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Home My WebLink AboutContract 34119Tariff for Retail Delivery Service �.%i`i�;( ;a�:�;��q�� i'� � TXU Electric Delivery Company '-%��T�/��; ; �t� . '��:�.�_ , 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1 of 2 Effective Date: January 1, 2002 Revision: Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 21st day of August, 2006, by TXU Electric Delivery ("TXU Electric Delivery Company" or "Company"), a Texas corporation a�a distribution utility, and the City of Fort Worth ("Customer'), a municipal corporation, each hereinafter sometimes referred to individually as "Part�' 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 customer aqrees to pav $40,596.07 to TXU Electric Deliverv for removal of line alonq Brvice Ave. Customer aqrees to all civil work in accordance with TXU Electric Deliverv desiqn standards. After work is completed and poles are removed companv will abandon easement. 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 upon acceptance and signature and continues in effect until TXU ED construction is completed. 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. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [specify any prior agreements being superseded], 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 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: Tim Dolan 2501 Urban Drive Fort Worth, TX 76106 I .— , • � � �� l ��i��i� � i��D� ,:;�Y�'vl..� ;.,:��J�� v��,� ��;�1?i� '� �.�� y�'y;; ,osrl� ❑'��9 �, , ,','�;i'�1;UJl� uLG+1, � Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 2 Effective Date: January 1, 2002 Revision: Original (b) If to Customer: City of Fort Worth Attn: Michael Weiss, P.E. 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. 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: Michael Weiss, P.E. 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 — The city is obligated to pay actual charges for this work. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXU ELECTRIC DELIVERY BY: Tim Dola/n J� J ' TITLE: Project Manager — Lead DATE: September 25, 2006 D AS TO FORM Assistant.City Attomey !il:t;�`;�:�;.r.l, isy _ _ - - -- - `- ��t��c�� r��i-�:�.:. Citv :��ecretar��; CITY OF FORT WORTH APPROVAL RECOMMENDED: A � /„ �i% ` � Robert Goode, P.E. TPW Director DATE: �� APPROV.DY Maro tt� Assistant City Manage � ` `� 1 i r�� -�� ,.�._.. Contrac�: �u�hari��ic��a `l `�� , DaLe City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/19/2006 DATE: Tuesday, September 19, 2006 LOG NAME: 20HARLEY TXU REFERENCE NO.: **C-21685 SUBJECT: Authorize Execution of a Discretionary Service Agreement with TXU Electric Delivery Company to Relocate Overhead Electric Lines at the Old Harley Avenue Service Center for the Construction of a Parking Lot to Serve the Will Rogers Complex RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Discretionary Service Agreement with TXU Electric Delivery Company to relocate overhead electric lines at the old Harley Avenue Service Center for the construction of a new parking lot to serve the �II Rogers Complex at an estimated cost to the city of $40,596.07. DISCUSSION: The 2004 Capital Improvement Program includes funds in the amount of $9,060,000 for the realignment of Harley Street. This project includes demolition of the existing Harley Street Service Center; construction of a new parking lot; landscaping Gendy Street, Phase II; and realignment of Harley Street and related infrastructure. On July 28, 2006, (M&C C-21448) the City Council authorized an Interlocal Agreement with Tarrant County for construction of a new parking lot located at 3409 Harley Avenue to serve the Will Rogers Complex at an estimated cost to the City of $900,000. On May 9, 2006, (M&C C-21448) the City Council authorized an Interlocal Agreement with Tarrant County for the demolition and removal of debris from the old Harley Avenue Service Center at an estimated cost to the City of $80,000. The relocation of TXU's overhead electric lines is needed to provide additional parking spaces at the new lot. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Street Improvement Fund. Logname: SSSPINKS RAMP Page 1 of 2 TO Fund/Account/Centers Submitted for City Manager's Office bX: Originating Department Head: Additional Information Contact: FROM Fund/AccountJCenters C200 541200 207230014371 $40, 596.07 Marc Ott (8476) Robert Goode (7804) Robert Goode (7804) Logname: SSSPINKS RAMP Page 2 of 2