suite 605 Fort Worth,Texas 76102 (b)if to Customer. City of Fort Worth Attn:Mr.Rick Trice,P.E. 1000 Throckmorton 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 Attn:Mr Rick Trice,P.E. 1000 Throckmorton 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. 4 Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 11 of 23 Effective Date:January 1,2002 Revision:Original 15. Other Terms and Conditions—The Customer will be invoiced for the actual charges of the discretionary services provided on a quarterly basis,with the final invoice to be delivered upon completion of the project The Customer agrees that payment shall be made within 30 days of the date each invoice is received. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXUlm7e7 COMPA Y CI OF ORT OR BY: BY. hil R.Norton,P.E. Ma TITLE: Network System Manaaer TITLE: Assistant qty Manager DATE: / ! -y —U,S- DATE ATTEST: Ail Marg Hendrix, City Secretary DATE: C—'�� 1 1,17\ ':ontract Authorizatio>a Date ,n FORTWORTH November 9, 2005 v Mr. Phil R.Norton, P.E. Network System Manager TXU Electric Delivery 115 West 7th Street, Suite 605 Fort Worth, Texas 76102 SUBJECT: PAYMENT UNDER PROTEST WITH RESERVATION OF RIGHTS FOR TXU DESIGN & CONSTRUCTION OF 2500 FEET OF TXU DUCT LINE PROTECTION ON LANCASTER AVENUE FROM TAYLOR STREET TO COMMERCE STREET Dear Mr.Norton, The City of Fort Worth ("City") has received a TXU Electric Delivery Company ("TXU") 6.3.4 Discretionary Service Agreement form for TXU's proposed work on the above referenced project. TXU has advised the City that TXU will not design and construct the 2500 feet of structure to protect TXU's duct line facilities on Lancaster Avenue from Taylor Street to Commerce Street at an estimated cost of$542,148.90, unless the City agrees to reimburse TXU for those costs. The Office of the City Attorney has advised the Transportation and Public Works Department that the City can require TXU, at its sole cost and expense, to take the necessary steps to eliminate the conflict between TXU facilities and the City's project as a proper exercise of the police powers of a municipality to control its rights-of-way by operation of Sec. 283.056(c), Texas Local Government Code. Notwithstanding the above, we agree to reimburse TXU the estimated amount of$542,148.90, representing the cost to reinforce TXU facilities in the City's right-of-way. The City-executed Discretionary Service Agreement is enclosed. This agreement is being made under protest and without 'waiver of any rights the City has to require TXU, at its sole cost and expense, to reinforce its facilities or to seek to recover its payment made herein under protest. J n urs, Assistant City Manager Enclosure: Discretionary Agreement AJR/tul CITY MANAGER'S OFFICE ' THE Crrr of Foirr Wom * 1000 THRocxMORTON STREET * FoeT Wom,TExas 76102 817-392-6111 * Fax 817-392-6134 �«Printed on recycled paper Page 1 of City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2005 DATE: Tuesday, November 01, 2005 LOG NAME: 20TXU/LANCASTER REFERENCE NO.: **C-21118 SUBJECT: Authorize Execution of a Discretionary Service Agreement with TXU Electric Delivery Company to Protect Its Duct Lines on Lancaster Avenue from Taylor Street to Commerce Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Discretionary Service Agreement with TXU Electric Delivery Company to construct approximately 2,500 linear feet of structure to protect its duct line facilities on Lancaster Avenue from Taylor Street to Commerce Street, at an estimated cost to the city of$542,148.90. DISCUSSION: On October 18, 2005, Informal Report 8721 (IR) was presented to Council summarizing the situation that has arisen on Lancaster Avenue associated with the street reconstruction and the conflict with the TXU duct lines. City staff has now received plans and estimates from TXU. The plans call for reinforced concrete protection caps over the lines. TXU proposes to do this work at an estimated cost of $542,148.90. Because the reconstruction of Lancaster is not a road straightening or widening project TXU is claiming that the City must reimburse them for the cost. The subject agreement calls for the City to pay on the basis of invoices from TXU as the work is done. Their schedule is to the begin work in early November and complete it in January. This will allow the street reconstruction to resume with a projected completion date of November 2006. There are contingency funds remaining in the project account to cover these costs. However, the City believes that it has the legal right as part of its police powers to require TXU to protect its lines at its own expense. Therefore, any payments made to TXU under this agreement will be made under protest and will be subject to all legal rights and remedies of the City. The duct lines are located in COUNCIL DISTRICT 9. FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvement Fund. N "� � 1�r} http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2001 Page 2 of TO Fund/Account/Centers FROM Fund/Account/Centers C115 541200 020115023246 $542,148.90 Submitted for City Manager's Office by- Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Tom Leuschen (2442) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/1/2001