HomeMy WebLinkAboutContract 34244Tariff for Retail Delivery Service CITY SECRET YQ�
TXU Electric Delivery Company CONTRACT - T
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 10 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 26 day of September, 2006, by TXU Electric
Delivery ("TXU Electric Delivery Company" or "Company"), a Texas corporation and distribution utility, and 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:
This DSA is for installing new electric facilities to operate signal, streetlights and irrigation in
the right of way on new Lancaster Ave. Civil work to be done is installing approximately 345
ft of 2" conduit, Sea. subsurface secondary boxes and 5ea. core drills into existing electric
manholes. Electric work to be done is install all 125/216v low voltage cable from manholes to
subsurface secondary boxes, which have been defined as the Customer's point of service.
Taylor Street, 1 box 15 ft of 2 in. conduit, core drill manhole, 1560.00
Jennings Street, 2 box 30 ft of 2 in. conduit, core drill manhole, 3120.00
Throckmorton Street, 2 boxes 30 ft of 2 in. conduit, core drill manhole 3120.00
Houston Street, 2 boxes 30 ft of 2 in. conduit, core drill manhole, 3120.00
Commerce Street, 2 boxes 30 ft of 2 in. conduit, core drill manhole, 3120.00
Company will not be responsible for street pavement. The cost to the customer is estimated
to be $14,040.00. Customer will pay actual costs incurred on this project, as detailed in
"Other terms and conditions" section of this agreement.
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 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 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. 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
N f i 7
Attn: Keith Williams w V�
115 Wc+ai 7ch Strswf Ci iitp Fi R
Fyo :'
Tariff for Retail Delivery Service
TXU Electric Delivery Company
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
(b) If to Customer:
City of Fort Worth
Attn: Linda Young
1000 Throckmorton St,
Fort Worth, TX 76102
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
Page 11 of 23
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.
City of Fort Worth
Attn: Linda Young
1000 Throckmorton St.
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 — Customer will be invoiced for any additional charges of the
discretionary services provided upon completion of the project. Customer agrees that payment shall be made within 30
days of the date the invoice is received.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly
authorized representatives.
TXU PDefiv
ery Com any
i
BY:
Phil R. Norton, PE /
TITLE: /Netwo Svstem MMaanaaer
DATE:
City of FoZrc
BY:
'A.O1i
TITLE: A lSistant Gtv MarklW
DATE: I0--3 / - c 6
,,t"tested Rv-
A
Marty Hendr
City Secretary