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R-09-02-12-10F3 - 2/12/2009RESOLUTION NO. R -09-02-12-10F3 WHEREAS, the City of Round Rock ("City") is planning a street improvements project for the Southwest Area Downtown Infrastructure Phase 1B ("Project"), and WHEREAS, Oncor Electric Delivery Company LLC ("Oncor") has overhead electrical facilities which must be relocated in order to proceed with the Project, and WHEREAS, the City and Oncor wish to enter into a Discretionary Service Agreement for the relocation of said electrical facilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement with Oncor Electric Delivery Company LLC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. ALAN MCGRAW, Mayor ATTEST: AA �/) �� A�17�-A' City of Round Rock, Texas SARA L. WHITE, City Secretary O:\WDOX\RESOLUTI\R90212F3. DOC/rmc Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC, a Delaware limited liability co 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 6.3.4 Discretionary Service Agreement ORIGINAL ny Page 1 of 2 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this 14th day of January, 2009, by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and City Of Round Rock, Texas ("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 discretionary services in accordance with this Agreement as specified in the attached Exhibit A. 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 Agreement execution and continues in effect until completion of requested construction. 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 at 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 N/A [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: Bob Fajkus, Sr. NCM Manager ONCOR Electric Delivery 350 Texas Ave Round Rock, TX 78664 EXHIBIT „An Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC, a Delaware limited liability company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 (b) If to Customer: Page 2 of 3 Revision: Original 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. 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 agrees that payment of $1,040,732.23 shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. 16. Ownership of Manholes - Customer hereby transfers, conveys and assigns to Company all switchgear pads, transformer pads, and manholes constructed in connection with the Manhole and Duct Bank Facilities, with such manholes consisting of all necessary and appurtenant structures, including the necks, frames, covers, and ground rods. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. By COMPANY BY: By CUSTOMER BY: TITLE: Sr. NCM Manager TITLE: / - . `::1 DATE: RESOLUTION NO. R -09-02-12-10F3 WHEREAS, the City of Round Rock ("City") is planning a street improvements project for the Southwest Area Downtown Infrastructure Phase 1B ("Project"), and WHEREAS, Oncor Electric Delivery Company LLC ("Oncor") has overhead electrical facilities which must be relocated in order to proceed with the Project, and WHEREAS, the City and Oncor wish to enter into a Discretionary Service Agreement for the relocation of said electrical facilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Discretionary Service Agreement with Oncor Electric Delivery Company LLC, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2009. SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R90212F3.DOC/rmc Om4v' ALAN MCGRAW, Mayor City of Round Rock, Texas Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC, a Delaware limited liability co 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 6.3.4 Discretionary Service Agreement ORIGINAL ny Page 1 of 2 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this 14th day of January, 2009, by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and City Of Round Rock, Texas ("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 discretionary services in accordance with this Agreement as specified in the attached Exhibit A. 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 Agreement execution and continues in effect until completion of requested construction. 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 N/A [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: Bob Fajkus, Sr. NCM Manager ONCOR Electric Delivery 350 Texas Ave Round Rock, TX 78664 EXHIBIT nAn Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC, a Delaware limited liability company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 (b) If to Customer: Page 2 of 3 Revision: Original 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. 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 agrees that payment of $1,040,732.23 shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. 16. Ownership of Manholes — Customer hereby transfers, conveys and assigns to Company all switchgear pads, transformer pads, and manholes constructed in connection with the Manhole and Duct Bank Facilities, with such manholes consisting of all necessary and appurtenant structures, including the necks, frames, covers, and ground rods. