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ST9502-CS 960423o. Date: From: To: Subject: Fiber Ontic Cable Cut On Wednesday, April 3, 1996, the fiber optic and copper telephone cables running from Town Center to the Library via t~ underground conduit, were cut as a result of a storm drainage ditch being dug for the Town Center Blvd Construction.-~, April 23, 1996 DIre Steven G. Goram, Information & Customer Service ' Jim Witt, City Manager Three companies have assessed the damage. severely stretched. Each company will give us a turnkey operation for; fixing the conduit, replacing and testing cable, a lifetime service warranty (if needed). All three recommend that the cable be completely replaced since it was FOT DataCom ................ $14,741.77 (new cable) Craig Communication ............ $11,298.87 (splices copper) ACS Dataline ................. $11,662.50 (new cable & lifetime service warranty) According to the Construction Specifications for the Town Center Drive, Section 6. 2, Examination of Contract Documents and Site, reads: "Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner by Owners of such underground Facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereoff All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of thisproject." Additionally, according to the Supplementary Conditions, Section 1.16, Existing Utilities, Structures and Other Property, the following applies: "Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. After commencing the work, use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company." April 23, 1996 Page 2 There is also a reference to underground utilities on the Detail Sheet, 5-14. (see attached) An examination of the cable cut location showed that the Contractor did indeed locate the underground conduit by digging "pot holes". The conduit seemed to be in a straight line from end to end, however, between two of the "pot holes ", the conduit made a sharp bend that put the line directly in the centerline of the ditch being dug. In conclusion, I believe that both the Contractor and the City are responsible for the cable cut. The City did not act professionally, as they displayed a significant bend in the conduit causing it to be off center. The Contractor made a reasonable effort to locate the cable, however, they did cut the line, and therefore are not in compliance with the construction specifications. The Contractor should pay for the repair or cause the same. To avoid ill will or jeopardize our working relationship with the Contractor, we might consider splitting the cost. I recommend that ACS DataLine repair the cut cables. Although two of the bids were competitive, ACS guarantees their work for lifetime. c: Ken Griffin sgol .wlxi X LOT 23 BLOCK C CHAUCER ESTATES V. 92248 PC. 2980 EXISTING BRICK COLUMN EXISTING MEATAL FENCE (PAINED) FUT~ ~..~-~. EXIST GROUND FOUND/~ VII