HomeMy WebLinkAboutContract 31914 CITY SECRETARY
Cor.ITRAcT NO, 1
Tariff for Retail Delivery Service
TXU Electric Delivery Company
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 25th day of May,2005 by TXU Electric Delivery
("TXU Electric Delivery Company"or"Company")a Texas corporation and distribution utility,and City of Fort Worth, a Municipality,
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$23,715.58 for
the following discretionary services in accordance with this Agreement.DD9-FACILITIES RELOCATION/REMOVAL CHARGE, ,
Cost is for providing service to the Water Dept.Lift Station,located at Lot 54 in the David Strickland Survey,Abstract No. 1376.
Customer is responsible for all civil.Cost is good for 30 days.
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 applicable PUCT Substantive Rules and company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of
this Agreenient to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement,the terms used
herein have the meaning 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 EXECUTION and continues in effect until ALL WORK
IS COMPLETE. Termination of this Agreement does not relieve Company or Customer of any oblication 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 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 AUTHORITY-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 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 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 herein,
which agreements are unaffected by this Agreement. q
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
9. NOTICES-Notices given under this Agreement are deemed to have been duly delivered if by hand or sent by United States
certified mail,return receipt requested,postage prepaid,to:
[a] If to Company:
100 W.Morningside Dr.
Fort Worth,TX 76110
[b] If to Customer:
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 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.
100 W.Morningside Dr.
Fort Worth,TX 76110
If Company transmits electronic invoices to customer,Customer must make payment to Company by electronic funds transfer.
Electronic invoicing and payment by electric funds transfer will be conducted in accordance with Company's standard procedures.
Company must receive payment by the due dale 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 WAVER -A 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 tax)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 of no significance or construction of this Agreement.
14. MULTIPLE COUNTERPARTS-This Agreement maybe executed in two or more counterparts,each of which is deemed an
original but constitute one and the same instrument.
NO M&C REQUIRED
15. OTHER TERMS AND CONDITIONS-
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized
representatives.
TXU Electric ive City of Fort Worth
By: BY:
TITLE: As-so, —+g- TITLE: � /HJT^ C4+4
DATE: 5�oz 605 DATE:
A,[Lested BY
APPROVED AS TO
AN LEGALITY:
irlartMend
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City Secretary
ASSISTANT CITY ATTORNEY
�� TXU
v4L'� Electric Delivery
TXU Electric Delivery
100 W.Morningside Dr.
Fort Worth,Texas 76110
Tel: 817-215-4329
Fax:817-215-4984
pjacks1 @txued.com
May 25, 2005
Mr. Chris Harder
City of Fort Worth
1000 Throclanorton St.
Fort Worth,TX 76102
Re: Enchanted Bay Lift Station
Dear Mr. Harder:
Enclosed please find an executable copy of a Discretionary Service Agreement with TXU Electric Delivery
Company and an invoice in the amount of $23,715.58 for the provision of for the above referenced project.
Please execute the agreement in the area designated as Accepted by Customer and return the agreement to this
office along with the amount indicated above.
If you have any questions regarding this matter,please call me at 817-215-4329.
Sincerely,
Paul Jacks
PMDS Project Designer