HomeMy WebLinkAboutItem #08 Approval of Letter Agreement for Temporary Water and Wastewater Interconnection and Services at Good Homes Service Area for S.R. 50 WideningIl
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AGENDA ITEM COVER SHEET
Meeting Date: May 7, 2013
Item # 2
Contact Name: Charles K. Smith, P.E.
Contact Number: 407 - 905 -3159
Reviewed By:
Department Director: Charles K. mith ,
City Manager: Robert Franka
Subject: Letter Agreement for Temporary Water and Wastewater Interconnection and
Services a t Good Homes Service Area for S.R. 50 Widening Proiect
Background Summary:
FDOT has awarded the widening of State Road 50 from Good Homes Plaza to Vintage Village
Lane. A portion of the widening will replace the existing land- bridged causeway with a bridge
structure over Lake Lotta. Therefore, the City's existing 6" sanitary force main and 12" potable
water main must be removed and replaced with lines to be hung under the bridge. The City has
entered into an agreement with FDOT, approved by Commission on January 4, 2011, to include
the relocation within FDOT construction project.
FDOT provided the contractor with the opportunity to value engineer the widening project, leading
to financial, constructability, and operational benefits to the final FDOT project. What resulted from
this task was the determination that the existing utilities needed to be relocated before the
construction of the bridge, which would result in a second relocation of the lines, with an estimated
cost between $300,000 and $400,000, and lengthening of the project timeframe. An alternative to
a second relocation is the extension of both the existing water and sewer lines from the north side
of State Road 50 to the south side, where they can be temporarily connected to similar Orange
County utilities. The Orange County tie -ins will remain in use until the south portion of the bridge is
completed. It is anticipated the south portion of the bridge and utility work will be completed within
the first year of the project.
Attached is the Agreement with Orange County for temporary bulk water and wastewater service.
Due to the late notification of utility constructability issues and the duration of negotiations for an
Agreement with Orange County; any further delays in a resolution of the relocation issue would
have resulted in the City being responsible for damages due to construction delays. Thus, Staff
proceeded with the Agreement and initiated a work directive to the contractor. Engineering staff is
negotiating the tie -in construction cost with FDOT and their contractor, which is estimated to be
less than $50,000.
Finally, only the wastewater connection will be completed initially, with the water connection being
prepped and staged. The water may not be required as there is an existing second (looped)
connection for potable water to the Good Homes area.
The City Attorney's office has reviewed, provided comments and approved the executed
Agreement.
Issue:
Should the City Commission and Mayor confirm a temporary Agreement with Orange County to
provide bulk water and wastewater services for the Good Homes area which are needed to
accommodate the initial phase of State Road 50 Widening from Good Homes Road to Vintage
Village Lane?
Recommendations:
Motion to confirm the acceptance and approval of the Letter Agreement for Temporary Water and
Wastewater Interconnection and Services at Good Homes Service Area for the State Road 50
Widening Project.
Attachments:
Executed Letter Agreement for Temporary Service and supporting documentation which includes
Good Homes Service Area Map - Exhibit "A ".
Good Homes Service Area 24 Month Historical Flows Table
Financial Impact:
Based on historical flows (see attached "Good Homes Service Area 24 Month Historical Flows"
table) to the Good Homes area, the County's monthly volumetric fees will run less than $3,000
month and the probable construction cost will not exceed $50,000, or based on 12 months, a total
cost of $86,000.
Type of Item: (please mark with an 'V)
Public Hearing
For Clerk's Dept Use
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
N/A
Reviewed by Finance Dept.
N/A
Reviewed by ( )
N/A
2
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UTILITIES DEPARTMENT
�
Raymond E. Hanson, P. E., Director
CVUIY
9150 Curry Ford Road
Orlando. Florida
UlY l l
Telephone: 407-254-9809
GOVERNTIVIENT
Fax: 407-254-9899
Email: Ray.Hanson@ocfl. net
r L o a 1 I) A
April 18, 2013
Mr. Robert Frank, City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
Subject: Letter Agreement for Temporary Water and Wastewater
Interconnection and Services at Good Homes Service Area
Dear Mr. Frank:
Pursuant to your letter dated April 8, 2013, requesting temporary water and wastewater
interconnection and services, Orange County ( "County ") agrees to provide the City of
Ocoee ( "City") such interconnection and temporary water and wastewater services
subject to the following conditions set forth in this Letter Agreement ( "Letter
Agreement "):
1. Connections to County Water and Wastewater Systems. Attached hereto and
incorporated herein as Exhibit "A," is a map indicating the approximate
locations of the water and wastewater connection points. The City will provide to
the County the exact locations of the connection points and pipe and meter sizing
immediately upon completion of design by the City's engineer. The City shall be
solely responsible for all work and costs of completing the connections and
physically connecting to the County's water and wastewater systems. All
connections shall meet County standards and are subject to approval by the
County.
2. Volume and Delivery of Water and Wastewater Services. The County shall
provide potable water service for the City of up to 1,000 gallons per minute for
fire protection only with a minimum pressure of 50 psi.
The City shall deliver and the County shall accept, treat and dispose up to 25,000
gallons per day on average annual daily flow (AADF) of wastewater flow from the
City.
3. Metering. The County shall provide to the City, at City's cost and expense, a
water meter for the fire protection connection point. Ownership, operation,
maintenance, calibration and replacement of this meter shall be the responsibility
of the County. If the meter is located on property that is not under public
ownership or control of the County, the City shall provide the County unrestricted
access to the meter for operation, maintenance, repair, replacement, and
removal.
Letter Agreement for Temporary Water and Wastewater Interconnection
April 18, 2013
Page 2 of 4
The City has installed water meters at the locations which will be provided
wastewater services under this agreement. Ownership, operation, maintenance,
calibration and replacement of these meters shall be the responsibility of the City.
The City shall install all meters for additional locations within the Good Homes
Service Area to be provided wastewater services under this agreement and
provide such locations and meter sizes to the County.
4. Rates and Billing. The City shall read the meters monthly to obtain consumption
amounts for billing purposes. The City shall send monthly meter reads to:
Robin Hritz, Senior Fiscal Coordinator
Orange County Utilities Customer Service
9150 Curry Ford Road
Orlando, FL 32825
The County shall charge City for wastewater a fixed monthly charge based upon
the size of the meter installed and the appropriate volume charge from meter
reading based upon County's Wastewater System Charge Schedule as approved
by Orange County Board of County Commissioners, as may be amended from
time to time. Wastewater volume will be determined from water meter readings,
excluding irrigation meters.
The County shall charge City for potable water a fixed monthly charge based
upon the size of meter installed and the appropriate volume charge based upon
County's Water System Charge Schedule as approved by Orange County Board
of County Commissioners, as may be amended from time to time.
The County will send monthly invoices to:
Charles K. Smith, P.E., Utilities Director
City of Ocoee
1800 A.D. Mims Road
Ocoee, FL 34761
The County will submit monthly bills to the City and City shall make payment in
full to the County no later than thirty (30) days from the bill date. Any amount
unpaid by due date shall be subject to a 1.5% late fee per month.
5. Capital Charges and Connection Fees. The County shall not require City to
pay its Water or Wastewater Capital Charges as this Letter Agreement is for
temporary service only. In the event the temporary service extends beyond the
term of this Letter Agreement, the City shall pay the County its then current
Water and Wastewater Capital Charges.
6. Term and Termination. This Letter Agreement shall be effective upon the date
of last execution below and shall remain in effect until FDOT completion and
FDEP certification of the relocated City's potable water and sanitary sewer force
main caused by State Road 50 widening, but not longer than a maximum term of
Letter Agreement for Temporary Water and Wastewater Interconnection
April 18, 2013
Page 3 of 4
three (3) years from the date of last execution. Either party may terminate this
Letter Agreement for Cause in the Event of Default by the other party. Either of
the following events shall constitute a "Event of Default:" (a) Failure to pay any
bill for service rendered or other charges incurred under this Letter Agreement; or
(b) Failure to comply with any material provision of this Letter Agreement, and
failure to cure that default within thirty (30) days after notice and written demand
by the other party to cure the default.
7. Emergency Interconnects. Prior to the expiration of the term of this Letter
Agreement, the parties agree to negotiate a new agreement wherein the
connection points may be used as emergency interconnects.
8. Removal of Interconnects. Should the City and County determine that these
connection points will not be used as emergency interconnects following the term
of this Letter Agreement the City shall be responsible for the costs to remove and
dispose of the connection points in a manner satisfactory to the County.
9. Indemnification. To the extent permitted under the laws of the State of Florida,
each party agrees to defend, indemnify and hold harmless the other party, its
officials and employees from all claims, actions, losses, suits, judgments, fines,
liabilities, costs and expenses (including attorney's fees) attributable to its
negligent acts or omissions, or those of its officials and employees acting within
the scope of their employment, or arising out of or resulting from the indemnifying !
party's negligent performance under this agreement. Nothing contained herein
shall constitute a waiver of sovereign immunity or the provisions of Section
768.28, Florida Statutes. The foregoing shall not constitute an agreement by
either party to assume any liability for the acts, omissions and /or negligence of
the other party.
10. Insurance. Without waiving its right to sovereign immunity as provided in
Section 768.28, Florida Statutes, the City acknowledges to be self- insured for
General Liability and Automobile Liability with coverage limits of as set forth in
Section 768.28, Florida Statutes.
The City agrees to maintain commercial insurance or to be self- insured for
Workers' Compensation & Employers' Liability in accordance with Florida Statute
440.
Upon request the City shall provide an affidavit or Certificate of Insurance
evidencing self- insurance or commercial insurance up to sovereign immunity
limits, which the County agrees to find acceptable for the coverage mentioned
above.
The County's failure to request proof of insurance or to identify any deficiency in
coverage or compliance with the foregoing requirements shall not relieve the City
of its liability and obligations under this agreement.
Letter Agreement for Temporary Water and Wastewater Interconnection
April 18, 2013
Page 4 of 4
The City shall require all contractors performing work within the County right -of-
way or easement areas to procure and maintain workers' compensation,
commercial general liability, business auto liability and contractor's pollution
liability coverage. Each party shall be listed as an additional insured on all
general liability policies.
If this Letter Agreement meets with your approval, please sign both copies in the
signature block below and return one executed copy to me.
The County and the City have each caused this Letter Agreement to be executed by
their respective duly authorized representatives and to be effective upon the date of the
last execution.
Sincerely,
Ray nd E. Hanson, P.E.
Department Director
Orange County Utilities
Date: Z /?' �/3
Signed and Agreed to:
Robert Frank
City Manager
City of Ocoee
Date: / 7 3
c: Jason Herrick, P.E., Deputy Director, Orange County Utilities Department
Andres Salcedo, P.E., Manager, Engineering Division, Orange County Utilities Department
Colleen Puglisi, Agreements Manager, Orange County Utilities Department
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Imporary Potable \Valcr and
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Good I tomes Service Area Map
Exhibit "A"
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