HomeMy WebLinkAboutContract 34798Tariff for Retail Delivery Service C��-y �E�f�Ei�RY Q�
TXU Electric Delivery Company ���T�A�T �q� _ u_^
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 ("AgreemenY') is made and entered into this 14"' dav of August, 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 relocation of existing electric facilities on Intermodal Parkway across the new
FM 156 right-of-way to clear the proposed roadway, as requested by customer. Work to be
done includes installing two manholes over existing duct bank with new duct bank between
the manholes, rerouting existing electric cables from the existing duct bank to the new duct
bank, abandoning in place one manhole, and abandoning in place the existing duct structure
between the two new manholes. The cost to the customer is estimated to be $343,309.98.
Customer charges will be invoiced upon completion of the TXU Electric Delivery project.
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 othervvise 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
Attn: Mark McCandless
115 West 7`h Street, Suite 605
Fort Worth, Texas 76102
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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
(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.
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. 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 L'E TRI� DE V Y CO PANY
BY: ` ,i'l,�_�� � (� � � � �� �
Phil R. Norton, PE
TITLE: Network System Manaper
DATE: / c�, 'J �% C�
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/9/2007
DATE: Tuesday, January 09, 2007
LOG NAME: 30ALLIANCE RELO REFERENCE NO.: **C-21922
SUBJECT:
Authorize the Execution of Utility Relocation Reimbursement Agreements with AboveNet
Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc., McLeodUSA
Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline, L.P. and TXU Electric Delivery Company as Required for the
Relocation of FM 156 as Part of the Runway Extension Project at Fort Worth Alliance Airport (DOE
4867)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of utility relocation reimbursement
agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc.,
McLeodUSA Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline L.P., and TXU Electric Delivery Company totaling $1,172,312.04 as
required for the relocation of FM 156 as part of the runway extension project at Fort Worth Alliance Airport..
DISCUSSION:
These utility relocation reimbursement agreements are required in connection with the realignment of
approximately 4.53 miles of FM 156 from downtown Haslet north to the existing FM 156 south of the SH
114 Interchange made necessary by the runway extension at Fort Worth Alliance Airport. In order to
construct the new location of FM 156, it is necessary to relocate all private utility service conflicts located
on the proposed FM156 and the existing FM 156. In order to eliminate these conflicts, the utility facilities
must be relocated and the owners of the facilities reimbursed as follows:
Abovenet Communications, Inc.
TCG Dallas
Southwestern Gas Pipeline, Inc.
McLeodUSA Telecommunications Services
Qwest Communications Corporation
Southwestern Bell Telephone, L.P.
Sunoco Pipeline, L.P.
TXU Electric Delivery Company
Total
The project is located in COUNCIL DISTRICT 2.
http://www. cfwnet. org/council�acket/Reports/mc�rint. asp
$319,064.40
$43,695.00
$98,881.00
$151,378.00
$33,106.00
$43,975.66
$138,902.00
$343,309.98
$1,172,312.04
2/8/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the current capital budget of the
Airport Grants Fund.
TO Fund/AccountlCenters
GR14 539120 055218035800 $323,675.34
GR14 534120 055218086800 $848,363.70
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Mark Thigpen (8366)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/8/2007