ST9302-CN 981208~utas~~
~~~~~ AGENDA REQUEST FORM ~ ~~3~ ° ~
CITY COUNCIL MEETING: December 8 1998 ITEM #
ITEM CAPTION:
Consider approval of an agreement with TU Electric for the relocation of a transmission power pole in an amount not to
e~:eeed $15,000.00; and authorizing the Mayor to sign.
SUBMITTED BY: ICen Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF RECOMMENDS: APPROVAL
STAFF COMMENTS:
See attached memo.
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FINANCIAL COMMENTS:
DIR. INITIALS: 1~i FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form -Revised 3/98 Document Name: #engt
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MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
RE:
Date:
Mayor and City Council
Ken Griffin, P.E., Director of Engineering and Public Works W
Consider approval of an agreement with TU Electric for the relocation of a transmission
power pole in an amount not to exceed $15,000.00; and authorizing the Mayor to sign.
December 8, 1998
During the design of Sandy Lake Road, the roadway was shifted northwazd in an attempt to avoid the
transmission power lines on the south side of Sandy Lake Road. Even though the roadway was shifted
and for the most part the existing transmission corridor is being maintained on the south side of Sandy
Lake Road there are still several transmission poles that need to be relocated.
Approximately 350 feet east of Heartz Road there is a bend in the transmission line that bend
necessitates having a stub pole on the north side of Sandy Lake Road with a span wire across Sandy
Lake Road. This agreement will replace the wooden pole on the south side with a concrete pole and
eliminate the need for the span wire across Sandy Lake Road and the stub pole on the north side.
Sometime after the first of the year, there will be an additional agenda item brought forth to relocate
several other transmission power poles that fall in radius for streets along the south side.
To eliminate some of the visual clutter across Sandy Lake Road, staff recommends approval of this
agreement with TU Electric in the amount not to exceed $15,000.00.
Staff will be available to answer any questions at the council meeting.
"CITY OF COPPELL ENGINEERING -EXCELLENCE BY DESIGN"
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DEC 11 ,' 98 12~ 06 FR~I CHOLS JCKSON DLL D0 214 %5 0010 J"~ 9723043570
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NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 I.n~coLN Ptwz.A
500 N. AtcwRD
DA1,LA3, TE7CAS 75201
(214) 965 9900
{214) 965.0010 FAX
FACSIIVIII.E COVER SHEET
PLEASE DELIVER TSE FOLLOWING TO:
NAME: Ken C>~n A . '
COMPANY: City of CoppeA ~,1
FAX NO.: 972!304-3570
DATE: Decembar 11, 1998
FROM. Pcter G. Smlth 1,
TRANSMTITED BY: They Le
NiTMBER OF PAGES (I~civding Cover Sbeet):
C011~MENTS:
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t.. IF YOU DO NOT RECEIVE ALL THE PAGES. PLEASE CALL: THUY T (21465-3325
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THE IIJPORMATION CONTAINEb IN TFIIS FACSII~tII.E IS ATTORNEY PRIVIIF.GED AND OONFIDEN'Y'IAI. IIVFORIdATION
IIVTENDED ONLY P'OR THE USE OJ< TliE INDIVIDUAL 0>< EtQTITY NAi~D ABOVE. IF THE RECIPIENT IS NOT T'FI>; IN7LN' DED
RECIPff1VT. YOU ARE HEREBY NOTTFffA THAT ANY DIS'I'R~tTrION, DJSSEbIINATION OR COPYII~IG OF TfIIS
COMAICINICI-AON IS 87WCTLY PROIIlETfED. IF YOU I{AVE RECEIVED THIS IIr ERROR PLEASE NOTffY U3 I14~~DIATELY BY
PHONE AND RSi'URN TFIE ORIGINAL A~ESSAGB TO US AY THE ABOVE ADDRESS V1A THE U.S. POSTAL SERVICE.
** TOTAL PAGE.01 ~
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Tt/E/ectric
=Lone Star Gas
T o x a• U t l l i t l o• C o m p o n l o•
Tim Brancheau
Account Manager - Coppell
Farmers Branch OJjSce
November 19, 1998
Mr. Jim Witt
City Manager
City of Coppell
P. O. Box 478
Coppell, TX 75019
Dear Jim:
Enclosed are two (2) copies of our agreement for the removal of a wood transmission stub pole
and its associated pole structure interfering with the Sandy Lake Road project. It is proposed
to install one (1) concrete structure in its place.
Upon signature of this agreement by the City of Coppell, TU Electric will proceed with the
design and construction of the project. Upon completion of the project, the City of Coppell
shall pay the actual cost of the project as designed, a total cost not to exceed $15,000.00 (see
page 2, paragraph 7).
Please call me at 888-1307 should you have any questions.
Thank ,
f
Tim Brancheau
TB:jrm
Enclosure -
As stated
14400 Josey Lane Farmers Branch, Texas 75234
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TEXAS UTILITIES ELECTRIC COMPANY
CITY OF COPPELL, TEXAS
CONTRACT FOR ADJUSTMENTS TO
TEXAS UTILITIES ELECTRIC COMPANY'S
TRANSMISSION FACILITIES TO ACCOMMODATE
IMPROVEMENTS TO SANDY LAKE ROAD
Texas Utilities Electric Company, 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 line, known as the Coppell -Apollo 69kV Transmission
Line, which will be affected by the Project requiring relocation and adjustment to these
facilities.
The transmission line effected by the Project is located within 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 of one
(1) single wood pole structure with one (1) taller single concrete structure and
the removal of one span guy, one down guy and one stub pole to provide
adequate vertical and horizontal clearances between the transmission line and the
roadway.
4. All locations and adjustments are based upon the elevations as supplied by
Kimley -Horn 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 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 all costs necessary to restore
Company's facilities to their previously existing condition or to a 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 shall 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 balance until
paid, which accrued interest shall be paid to Company. Total cost shall not
exceed $15,000.00, provided, however, that in the event City requires any change
of plans which result in Company incurring costs in excess of $15,000.00, City
shall pay any additional costs to Company. Related indirect (overhead) costs
shall be 20% of total actual direct costs and this rate shall 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 all
claims, causes of action, suits, and demands, 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 removal of Company's facilities. Company also
shall retain the right to remove and prevent the construction or installation 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 ~l day of ,1998.
City of Coppell, Texas
By:
Name: ~ Ll/~
Title: G r
Attes
City Secretary
Texas Utilities Electric Company
By:
Name: Vic Zemanek
APPROVED AS TO FORM:
By:
City Att rney
Title: Transmission Engineering Manager