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R-07-05-10-8E1 - 5/10/2007 RESOLUTION NO. R-07-05-10-8E1 WHEREAS, the City of Round Rock ("City,,) is planning a project for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement ("Project") , and WHEREAS, TXU Electric Delivery Company ("TXU") is the only provider of electric service to that portion of the City and the only company allowed to provide, install or relocate the equipment necessary for provision of such electric service, and WHEREAS, in conjunction with the Project, the City wishes to enter into a Discretionary Service Agreement with TXU for the relocation of electrical distribution facilities along IH 35 west of Hesters Crossing Bridge, and WHEREAS, the Local Government Code, Section 252 . 022 (a) (7) exempts expenditures for sole source providers from the competitive bidding requirements set forth in Local Government Code, Section 252 . 021, 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 for the relocation of electrical distribution facilities along IH 35 west of Hesters Crossing Bridge, 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 0:\wdox\RESOLUTI\R70510E1.WPD/rmc upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of May, 2007 . ELL, ity of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secre ry 2 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 1 day of May,2007,by TXU Electric Delivery (`TXU Electric Delivery Company" or "Company"),a Texas corporation and distribution utility,and City of Round Rock ("Customer"), 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 for, the following discretionary services in accordance with this Agreement. DD9-FACILITIES RELOCATIONIREMOVAL CHARGE Relocation of facilities along west service road of IH 35 from Hester's Crossina south to Sundance Parkway City of Round Rock aarees to Dav TXU Electric Delivery One hundred thirty three thousand one hundred six dollars.$133.106.00 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 May 1,2007and continues in effect until July 31,2007 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,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 Michael Seiler 3620 Franklin Ave, Waco,Texas 76710 EXHIBIT "All 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 Round Rock Bill Stablein 212 Commerce Blvd Round Rock,Texas 78664 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 Round Rock Bill Stablein 212 Commerce Blvd Round Rock,Texas 78664 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 of Round Rock agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received,whichever is later. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXU ELECTRIC DELIVERY COMPANY CITY OF ROUND ROCK BY: BY: Michael Seiler TITLE:Project Manager TITLE: DATE: DATE: Hesters Crossing @ IH 35 TXU Electric Scope of Work and Cost Estimate Scope of Work and Cost Estimate Nesters Crossing Ca IH 35 - South Bound Frontage Road The work will be done by a TXU Contractor yet to be named. The following is the scope and cost breakdown for the west side of IH 35. The cost estimate is noted in the contract submitted to the City of Round Rock. Below are the details of what will be billed to the City at the completion of work. Relocation of Overhead and underground electric facilities from just north