HomeMy WebLinkAboutContract 34289Tariff for Retail Delivery Service CITY SECRETARY4 ' )
TXU Electric Delivery Company CONTRACT NO., il--tt-- �t
6.3 Agreements and Forms
Applicable: Entire Certified Service Area Page 10 of 23
Effective Date: January 1, 2002 Revision: Oriqinal
6.3.4 Discretionary Service Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 5 day of February, 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 upgrade of existing electric facilities on 121h and 141h street between Houston
and Throckmorton due to abandonment of 13th street, as requested by customer for new
convention center hotel. Works to be done is removing and installing new duct bank with
manhole in same route and location as existing lines, then reroute existing electric cables
from 13th street. The cost to the customer is estimated to be $992,376.00. Customer charges
will be invoiced monthly. Customer will pay actual costs incurred on the 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.
S. 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
Attn: Keith Williams
115 West 7'" Street, Suite 605
Fort Worth, Texas 76102
Tariff for Retail Delivery Service
TXU Electric Delivery Company
r�
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: January 1, 2002
(b) If to Customer:
City of Fort Worth
Attn: Doug Rademaker
1000 Thockmorton Street
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: Doug Rademaker
1000 Thockmorton Street
Fort Worth, TX 76102
If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds
transfer. Electronk: 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.
r.._ _.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly
authorized representatives.
TXU E R MNY
BY:
Phil R. Norton, PE
TITLE: Network Svstem Manager
DATE: f 1 —v ! 'Q 6
CITY OF O W TH
BY'
Marc A.
TITLE: Assistant City Manager
DATE:
//— /D —O �
ApPROYM AS TO F91(k'Ob LEGALITY:
Contract Authori aatioJi
ocncy
,d_ r
Date
City of Fort Worth, Texas
(Mayor and Council Communication
COUNCIL ACTION: Approved on 4/11/2006 - Ordinance No. 16892-04-2006 & 16893-04-2006
DATE: Tuesday, April 11, 2006
LOG NAME: 303012TH-TEDC2 REFERENCE NO.: C-21400
SUBJECT:
Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of
Discretionary Service Agreements with TXU Electric Delivery Company for the Relocation of
Existing TXU Facilities Located on 12th Street, 14th Street, Throckmorton Street and Houston Street
(City Project No. 00136)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by
$1,571,233.00 and decreasing the unreserved, undesignated fund balance by the same amount;
2. Authorize the transfer of $1,571,233.00 from the Culture and Tourism Fund to the Specially Funded
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of $1,571,233.00, from available funds; and
4. Authorize the City Manager to execute three Discretionary Services Agreements with TXU Electric
Delivery Company (TXU) under which the City will make payments under protest totaling $1,571,233.00 for
the relocation and/or upgrade of existing TXU facilities located on 12th Street, 14th Street, Throckmorton
Street and Houston Street.
DISCUSSION:
In order to construct the City's new parking garage and the Omni Hotel west of the Fort Worth Convention
Center, it is necessary to relocate all private utility service conflicts located on 12th and 14th Streets
(Throckmorton Street to Houston Street) and Throckmorton and Houston Streets (11th Street to 14th
Street).
In order to eliminate these conflicts, TXU's facilities must be relocated. TXU has requested that the City
execute three Discretionary Service Agreements and pay a total of $1,571,233.00 for the relocation of its
facilities at the following locations:
1. Electric Facility relocation north of Throckmorton and 14th Streets due to conflict with proposed storm
drain sewer. ($269,645.00)
2. Upgrade of Electric Facilities at 12th and 14th Streets due to the pending abandonment of 13th
Street. ($992,376.00)
3. Electric Facility relocation on Houston Street, north of 14th Street due to proposed storm drain sewer
Logname: 303012TH-TEDC2 PacrP 1 of
conflict. ($309,212.00)
The City Attorney's Office has advised staff that TXU may be responsible for some or all costs related to the
,relocation andlor upgrade of TXU facilities located in City right-of-way. However, in order to avoid a lengthy
delay in the construction of the hotel and City garage, staff recommends that the City pay the amount
requested by TXU. Staff will inform TXU that the payment will be made under protest and without waiver of
any rights the City has to seek reimbursement of the $1,571,233.00.
The project is located in COUNCIL DISTRICT 9, Mapsco 77A.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and
Tourism Fund will be $12,654.074 after this appropriation.
TO Fund/Account/Centers FROM Fund/Account/Centers
1)GG04 538070 0240400 $1.571.233.00 2)GG04 538070 0240400 $1.571.233.00
2 &3)C291 472004 3092400136 $1.571.233.00 4)C291 539120 3092400136 9';t $1.571.233.00
3)C291 539120 30924001367 $1.571.233.00
Submitted for Citv Manager's Office bv: Marc Ott (8476)
Originating Deoartment Head: Douglas Rademaker (6157)
Additional Information Contact: Douglas Rademaker (6157)
Logname: 303012TH-TEDC2 n___ n _r-