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8.7 Agr Elec Relocation CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 7/12/99 4:00 P.M. I AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: 8 Engineering & General Services ITEM BY: Shawn O'Leary BY: ITEM Approve relocation agreement with Western Resources for improvements related to the Belmont and Magnolia Road Traffic Signal Improvements, Project No. 98-1148. BACKGROUND On June 28, 1999, the City Commission approved the final plans and specifications for the Belmont Boulevard and Magnolia Road Signalization Improvements, Project No. 1148, and authorized staff to establish a bid date for the project. The bid date will be July 27, 1999. As you know, two other agencies are actively involved in the development of this project, Westem Resources(KPL) and Union Pacific Railroad Company. The attached agreement with Western Resources represents months of negotiation by city staff involving the overhead power lines at the intersection and their relationship to the proposed traffic signals. In essence, the agreement calls for the installation by Western Resources of a 75-foot tall wooden structure in the Belmont Boulevard median north of Magnolia Road in order to raise the existing power line to an acceptable height above the proposed traffic signals. Clearly, this action is being taken by Western Resources in the interest of public safety. The agreement specifies that the cost of this installation, estimated at $6,100.00, will be paid by the City of Salina. The City is responsible for this modification in this case because Westem Resources has the pre-existing rights in this utility easement. In other words, the power line was there before Belmont Boulevard existed. The 1999 Capital Improvement Program allocates $300,000 for this project. The current estimate of construction costs along with this Western Resources agreement and a forthcoming agreement from Union Pacific Railroad do not exceed $200,000. The project construction will be completed in 1999. ACTION It is recommended that the City Commission approve the agreement with Western Resources for improvements related to the Belmont Boulevard and Magnolia Road Traffic Signal Improvements, Project No. 98-1148. Resolution Number 99-5481 Western Resourcer June 14, 1999 Mr. Shawn O'Leary P.E. Director City of Salina Engineering 300 West Ash Street P.O. Box 736 Salina, Kansas 67402-0736 Dear Mr. O'Leary, Enclosed please find our Electric Line Modification/Relocation Agreement for the work to be done to raise our phase conductors. This work is needed to provide clearance between Traffic Control devices to be installed by the City of Salina, the height of which will not exceed 25 feet above existing grade, and the phase conductors for our 115kV overhead electric transmission line. We refer to our line as 115-13, Northview - Smokey Hill substation which is located in the Southwest ¼ of Section 25, Township 14 South, Range 3 West Saline Co., Kansas. Please have the City sign the agreement above "Customer" and return it to me for processing in our office. Once processing has been completed in our office I will send you a fully executed copy for your files. As noted in the Agreement Western Resources will bill the City for the total amount due, ($6100.00) once construction has been completed. If you have any questions plea_se feel free to call me at (785) 575-8167. ~Very t rs, regory . oy Design Technician IV Electric Transmission Line Engineering 818 South Kansas Avenue / P.O. Box 889 / Topeka, Kansas 66601 Office Telephone: (785) 575-6300 Electric Line Modification/Relocation Agreement WESTERN RESOURCES, INC., a Kansas corporation hereinafter referred to as "WRI", hereby agrees with The City of Salina hereinafter referred to as "CUSTOMER", that WRI will provide the labor, equipment, materials and supplies to modify or relocate the electric power line on the property herein described, according to the terms and conditions set forth below. 1. The parties agree that the line modification/relocation is necessary to improve the following described real property, so that the property will be suitable for CUSTOMER's intended use: Install one new 75' tall wood tangent structure between existing structures 395-396, for our 115kV overhead electric transmission line (115-13), located in the Southwest 1/4 of Section 25, Township 14 South, Range 3 West, Saline Co., Kansas. 2. CUSTOMER will be liable for the final cost of the line modification/relocation. The final cost will be based on the actual labor, equipment, supplies, materials and property acquisitions (such as easements or rights of way), needed to modify or relocate the line in accordance with standard industry practice and in order for the line to comply with WRI standards and the National Electric Safety Code. WRI estimates at this time that the cost of the line modification/relocation (excluding property acquisition costs) will be approximately $6100.00 The cost and conditions relating to property acquisition if applicable, shall be _ attached and incorporated to this agreement and labeled "Appendix A." 3. CUSTOMER will pay the total amount due upon completion of the above described work. 4. Provided the foregoing conditions have been met, WRI will begin work on the line on or before July 6. 1998. and will have the modification or relocation completed on or before August 3. 1998. However, WRI may adjust or extend this work schedule as weather conditions require. When the line modification or relocation is complete, WRI will submit to CUSTOMER an itemized invoice for the final modification/relocation costs. CUSTOMER will then have 30 days from receipt of the invoice to pay WRI the amount due. 6. The Kansas Overhead Power Line Accident Prevention Act, K.S.A. 66-1701 etseq., prohibits certain activity which is likely to place people, machinery or equipment within 10 feet of an overhead power_line. Both prior to and after completion of the line modification/relocation, CUSTOMER will be responsible for limiting or prohibiting any work or activity on the above-described property, which activity is likely to violate the Overhead Power Line Act or to otherwise risk bodily injury or damage. CUSTOMER agrees to indemnify, hold harmless and defend WRI for any claims arising from CUSTOMER'S duties described in this paragraph. Executed this day of ,1999 WESTERN RESOURCES, INC. ("CUSTOMER") By: By: Title: Title: Attest: Attest: