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ST9302-CN010612 T H E:' ~ C'l· T Y O F C-OP-P-ELL AGENDA REk LIEST FORM CITY COUNCIL MEETING: June 12, 2001 ITEM # ITEM CAPTION: Consider approval of an agreement with TXU Electric for the relocation of various transmission power poles on Sandy Lake Road in an amount not to exceed $37,248.00; and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering/Public Works STAFF COMMENTS: During the design of Sandy Lake Road, the roadway was shifted northward in an attempt to avoid the transmission power lines on the south side of Sandy Lake Road. Even though the roadway was shifted, there were ~tili eight transmission poles that needed to be relocated. In December 1998, TXU relocated one transrrfission pole near the intersection of Heartz Road and Sandy Lake Road to accommodate the construction of that intersection. Since that time, there have been several meetings and numerous phone calls with TXU concerning the relocation of the other power poles. It took some time for us to reach an agreement on what the cost of the relocation of the power poles should be. However, I was successful in reducing the total cost of the relocations from $54,600 to $37,248. While we negotiated the cost to relocate the poles, I authorized TXU to relocate four of the poles. This authorization was given to keep the project progressing. Three of those poles were situated near the MacArthur/Sandy Lake intersection. Those poles were relocated to accommodate a free right turn lane from Sandy Lake Road to MacArthur Blvd. The other pole was near the Samuel/Sandy Lake intersection and had to be relocated because of the 5-foot cut in the new paving surface. There are three other poles that still need to be relocated out of the radius of streets. They were near Heatherglen, Moore and Castlebury. From the beginning of the project in 1998, I was aware that various transmission poles would need to be relocated along the way to accommodate the construction of Sandy Lake Road. As such, capital improvement funds were set aside to accommodate those relocations. Staff recommends approval of the agreement with TXU for the relocation of various transmission power poles on Sandy Lake Road in an amount not to exceed $37,248.00. Staff will be available to answer any questions at the Council meeting. BUDGET AMT $ AMT. EST $ +X-BID $ FINANCIAL COMlVlENTS: DIR. INITIALS: ~(/ FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #engl SEI Co nsu lting Engineers 817-451-6687 Scarborough Engineering, Inc. 817-451-0476 Fax 3129 Handley Dr. Fort Y~orth, TX 76112 May 30, 2001 Mr. Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell Re: Sandy Lake Road / Coppell-Apollo Rd 69KV Transmission Line Mr. Griffin, Attached is a CONTRACT FOR ADIUSTMENTS TO TXU ELECTRIC'S TRANSMISSION FACILITIES TO ACCOMMODATE IMPROVEMENTS TO SANDY LAKE ROAD. This contract covers various pole modifications as follows: 1) Poles 3/13, 4/1, and 4/2 at the intersection of Sandy Lake Road and MacArthur Blvd. These poles were relocated in October 2000 to accommodate a right turn lane from Sandy Lake to McArthur and sewer line installation east of McArthur. 2) Pole 3/4 located east of Samuel Blvd. This pole was relocated and replaced with a taller pole to correct for the slope that was cut at the pole's location. The work was completed on March 21,2001. 3) Poles 2/5, 2/11, and 2/15 that are to be relocated for intersection improvements at Heather Glenn Dr., Moore Road, and Castleberry. Two (2) copies of the contract are enclosed. Please return one (1) executed copy to Mr. Bobby Thomas at: TXU Electric, 115 W. 7th Street, P.O. Box 970, Ft. Worth, 76101. As discussed in our meeting on May 18th, TXU will proceed with the relocation of poles in Item 3 above. Sincerely, Don Snow/Jon Scarborough, P.E. Enclosures: cc: Mr. Bobby Thomas (w/o enclosures) Mr. Bryan Williams (w/o enclosures) 5/30/01 Sandy Lake Road City of Coppell CoppelI-Apollo Rd 69KV Transmission Line Engineering & Drafting $6,367.00 Material (Pole 3/4) $542.00 Relocation of poles 3/13, 4/1, and 4~2. Complete. $10,623.00 Relocation and replacement of pole 3/4. Complete. $8,287.00 Relocation of poles 2/5, 2/11 and 2/15. To be completed. $9,397.00 Labor Sales Tax $2,032.00 Total $37,248.00 TXU ELECTRIC CITY OF COPPELL, TEXAS CONTRACT FOR ADJUSTMENTS TO TXU ELECTRIC'S TRANSMISSION FACILITIES TO ACCOMMODATE IMPROVEMENTS TO SANDY LAKE ROAD TXU Electric, hereinafter referred to as "Company", and the City of Coppell, Texas, hereinafter referred to as "City" agree as follows: City desires to reconstruct Sandy Lake Road from East of Denton Tap to West of MacArthur Boulevard. Work associated with this construction will be referred to hereinafter as the "Project". Company owns a transmission like, known as the Coppell-Apollo 69kV Transmission Line, which will be affected by the Project requiring relocation and adjustment to these facilities. 1. The transmission line affected by the Project is located within the Company's easement. 2. City shall not commence construction work on the Project until Company has granted City encroachment rights, pursuant to written agreement, permitting City to utilize Company's easements. 3. Company shall relocate and adjust its transmission line to accommodate the Project at City's expense, as hereinafter provided. Actual and detailed plans for relocation and adjustment of Company's transmission line are described in the drawing attached hereto as Exhibit "A". Those plans detail replacement and relocation of one (1) single wood pole structure with one (1) taller single wood pole structure and the relocation of six (6) single wood pole structures. 