The URL can be used to link to this page

Home My WebLink AboutContract 34140Tariff for Retail Delivery Service TXU Electric Deliv�ry Company r,,,"` ��;�� ' ' ° � ��,'C� . ��--- _— ; 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 ("AgreemenP') is made and entered into this 19 dav 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: �his �SH is far iaweririy o� c-xisting electric utilifiies. �XD�`� to provide final elevation for proposed street. Company will per TXDOT direction remove 3 ft of flowable cover of 70 ft. of existing ductline, believed to be 4 to 5ft below existing grade. A 20sq ft section old existing concrete median will need to be removed, as requested by Ed Bell. Manhole neck will have to be removed and top of ring and cover will be lowered to within 4" + or - of final elevation. Company will not be responsible for street pavement. This cost does not cover any relocation of conduit found to be higher than expected in the future street base. The cost to the customer is estimated to be $17,954.80. Customer will pay actual costs incurred on rh� �rcajec�, �� cJetaile�! in "�th�r termc ar�d ccrr�ditions" s�etion �� hi� �qrr�emer�t. 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 relleve Company or Customer of any obligation accrued or accruing priorto termination. 5. No Other Obligations -- This Agreement does hot 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, �nd 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 expre5sly 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 wlliams 115 West 7'� Street, Suite 605 Fort Worth, Texas 76102 �i��')�� '��1��°�== ��C� �� 'll?j� ��. ��`��W, ��. Tariff for Retail Delivery 5ervice 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 (b) If to Customer. City of Fort Worth Attn: Linda Young 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. 10. Invoicing and Payment — Invoices for any discretionary services covered by thls 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 Thookmorton 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 cafculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5°k 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 pertormed 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 3D 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 E E T IC �y RY C MPANY BY: �� _." �'�Y-, �� Phil R. Norton, PE TITLE: Network System Manager DATE: " / (� .�<<��.s��;;� 0�-�! �� ta�ty Hendr'_ � CITY OF F WO H BY: . �= Marc A. Ott riT�E: Assist�nt City Manager DA +,.11y .-)Cl:1c�.�L )� � i@7(� A��.a'` �: a�e��i��rr� � i'�' y /U — G� � ��. ,.�-�� '�� i 1 �'`1 r;��.�J'�� '�� ; °�� `?r:'�J'�� Li�, �ORTWORTH October 10, 20Q6 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 COSTS ASSOCIATED WITH PROTECTION OF TXU FACILITIES LOCATED IN CITY RIGH'i-OF-WAY AND IN CONFLICT WITH THE CITY'S LANCASTER AVENUE ROAD IMPROVEMENT PROJECT ON MAIN STREET BETWEEN VICKERY AND LANCASTER Dear Mr. Norton, The City of Fort Worth ("City") has received the TXU Electric Delivery Company ("TXU") 6.3.4 Discretionary Service Agreement form ("DSA") for TXU's proposed work on the ab�ve referenced project. TXU has advised the City that TXU will not protect TXU facilities located in City right-of-way and in conflict with the City's Lancaster Avenue road improvement pro�ect e�n Ma�^ Street between Vickery and Lan�aster Avenue. The DSA requires that the City reimburse TXU an estimated cost of $17,954.80 for TXU's protection of its facilities by the following scope of work: Remove 3 feet of flowable cover of 70 feet of existing ductline. Remove 20 square foot section of existing concrete median. Remove manhole neck. Lower ring and cover. 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. �__, __ __ G__--�—�._—_�— — —� CI'PY MANAGER'S OFFICE THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, TEXAS 761 817-392-6111 * Fa,x 817-392-6134 "^� ��3�, �I ��1 ��{��'�n( �1 `, � 1,�•yb JJ�I�:7V�: �� '��°?� �1(?4� � i?eN1;�' �,U�I �i�^; %• � =r Printed on recycled paper Continued — Mr. Phil R. Norton, P.E. October 10, 2006 Pag� 2 of 2 Notwithstanding the above, we agree to reimburse TXU the estimated amount of $17,954.80 representing the cost to protect the TXU facility in the City's right-of-way. The City-executed DSA 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 TXU facilities or to seek to recover the City's payment made herein under protest. ry tr �y'� our /�� , Marc A � tt Assistant City Manager Enclosure: Discretionary Agreement AJR/tul ��,J�'�� ,�� 1� ��'�'r��n. ��%��.