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ST0003-CS080624 Page 1 of 1 Ken Griffin - Verizon Utility Relocates From:Ken Griffin     To:David Dodd     Date:6/24/2008 9:02 AM     Subject:Verizon Utility Relocates       David   We have and have had a long ongoing issue with Verizon relocating their utilities when we start projects.    The Bethel Road project has been under construction since March 1, 2007 and Verizon still has not relocated their utilities.  They will tell us they're clear and we will hit them when we start work.  Right now we can't proceed with all the work on the south half of the road because they have lines in the way.  Last week we had them mark their lines at the Freeport/Bethel intersection so we could find a place to drill the piers for the traffic light.  Once all the utilities were marked, we picked a spot 4 feet away from Verizon, and of course, once we started drilling we hit their lines.   On the Coppell Road section, we have hit them twice.  This is after we sent plans for years to Verizon and gave them a timeline when we would start.  Sometimes utility companies wait till the last minute to make sure the city is really moving ahead with the project.  Coppell Road is unique in that we opened bids and then didn't let the contractor start until school was out.  The timeline was: we opened bids on 3/6/08; we had a utility meeting telling all companies the bids were opened and work would start on 6/9/08; and we awarded the bid on 4/8/08.  All of this took place after we had a January meeting with utility companies to check their relocation status.  At that time, Verizon told us they would be complete in 3 months.  At the March meeting, Verizon said they hadn't started yet, but they would be complete in 3 months.  They actually received their permit last week.  During the Coppell Road project, they have come to the job site several times to mark their utility locations.  Once they said "we don't have any lines across the street", of course they did and we hit it.  Once they marked their line 20 feet away from where it was and of course we hit it.   This has become a real problem with construction.  Our contractors are now approaching the city wanting delay damages.  And to top it all off, Verizon went to Coppell Road last week and called the Police on us trying to shut down all construction in Coppell until Verizon has time to budget and relocate utilities because they said we were intentionally hitting their lines.   Verizon falls under our "Right of Way Use" Ordinance #2001-944 as codified in the Code of Ordinances as Article 6-14.  Section 6-14-10 titled "Conformance with Public Improvements" gives specific time lines on relocation.  Paragraph C states "Facilities of a service provider that are not conformed within the 90 day notice period ... will be deemed abandoned, and the city will not be liable for any damage to or destruction of the facilities...." Why is this important?  Not only do they not relocate when they should, every time our contractor hits an unmarked or mis-marked utility, Verizon sends them a repair bill.   I would like to discuss our options with you tomorrow when you come to the city.   Thanks Ken Griffin file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4860B809City_...12/31/2009