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. By COMPANY By CUSTOMER BY:�"BY: TITLE: Sr. NCM Manager TITLE: DATE: DATE: Exhibit A Discretionary Services to be Provided • Customer agrees to pay Company $1,040,732.23 for the relocation of Company overhead facilities to underground conduit duct banks, manholes, switchgear pads, and transformer pads provided by Customer (the "Manhole and Duct Bank Facilities"). • Manhole and Duct Bank Facilities will be installed by the Customer in accordance with the Company installation specifications that have been provided to the Customer preceding the start of construction • Customer will notify Company, and Company's construction inspector will inspect the Customer's installation of the Manhole and Duct Bank Facilities. • Customer will grant Company an easement for the Manhole and Duct Bank Facilities at no cost to Company whatsoever. • Customer will be responsible for clearing the easement of any obstructions necessary for the construction of the Manhole and Duct Bank Facilities. • Customer will be responsible for the replacement of existing overhead service entrance equipment with underground entrances for all existing homes and businesses that are to be relocated to underground service. • Customer will be responsible for roadway street lighting conversion and upgrades in the area being relocated from overhead facilities to underground facilities. • Customer will be responsible for coordinating with and making appropriate arrangements for the relocation of overhead telephone and CATV facilities that are currently attached to Company poles. • Location of the relocation of Company overhead facilities to Manhole and Duct Bank Facilities will be the City of Round Rock Southwest Downtown District Phase 1B in Round Rock, Texas. DATE: February 4, 2009 SUBJECT: City Council Meeting — February 12, 2009 ITEM: 10F3. Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement with Oncor to relocate overhead facilities to underground conduit duct banks for the Southwest Downtown Infrastructure Improvements Phase 1B Project. Department: Staff Person: Justification: Transportation Services Thomas Martin, P.E., Director of Transportation Services The Southwest Downtown project required the relocation of dry utility infrastructure. This Discretionary Agreement is for Oncor to replace the existing overhead electric facilities with equivalent electric facilities utilizing manholes, duct banks, switchgear pads and installation of transformer pads by the City of Round Rock in accordance with Oncor's specifications for the Southwest Downtown District project. Funding: Cost: $1,040,732.23 Source of funds: Capital Project Funds (GO Bonds 2001) Outside Resources: Oncor Electric Delivery Company Background Information: At the November 18, 2008 bid opening, bids were received by the City of Round Rock for construction on the Southwest Downtown project. BRH Garver was awarded this bid at the January 8, 2009 Council meeting. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Tariff for Retail Delivery Service 'ORIGINAL Oncor Electric Delivery Company LLC, a Delaware limited liability co 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 6.3.4 Discretionary Service Agreement Page 1 of 2 Revision: Original This Discretionary Service Agreement ("Agreement") is made and entered into this 14th day of January, 2009, by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and City Of Round Rock, Texas ("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 discretionary services in accordance with this Agreement as specified in the attached Exhibit A. 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 Agreement execution and continues in effect until completion of requested construction. 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 N/A [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: Bob Fajkus, Sr. NCM Manager ONCOR Electric Delivery 350 Texas Ave Round Rock, TX 78664 9_-19-ot-1z-10 3 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC, a Delaware limited liability company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: January 1, 2002 (b) If to Customer: Page 2 of 3 Revision: Original 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. 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 agrees that payment of $1,040,732.23 shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever is later. 16. Ownership of Manholes — Customer hereby transfers, conveys and assigns to Company all switchgear pads, transformer pads, and manholes constructed in connection with the Manhole and Duct Bank Facilities, with such manholes consisting of all necessary and appurtenant structures, including the necks, frames, covers, and ground rods. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. By COMPANY , By CU OER BY: ti��/ BY: V V TITLE: Mayo\-- DATE: 2 ' I Z 'O9 TITLE: Sr. NCM Manager DATE: _ / D �� Exhibit A Discretionary Services to be Provided • Customer agrees to pay Company $1,040,732.23 for the relocation of Company overhead facilities to underground conduit duct banks, manholes, switchgear pads, and transformer pads provided by Customer (the "Manhole and Duct Bank Facilities"). • Manhole and Duct Bank Facilities will be installed by the Customer in accordance with the Company installation specifications that have been provided to the Customer preceding the start of construction • Customer will notify Company, and Company's construction inspector will inspect the Customer's installation of the Manhole and Duct Bank Facilities. • Customer will grant Company an easement for the Manhole and Duct Bank Facilities at no cost to Company whatsoever. • Customer will be responsible for clearing the easement of any obstructions necessary for the construction of the Manhole and Duct Bank Facilities. • Customer will be responsible for the replacement of existing overhead service entrance equipment with underground entrances for all existing homes and businesses that are to be relocated to underground service. • Customer will be responsible for roadway street lighting conversion and upgrades in the area being relocated from overhead facilities to underground facilities. • Customer will be responsible for coordinating with and making appropriate arrangements for the relocation of overhead telephone and CATV facilities that are currently attached to Company poles. • Location of the relocation of Company overhead facilities to Manhole and Duct Bank Facilities will be the City of Round Rock Southwest Downtown District Phase 1B in Round Rock, Texas.