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Home My WebLink About6.i. Xcel Energy Encroachment Agreement Diamond Path Trail Project, City Project 434 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Special Meeting: May 1, 2012 AGENDA ITEM: Xcel Energy Encroachment Agreement AGENDA SECTION: Diamond Path Trail Project, City Project 434 Uar i PREPARED BY: Andrew J. Brotzler, PE AGENDA NO lX• I Director of Public Works / City Enginee ATTACHMENTS: Statement of Work; Encroachment APPROVED BY: Agreement od RECOMMENDED ACTION: Motion to Approve the Encroachment Agreement with Xcel Energy for the Diamond Path Trail Project, City Project 434 contingent upon cost share with Dakota County and Authorize Necessary Signatures. BACKGROUND Staff requests Council authorization to execute an encroachment agreement with Xcel Energy for the installation of trail improvements within the Xcel Energy permanent easement. Improvements are associated with the Diamond Path Trail Project, City Project 434. A portion of the encroachment agreement includes the replacement of one transmission pole to allow grading near an H -frame transmission structure. The total cost for this work is $8,800.00. On January 4, 2012, the City entered into a Joint Powers Agreement with Dakota County and established the City's funding responsibility to be 45% of the project cost, including relocation costs from utility companies. Dakota County is also requesting approval of this encroachment agreement from their board on May 8, 2012. A copy of the encroachment agreement has been reviewed by the City Attorney. SUMMARY Staff is recommending the City Council authorize the execution of the encroachment agreement with Xcel Energy for the Diamond Path Trail Project, City Project 434 contingent upon Dakota County approval. G: \ENGPROJ \434 \20120501 CC Xcel Energy Encroachment Agreement.docx Xcel Energy Statement of Work Requested HE SPHU$IHtE BY NATURE° DATE: April 4 , 2012 WORK REQUESTED BY City of Rosemount WORK TO BE AT Line 0703, Structure 73 ADDRESS Diamond Path Rosemount, MN 55068 CONSISTING OF: Replacing the east pole of the H -Frame Structure 73 to allow for fill at the base of the structure. Please sign and return this agreement along with a check for the labor /equipment charge prior to the work being performed. Estimated cost at the time of this ageement for all labor and materials to replace the pole at this location is $8,800.00. You will be billed for any balance due or refunded if actual costs are less then the $8,800.00 deposit, once work has been completed. The facilities installed or removed by the Company shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. The undersigned hereby requests and authorizes Northern States Power Company, d /b /a Xcel Energy to do the work described above, and in consideration thereof, agrees to pay Actual labor and equipment costs ($ 8,800.00 in accordance with the following terms: Agreement signed and returned with a Credit Approval $8,800.00 prior to the work being done. n/a Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by XCEL ENERGY Customer City of By Chad Peterson, 612.330.7825 By FOR XCEL ENERGY USE Xcel Energy Rep. Division Xcel Energy Prof. No. Coast. $ Rem. $ Maint. $ Over. $ Trans£ $ Total $ Form 17-7012 (6 -01) Original — Division Accounting Copy — Customer Copy — Division Distribution Engineering Xcel Energy NORTHERN STATES POWER 414 NICOLLET MALL, MP -3 MINNEAPOLIS, MN 55401 April 19, 2012 Joe Koscielak Emailed WSB & Associates, Inc. jkoscielak!a?wsbeng.com 701 Xenia Ave. S., Suite 300 Minneapolis, MN 55416 ENCROACHMENT AGREEMENT Project: Diamond Path Bituminous Trail Improvements Line 0703 NW 1/4, Sec. 30, TI 15, R19, Dakota County File: 2011.404 Dear Joe; Please be advised that this Encroachment Agreement is not effective until signed and returned to Xcel Energy within 30 days of the date of this Letter, after that period it is NULL and VOID. Our Transmission Engineers have reviewed the Diamond Path Bituminous Trail Improvements in Rosemount, MN encroachment request. The encroachment is acceptable to Xcel Energy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Energy's transmission lines are complied with during construction and subsequent operation, maintenance and future decommissioning of the requested facility. Xcel Energy's review of the proposed work indicates that the anticipated construction activities may be difficult to complete given the clearance requirements for this transmission line. Please refer to Section (5), Clearances to equipment and workers, for working clearances for this project. The encroachment requestor is responsible for ensuring construction activities do not violate the working clearance without proper protective measures and additional review from Xcel Energy. SCOPE OF PROJECT. This project consists of construction of a trail along a 69kV Line 0703 that runs north -south on the east side of Diamond Path road. The proposed trail is 8' wide, and intersects line 0703 at structures 73, 74, and 75. Structure 73 is an H -frame with a leg distance of 13' with the trail running between with 2' -6" clearance on both sides. Structure 74 is a steel lattice structure with the trail path running along its east edge. The proposed trail will intersect Structure 75, the southernmost impacted structure, by running along its western edge. The proposed trail meets NESC and Xcel Energy standards. Page 1 of 4 Page 2of4 4119/2012 (1) Excavation close to structure location. A minimum distance of 20 feet of supported earth must be maintained from any part of the line structure if cut for construction of trail is beyond 1'. Support of the ground beyond the 20 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. All retaining walls shown in the construction plans dated 11/8 for Diamond Path Trail are acceptable as proposed. (2) Grade change around structure location. II ' Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the requestor's expense, which includes the "Statement of Work Requested ", dated April 4, 2012. (3) Fill and grade change around guy wires and anchors. Fill above the steel anchor rod onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval prior to construction start. (4) Grade change within easement. The ground elevation within the easement shall not be increased above existing grade. Stockpiling of soil and /or material within the easement will not be permitted. (5) Clearances to equipment and workers. A working clearance of 15 feet between the electrical conductors and any cranes or digging equipment used at conductor elevation in or near the easement and a clearance of 10 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin 612/330 - 2875). Adequate advanced notice must be provided in order to schedule a line outage, if an outage is available. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (6) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xccl Energy in advance of construction for review and approval prior to construction start. Generally shorter varieties of trees and shrubs, 15 feet or less mature height, may be considered. if planting is permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure sites. Page 3of4 4/19/2012 (7) Building on easements. There shall he no permanent or temporary building allowed (8) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (9) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non - building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start, (10) Fences on easements. All trail locations that are within 3 feet of existing transmission structures be separated by a fence, to protect bicyclers and others from contact with the poles. Any fence should be located so that it does not prevent the use of ladder rungs used by qualified line men or the fence can be made removable to accommodate needs as required. The fence shall be a minimum of 3'-4" tall and be placed a minimum of I' from the transmission structures and also shall continue 5' beyond transmission structures in either direction. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes. Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded to prevent shocks. It is the express condition of this consent that all other terms and conditions of those certain easements granted by Frances A. Harper on July 17, 1974, and recorded as Document No. 105148; and Peter and Anna Molitor on July 17, 1974, and recorded as Document No. 104915 shall remain in full force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel Energy representatives, until all construction and site restoration has been completed. To acknowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this process. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered null and void, the file will be closed, your request will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall make this agreement null and void unless initialed by both parties. Thank you for your courtesy and cooperation. Page 4 of 4 4/19/2012 Sincerely, Chad Peterson ACCEPTED: Land Rights Agent Siting and Land Rights Dept. 612 -330 -7825 By 612 -318 -4749 (fax) Name: chad.t.peterson(xcelenergv.com Its: cc: Will Pim Tim Wachholz (0703 -NH- 33629 -43) (0703: Str. 73 -75)