4. All locations and adjustments are based upon the elevations as supplied by Kimley-Hom and Associates, Inc., City's engineering contractor on February 13, 1998. In the event those elevations and/or the location of the road reconstruction are changed and the change(s) affect Company's facilities and/or line clearances, in addition to those shown on Exhibit "A", the City will be required to pay for any realtering of the transmission line facilities in addition to the work described in the preceding paragraph. 5. Following execution of this contract by both parties, Company will diligently pursue all work necessary to complete the transmission adjustment work described above. City agrees and acknowledges that Company shall not be held liable for failure to perform due to weather conditions or other circumstances which make it inadvisable to reconstruct the transmission line, regulatory delays, intervention, inability to procure materials or delays in obtaining or transportation of material, government restrictions, design changes at the request of City, strikes and labor disputes, or for any other circumstances beyond the reasonable control of Company. 6. City may terminate this contract by providing thirty (30) days written notice to Company. If City chooses, for any reason, to terminate this contract, City shall be responsible for reimbursement to Company for all actual costs incurred by Company up to the date of termination, including material costs, overheads, shipping costs, labor, restocking charges and penalties. City further agrees to pay for ail costs necessary to restore Company's facilities to their previously existing condition acceptable to Company, whichever is less costly. 7. City shall pay Company for its costs incurred in relocating and adjusting Company's facilities pursuant to the terms of this Contract. Company shall submit invoices to City and City shail remit payment to Company within thirty (30) days of receipt of invoices. Any invoices that remain unpaid after (30) days shall accrue interest at the rate of 1% per month on the outstanding baiance until paid, which accrued interest shall be paid to Company. Total cost shall not exceed $37,248 provided however, that in the event City requires any change of plans which result in Company incurring costs in excess of $37,248, City shail pay any additionai cost to Company. Related indirect (overhead) costs shail be 20% of total actual direct costs and this rate shail apply to all work performed by Company as a result of the Project. 8. City shall indemnity and hold harmless Company from and against any and ail claims, causes of action, suits, and demand, whether in contract or tort or otherwise, and whether seeking restitution for personal injury, including death, or property damage, or attorney's fees, brought or made against Company resulting from the City's performance of the terms and conditions of this Contract. 9. Company shall retain the right to cut, remove, and trim trees, bushes, and any other vegetation within or extending into Company's rights of way which, in the sole judgement of Company, interferes with the maintenance, repair, relocation, reconstruction, inspection, or removai of Company's facilities. Company also shall retain the fight to remove and prevent the construction or instailation of any improvements or impediments located within or extending into Company's rights of way. This contract embodies the complete agreement between Company and City and supersedes any oral or written understandings and agreements between the parties. This contract may only be amended in writing signed by both parties. Effective the //[ ~ day of ~ . 2001. City of 7s By:_ _ / By: _ _ City Attorney ~ Title: city l~anager City Secretar~ TXU Electric Name: Bobby Thomas Title: Project Engineering Manager SEI  Co nsu lting Engin eers 817-451-6687 Scarborough Engineering, Inc. 817-451-0476 Fax 3129 Handley Dr. Fort F/orth, TX 76112 April 24, 2001 Mr. Kenneth M. Griffin, P.E. Director of Engineering/Public Works City of Coppell Re: Sandy Lake Road / Coppell-Apollo Rd 69KV Transmission Line Mr. Griffin, Attached is a CONTRACT FOR ADJUSTMENTS TO TXU ELECTRIC'S TRANSMISSION FACILITIES TO ACCOMMODATE IMPROVEMENTS TO SANDY LAKE ROAD. This contract covers various pole modifications as follows: 1) Poles 3/13, 4/1, and 4/2 at the intersection of Sandy Lake Road and MacArthur Blvd. These poles were relocated in October 2000 to accommodate a right turn lane from Sandy Lake to McArthur and sewer line installation east of McArthur. 2) Pole 3/4 located east of Samuel Blvd. This pole was relocated and replaced with a taller pole to correct for the slope that was cut at the pole's location. The work was completed on March 21,2001. 3) Poles 2/5, 2/11, and 2/15 that are to be relocated for intersection improvements at Heather Glenn Dr., Moore Road, and Castleberry. 4) Straighten various poles along Sandy Lake Road where soil has been graded away from the pole base. Please execute the attached contract in order that TXU can proceed with pole modifications in Items 3 and 4. Sincerely fh Don Snow / Jon Scarborough, P.E. __.~Apr-'25~01 12:04P P.01 DATE:: Iq'UMBER 0Y PAGES SCARBOROUGH ¥_.~-.o/ ,,. ENGINEERING INC. '~'"' ~ FAX FROM: FACSIMILE TRANSMISSION COVER SHEET FAX 1 - 0 4 7 6 TE~PHONg .... N~E: ~AME: TE~PHONE NUMBER: co~,~,~ ~ ~pp~/!, (alT) ,{51-6687 SUBJE~: dESSAGE: ~~ .... ,, ,.. , I I II I II Illl III I __ Apr-25-01 12:04P ~ ~ P.02 4/I 8/01 Sandy Lake Road City of Coppetl Coppeit-Apollo Rd 69KV Transmission Line Engineering (To Date) $22,850.30 (~P--~ Trinity Relocation of poles 3113, 4/1, and 412 $10,623.00---' ~j Trinity relocation and ~ replacement of pole 3/4 $8,075.00 Asplundh Bid to relocate poles 2/5, 2/11, 2/15 $9,397.70 5 poles (Exact no, to be determined) $3,654.70. Total $54,600.70