of Hester's Crossing, south along the west Right Of Way line of IH 35 to just south of Sundance. This project will remove 13 poles and install 15 poles. Labor and Material to install and remove poles and crossarms $ 61,931.30 Labor and Material to install and remove Overhead Conductor $ 37,760.63 Labor and material for underground trench, conduit and risers $ 1,430.84 Labor and Material to install and remove underground conductor $ 23,311.89 Labor and Material for Service adjustments $ 1,942.48 Labor and Material for Transformer adjustments $ 6,729.33 $ 133,106.47 Scope of Work Hester's Crossing an IH 35 - East Side of IH 35 (S Mays Street) Relocation of overhead electric facilities from Tower Rd to just south of Hester's Crossing along S Mays Street. This project will remove contacts from 10 SBC Poles and install 3 poles along the west Right Of Way of S Mays Street. Printed:4/20/2007 1 Of 1 Scope.CostEst.TXU.xIs i All Conductor in ROW is 50 KV or Less & Meets or Exceeds Minimum Requirement of 22' Above All Pavement z Z OW Z oa A. X o U Adm o od W �o c z N-- z K O O O � z V] 0_' N • i /- ' z z w O �OZW I ZE�\•� -1 O O 6� v ' S� \ � z 30.00 za o " � - ¢�z0 •. \\ 'C , 'Y 11 '� ' W•1`► \ \\ O- •,\ , 111 LU P 55' Pole Y•• ° 1 IJ 1.5 on row eON ` o Ih 1r z� pSPH ® R 55' Pole � Pole ' �\ \ \\ \2 `off P 50 °E Po I e ,� o �' Sheet 1 of 3 Hester Crossing U � J HE° �j ' \ \ isroewNK m 1.5' on ROW \ \ \• i� O MST.ISP.U.E. m x /O CIp 0 T.,SL.I)9 u '\ \ ^V P.R.w.C. a � z 0 4°D ' J EMT.20'P.U.E. • \ VOL.833.PO.e47 \, d Y \ J z E E N D ✓/j\ a WR 28335E �- PROP0560 POLE/6UY ROUND ROCK ,DISTRICT "'"""--- PROPOW GONOUVOK - � EX 15T I NG FAG i W 165 -f 0 KWA I N IN P1,AG6 —� CX 15f I% FAG I I.I 1 165 f 0 66 KOOV60 RRk• WilliQrnson•Co Relocate – – – PKOP0560 KOW Focilities•Hesters Crossing - - - 6XI51fNG KOW TXU Electric Delivery APPROVE SA aoCORR. SCALE: 1 " = 50' DATE: 03/30/07 FIELD MSeueF H2826272. W • • All Conductor in R W is 50 KV or Less & Meets o Exceeds Minimum Requi ement of 22' Above All Pa ement 50' Pole .r "PVT 0, Pole Z P 50" Po I w 3 – on P R 50' Pole ' `L•—,` / o Q • �_—. it j."3T 58,.E c — 1 /"/ -' �' d 50 Pole • on PVT ---:------""" R 50' Pole / z x / L) • 1• o Z ^ ,• P 50' Pole Sheet 2 of 3 Hester Crossing /•/p�•v, /" / /"Z on PVT E%5T,1S'P.U.E. O CM.G.SL 178 Sly i /• • 1�.�, V P.R.W.C.T. • ,,,, . R 5EWST.2Fojz6ja "L.sm.PG.W •' P 50' Pole on PVT LEGEND ' �•' ' """"°" > WR 2833569 ' 1. PKOP056� POLE/6UY ROUND ROCK DISTRICT -- PKOP0560 GONOUVOK R 45' Pole EX 15t I N6 FAG I I.I f I E6 TO KW I N IN PI,AG6 o� p ! I R 4s' fro l e s 6X 151 I NG FAG I I.I T 166 10 66 K6MOV 60 RRk Williamson Co Relocate _ 1� I g PK012060 KOW Facilities Hesters Crossing 50' Polem - I -----_-- 6XI51TNG KOW P 50' Pole on PVT m on PVT �l R 45' Pole til TXU Electric DeliverySA •PPRovco a�---1 CK -' SCALE; = 50' CORK. onrE: 03/30/07 FZLo Mseuer H2826272.e, I All Conductor in ROW is 50 KV s or Less & Meets or Exceeds sWT Minimum Requirement of ro°- Z> Z J 22' Above All Pavement 0 zw� go �o w N U O Z> OU) Z OJ w� ti Z- 0 O /./Zw � RP1L J i GANG•GVP�G •, w°N,D Ga No Nc. Z> c /- zw / 00 I. 09CP / ZN MT Replace 50' Pole to • oo w �' 0 0 / 55Pole or Pvt a Z- MT. wAA �f�i'r • • Mme• ' ' / ,�' ,•� S 7)> �� a o� � •r •P 0' Pole`., d 2 "w \ R 0' Pole ' Guy• ' `R 50' Pole / / f-> � HEDGE P ar w • \ � � i P 60' Pole YY on PVT Move underground ; 5 2 P 60' Pole cable to new Pole ' on PVT R 50' Pole •• uy P 60 Pole 9 p /"/" �• on PVT ,A3 • • • ; • EMT.7-P.U.E. Sheet 3 of 3 Hester Crossing / P 60'•Pole R 50' Pole c•e.c,sLT. P.R.W.C.T. on VP �� • `, EX5T.20'P.U.E. Move underground a.e33.M.ea) cable to new Pole I A 6 E N P WR 283356! �- PKOPOW POLE/GUY ROUND ROCK DISTRICT '"-------- PKOPOW GONOUGTOK —1 EX 15T I N& FAG I I-I t 165 TO UMA I N IN PI AGE --s 6X 15f I N6 FAG I W 165 TO 06 KUMOV 60 RRk Williamson Co Relocate 12KOP0560 KOW 6X151fN& KOW Facilities Hesters Crossing TXU Electric Delivery DR. —ROVED SA OM. 0 CM. SCALE: I" = 50' DATE: 03/30/07 MSB H2826272< DATE: May 2, 2007 SUBJECT: City Council Meeting - May 10, 2007 ITEM: 8.E.1. Consider a resolution authorizing the Mayor to execute a Discretionary Service Agreement with TXU Electric Delivery for the relocation of electrical distribution facilities for the IH 35 Frontage Road Collector/Distributor and Hesters Crossing Bridge Replacement Project. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director of Transportation Services Justification: Relocation of electrical distribution facilities are required to proceed with IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement project. Funding: Cost: $ 133,106.00 Source of funds: 4B-Round Rock Transportation System Development Corporation Outside Resources: TXU Electric Delivery Background Information• The IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement project will improve access to businesses, reduce the congestion created by the closure of two IH 35 exit ramps and two IH 35 entrance ramps, which was required by the construction of SH 45, and improve traffic flow through the Hester's Crossing intersections with the frontage roads and BI 35/S. Mays Street. Funding for these improvements is included in the Transportation Capital Improvement Program, which is funded by the 1/2 cent sales tax established for the purpose of transportation system improvements that support economic development. Public Comment: N/A Tariff for Retail Delivery Service TXU Electric Delivery CompanyC(OPY 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 1 day of May,2007,by TXU Electric Delivery ("TXU Electric Delivery Company' or "Company"), a Texas corporation and distribution utility,and City of Round Rock ("Customer"), 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 for, the following discretionary services in accordance with this Agreement. DD9 FACILITIES RELOCATION/REMOVAL CHARGE Relocation of facilities along west service road of IH 35 from Hester's Crossina south to Sundance Parkway City of Round Rock agrees to pay TXU Electric Delivery One hundred thirty three thousand one hundred six dollars.$133.106.00 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 May 1,2007and continues in effect until July 31,2007 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,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 Michael Seiler 3620 Franklin Ave, Waco,Texas 76710 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 Round Rock Bill Stablein 212 Commerce Blvd Round Rock,Texas 78664 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 Round Rock Bill Stablein 212 Commerce Blvd Round Rock,Texas 78664 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 of Round Rock agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received,whichever is later. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXU ELECTRIC DELIVERY COMPANY CITY OF BY: BY: Michael Seiler TITLE:Project Manager TITLE: DATE: DATE: �10- 07 • Hesters Crossing @ IH 35 TXU Electric Scope of Work and Cost Estimate Scope of Work and Cost Estimate Nesters Crossing Ca IH 35 - South Bound Frontage Road The work will be done by a TXU Contractor yet to be named. The following is the scope and cost breakdown for the west side of IH 35. The cost estimate is noted in the contract submitted to the City of Round Rock. Below are the details of what will be billed to the City at the completion of work. Relocation of Overhead and underground electric facilities from just north of Hester's Crossing, south along the west Right Of Way line of IH 35 to just south of Sundance. This project will remove 13 poles and install 15 poles. Labor and Material to install and remove poles and crossarms $ 61,931.30 Labor and Material to install and remove Overhead Conductor $ 37,760.63 LabQr and material for underground trench, conduit and risers $ 1,430.84 Labor and Material to install and remove underground conductor $ 23,311,89 Labor and Material for Service adjustments $ 1,942.48 Labor and Material for Transformer adjustments $ 6,729.33 $ 133,106.47 Scope of Work Hestees Crossing 0 IH 35 - East Side of IH 35 (_S Mays Street) Relocation of overhead electric facilities from Tower Rd to just south of Hester's Crossing along S Mays Street. This project will remove contacts from 10 SBC Poles and install 3 poles along the west Right Of Way of S Mays Street. Printed:4/20/2007 1 Of 1 Scope.CostEst.TXU.xIs All Conductor in ROW is 50 KV or Less & Meets or Exceeds Minimum Requirement of 22` Above All Pavement J Z OW Z , OQ Cr � O v + + Qm O = + OQ• i . ap • / C � � Z p • O + ■ + Z Z W • + LC I- W _ ry-O O + O O W + 0 3i i ZIt ` + d o W q � ; > ` p mk 10 z S\O IY�O LJ • P 55' Pole W W r � 1 . 5 on row � \ Y- 0 ` \ , ,. o + --y ocr- - —�Zz �E o PIS? ® R 55 ' Po I e r+\ ,\V �.\o , Sheet 1 of 3 Hester Crossing U X P 50' Pole \ W + SIDEW1�lK } m 1 . 5 ' on ROW ' r + + \\ �`> + P.R.W.C.T. (7 z J EXIST.20'P.U.E. + \ Q VOL.833,PG.647 \, W AJ Q WR 283356 o C�IV� �_-� PROPOSED POI. WY Q ROUND ROCK ,DI,5TRICT PKOPOW GONOUV OK + EXISTING FAGIW IES 1'0 REMAIN IN P�AG� W ST I % FAG I i. 11' I ES TO 06 MOM RRk+ Williamson- Co Relocate — - - — - - — - - PPOPOW KOW Facilities•Hesters Crossing - - - — - - - - - MSIT% KOW w TXU Electric Delivery DR. + APPR VE + + SA r CH. Q CORR. SCALE: = 50' DATE: 03/30/07 FIELD Mseiie� H2826272. N r ' • W • Y All Conductor in R W is 50 KV ' or Less & Meets o Exceeds Minimum Requi ement of ' 22' Above All Pa ement Y d • Y ' . • - Y / - Y Y • / Jay GONG'G j ' " / •� Q d0 50' Pole Y9n---PVT Pole Y , G /� 7 , • - P 50" Po l W �" - ! - . " on P L �' • > a _ & R 50' Pole aILL, co _ 3 J Q Ln y_ _ — • / r� - - Y Pole! + / d, - 'x ' --- s------ • on PVT a -' -- R 50, Pole p - --- - Y Y . + 6 z d W} Z - , Sheet 2 of 3 Hester Crossing } d �� / P 50' Pole m ' '� / on PVT EXIST.1S P.U.E. p CAB.G,SL.178 ')Q♦ oil / P.R.W.C.T. + R ' P 50' Pole � - / � � 3 �� a on PVT rG N D WR 2833569 Z � ' f , Y > PK0005EP CDWGUY ROUND ROCK DISTRICT ~W - - - - - - - - - - CKOPOW GONPUGT0f R 45 ' Pole EX 15T I % SAG 11. I T I E5 TO FEMA I N IN CI,AGE , Y R 45 l$o I e EX 15� I NG > AG I � I T I E5 T O lbE MOM EP RRk Williamson Co Relocate ow R0120,50 KOW • / , mm al — -- — - -— - - Facilities Hesters Crossing • 50 Pole �M+ m � - - - - - - - - �X 15 I TNG KOW 50 Pole on PVT c, on PVT I R 45 ' Pole TXU Electric Delivery DR. APPROVED ^ "-"•-"---1—� SCALE: " = 50' DATE: 03/30/07 FIELD Msel�er H2826272.6 0 All Conductor in ROW is 50 KV or Less & Meets or Exceedso W00 Z> Minimum Requirement of z �o J 22' Above All Pavement 0 te N ZW� 0 / "a 0 W z / ' Z> 04 < / C7 Z> 0 U-) / W ■ F- z Off. a ' / z ONC, G R PtL LL.(14� w Lli LJ LLI Y F- / r /' i// • ol , ■ O O N ■ + 000 • LN •• ■ d SNO O ■ 61j-� - / O ` • Z ° w - , •S 2/ Replace 50' Pole to • 0 L W R o " -� Yj 55Pole ori Pvt ■ 00 ' 00 5> 4 � - oW T�y� ��I • P 60' Po l e`� o `� J \ L �� �t on 2 V T s R 0' Pole v a Y • �, Guy + ` R 50' Pole EOG a>.W `\ � ■ N :2EW t ■ WQ i " (ny t P 60' Pole YY ■ t 0 S 2 - - ■ ion PVT Move underground ■ P 60' Pole cable to new Pole t ■ ■ on PVT V R 50' Pole • + ■■ �! P 60 Pole • on PVT ■ ,'k %``'� ■ ■ : EXIST.>s'P.U.E. Sheet 3 of 3 Hester Crossing CAB.G.SL.,76 P 60' Pole ; R 50' Pole P.R.W.C.T. on VP EXIST.20'P.U.E. • ` Move underground VOL.633,PG.647 cable to new Pole Z WR 283356! a Ld -♦ CPOCOW COWbuy ROUND ROCK DISTRICT - ' " " ' MCOW GONOMOP EX 15T I N& FAG I f. I T I E6 TO MAIN IN CAGE EX 15T I Nle FAG M T I E6 TO U M000 RRk Williamson Co Relocate CWOW ROW Facilities Hesters Crossing W61 % ROW LJ TXU Electric Delivery DR. APPROVED SA a CH. 0 SCALE: 1 " = 50' DATE: 03/30/07 FOLD Mse//er H2826272.< EXECUTED UMENT FOLLaWs TRANSMiTTAL TO: David Bartels DATE: May 23,2007 Public Works Operations JOB NO.: TTA-U-84 City of Round Rock, TX RE: TXU Agreement-Hesters Crossing WE ARE SENDING YOU ❑Attached ❑under separate cover via the following items: ❑Shop Drawings ❑ Prints ❑Plans ❑Samples ❑Copy of Letter ❑Change order ❑Specifications ❑ Executed Agreement COPIES DATE NO. DESCRIPTION 1 05/23/07 1 Original co of the TXU Agreement ❑For Approval ❑Reviewed as submitted ❑Resubmit copies for approval For your use ❑Reviewed as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comments ❑ ❑For bids due ❑Prints returned after loan to us REMARKS: David Enclosed you will find the TXU executed a reement with a cover letter to Tom in re to his letter to me. Please let me know if you need anything else on this. Tks, Mike SIGNED /,�_ ,r1y DISTRIBUTION File If enclosures are not as noted,kindly notify us at once. 1421 WELLS BRANCH PARKWAY,BUILDING 2,SUITE 210,PFLUGERVILLE,TEXAS 78660(512)225-1300 FAX(512)225-1551 PBR May 23, 2007 Mr.Tom Martin, P.E. Director of TranspwWl on Services City of Round Rods 242 Commerce Cove Round Rook,TX 78084 RE: Highway. Nester's Crossing IH 35 Subject: Executed Agreement Utility: TXU/Oncor Electric Delivery CCSJ: 0015-09-150 Dear Mr. Martin: Attached please find one of the three originals of the TXU Electric Delivery Agreement for the Hesters Crossing project. The agreement covers the work to be completed on the west side of lit 35Wong the south bound frontage road. I delivered the utility copy(original)to Mike Suer of TXU/ Oncor and have retained the third copy. Please contact me if you need additional information. Sincerely, Mike Williams PBS&) Attachments Cc: Fite Tariff for Retail Delivery Service s 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 1 day of May,2007,by TXU Electric Delivery ("TXU Electric Delivery Company" or"Company"),a Texas corporation and distribution utility,and City of Round Rock ("Customer"), 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 for, the following discretionary services in accordance with this Agreement. DD9-FACILITIES RELOCATIOWREMOVAL CHARGE Relocation of facilities akxna west service road of IH 35 from Hester's Crossing south to Sundance Parkway City of Round Rock agrees to pay TXU Electric Delivery One hundred thirty three thousand one hundred six dollars $13310600 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 May 1,2007and continues in effect until July 31,2007 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,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 Michael Seiler 3620 Franklin Ave, Waco,Texas 76710 ` t Tariff for Retail Delivery Service TXU Electric Delivery Company 6.3 Agreements and Forms ApprwaWe: Entire Certified Service Area Page 11 of 23 Effective Date:January 1,2002 Revision:Original (b) If to Customer. City Of Round Rock Bin Stabiein 212 Commerce Blvd Round Rock,Texas 78664 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 C ntomer Is capable of receiving electronic invoicing from Company,in which case Company Is entitled to transmit electronic invoices to Customer. City Of Round Rock Bill Stablein 212 Commerce Blvd Round Rock,Texas 78664 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 WIN 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 of Round Rock agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received,whichever is later. IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. TXU ELECTRIC DELIVERY OMP NY ,n CITY OF BY:, �"V BY: Michael Seiler TITLE:Project Manager TITLE. DATE: Z Z —Q DATE: L-5-10- 07 7 R-o7-o�-io- 8E� Hesters Crossing @ IH 35 TXU Electric Scope of Work and Cost Estimate Scope of Work and Cost Estimate Hesters CWgingIH 35 - South Bound Frontage Road The work will be done by a TXU Contractor yet to be named. The following is the scope and cost breakdown for the west side of IH 35. The cost estimate is noted in the contract submitted to the City of Round Rock.Below are the details of what will be billed to the City at the completion of work. Relocation of Overhead and underground electric facilities from just north of Hester's Crossing, south along the west Right Of Way line of IH 35 to just south of Sundance. This project will remove 13 poles and install 15 poles. Labor and Material to install and remove poles and crossarms $ 61,93140 labor and M--!nal to install and remove Overhead Conductor $ 37 760.63 r and material for underground trench, conduit and risers $ 1,430;84 r rial to install and remove underground conductor $ 23,311,I89 UW and Material for Service adjustments $ 1,942.48 Labor and Material for Transformer adjustments $ 6,729.33 $ 133,106.47 Scope of Work UMW—e$ Crossing Q 1H 35 East Side of IH 35 (S May* Street) �.. �w.r 1 MI , Relocation of overhead electric facilities from Tower Rd to just south of Hester's Crossing along S Mays Street. This project will remove contacts from 10 SBC Poles and install 3 poles along the west Right Of Way of S Mays Street. PrinW:4,2Q/ = 1 of 1 Sc:op*.CostEst.TXV.)ft Now All Conductor in ROW is 50` ,KV or Less & Meets or Exceeds Minimum Requirement of 22' Above All Pavements. E: R J {, z I. OQ z N z It V • + Qm O \ O • • + . 0Q, cD C • • • wo< G Z: V)— • • O O • + , • o + IX O oLo (9 z O z 3p Op s- • o W}, i %�� " a n + z x 2Q 0 , 0 • w t 1 0 ' . f ckf LLJ • " " J- O ■ ". 0 � P 55' Po l e W c + �J 1 . 5 ' on ro* �, �` o� o \ � 0 z� SPN ® R 55 ' Pole \ �• \_ Sheet 1 of 3 Hester Crossing cwr N�p%E P 50' Pole `� SIDEW K m 1 . 5' on ROW \ , m `� \\ +1` ` o ST.is'P.U.E. L C/� G.SL.178 st + • • \ \\ j OS P.R.W. C.T. z - EXIST.20'P_U.E. VOL.833,PG.647 _ WR 283.356 ����D < ROUND ROCK DISTRICT W -♦ PROP05E0 POSE/GUY • - - - - - - - - - - PROPOW GONDUV OR E 6flNG WIWIr6 TO REMAIN IN PAGE EX 15T I N& FAG 14. I T I E6 TO 4 MOM RRk+ WiqiQmson• Co Relocote — - - — --- - - PROP060 ROW Facilities•Hesters Crdssing --- - - - - - - M61f% ROW • Y • TXU Electric Delivery SA C". w SCALE= 1 " = 50' DATE: 03/30/07 F MSe))er H2826272.c N _.. N All Conductor in R W is 50 KV ' or Less & Meets o Exceeds • Minimum Requi ement of 22' Above All Pa ement S``'`7\y • r ` / , Y r r ✓ 4 C• u�R R P\L + J) CON ■ / ".■� �„�' P 50' Pole ■ / � ' ' / .�� ";-- NT±M--I ----otf--P■VT 00*1 r o / / ' /- - P 50'° Pol / - r on P l • a > _ _ + / " R 50 Pole E / d t o - ze58" • J . - FAQ i / /� -' -' -• aOAR op ll r a, ,' / 50' Pole • u on PVT ' Poler Z ■ / U � • ■ r Sheet 2 of 3 Hester Crossing V) EXIST.15'P.U.E. o on PVT CPB.G.SL. 8 O nP.R.W.C.T_ ✓4 / . ■ R 5FQ�T.20'A)1lEe / • -; ■■■• VOL.833.PG.647 P 50' Pole ' " ! r on PVT rr !!_ {{ WR 2833569 � � LCiI?f�IVV /' Q .rte •,/- d , v[ J f_•� E t ROUND ROCK DISTRICT W _ COM 0 POLE/GUY \ - - ~w - - - -- - - - - - C OM O GONOUVOK t EXI ING fAGI I. I TI E6 TO REMAIN IN PI AGE R 45' Oo l e EX 1W NG fAG I I• I 1 I E5 T O U MOV ED RRk Williamson Co Relocate woPROP05E � mm a � _ .._ .. _._ 0 ROW ! Facilities Resters Crossing 50' Polev onn PVT Pole I m , � - W 61 fNG KOW tion PVT R 45 ' Pole sl �'" TXU Electric Delivery DR- APPROVED --'-----' --"" = 50' CoRR. SCALE: SATE: 03/30/07 FIE AlseHer H282627E. All Conductor in ROW is 50 KV lb 1z or Less & Meets or Exceeds �' aN Z; Minimum Requirement of �° ``°' ZWo 22' Above All Pavement SQ �.WOD C-,,4 > OU) / ♦ d 1 Z 0 J lid.. ♦ \ / Z W ♦\ LL- LLJ Go ��6, /- w rw wo z G�NCd G > ao I / / CaP1G -' • 0 Zw\co • z / ' + . ' 4 O N / \ • O 000 + Zco M . \ Z 6 ,/ / o Replace 50f Pole to /' . i . O ' ✓ > S • z w 55' Pole oA Pvt + + O - 0 o W u +�q R t •� • >> �• - P 60' Po l e`, o o� i " �- on VVT A. R 0' Pole P 0uy . + R 50' Pole - � UJ w w ' Q I . P 60' Pole YY \ O,. _ - + 'on PVT Move underground S Z A � P 60' Pole cable to new Pole ' on PVT + .+ R 50' Pole + �- P 60 Pole ' EXIST.15'P.U.E. on PVT X�.G.SL.,78 Sheet 3 of 3 Hester Crossing d • • R 5 0' Pole P.R.W.C.T. P 60' Pole ; on V- EXIST.20'P.U.E. d Move underground VOL.833.PG.847 `♦ cable to new Pole WR 2833569 ROUND ROCK DISTRICT w —♦ 1201?06 0 POWbuy -- - -- - - - - - PROCOW GONOUGTOR EXISTING FAGI WIE6 TO REMAIN IN l?.AGE MWN&NG FAG I I. I T I E6 TO 6E REMOVED RRk Williamson Co Relocate PROP05E0 ROW Facilities Hesters Crossing - -- __ __-- EX151TNG ROW TXU Electric Delivery DR. APPROVED SA Uj CORR. SCALE: 1 " = 50' DATE: 03/30/07 FEL Msener H2826272.dg.