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V(G) Approval and Authorization of Expenditure of Funds in the Amount of $104,225.78 to Pay for the Installation of Permanent Underground Electrical Service for the New High School and the Wastewater Lift Station Agenda 04-06-2004 Mayor center of G Item V G y e �d t Commissioners S. Scott Vandergrift Danny Howell, District 1 Scott Anderson, District 2 City Manager �"—"_ Rusty Johnson, District 3 Gene Williford Nancy J. Parker, District 4 STAFF REPORT TO: 'fie Honorable Mayor and City Commissioners FROM: David A. Wheeler,P.E. Director of Public Works DATE: March 28, 2004 RE: Permanent Electrical Service Proposal with Progress Energy Florida,Inc. for the Ocoee Crown Point PUD Phase 1 Infrastructure Project ISSUE The Public Works and Community Development Departments request that the Mayor and City Commission approve the expenditure of funds to pay for the installation of permanent underground electrical service for the new high school and the wastewater lift station to Progress Energy Florida, Inc. on the Ocoee Crown Point property. BACKGROUND/DISCUSSION At the March 2°a City Commission meeting the City Commission approved for the Distribution Easement Agreement between the City of Ocoee and Progress Energy Florida, Inc. for the installation of permanent underground electrical power facilities for the Ocoee Crown Point property including the new high school as a part of the phase 1 development. The attached two proposals cover the installation of those permanent underground facilities to serve the phase 1 portion of the development. These facilities will be installed in easements located outside of but adjacent to the road right-of-way for Ocoee Crown Point Parkway. The cost of this permanent underground electrical power service is $104,225.78 and needs to be paid up front to Progress Energy Florida, Inc. This expense will be charged to the Ocoee Crown Point project fund and the reimbursement from OCPS will be added back to this project fund. The up front payment is Progress Energy Florida, Inc. standard procedure for all services. Because the City is the customer, these expenses need to be paid by or through the City. Orange County Public Schools (OCPS) has agreed to participate in this expense for the permanent underground facilities in the amount equal to their share of the power load requirements for the school. Using Progress Energy's power load factor of 31%, OCPS's share of this expense is $32,313.09. OCPS also agreed to reimburse the City for the cost for the temporary overhead power facilities that were approved by the City Commission on March 3, 2004. RECOMMENDATION Staff recommends that the City Commission approve the expenditure of the $104,225.78 to Progress Energy Florida, Inc. and to proceed as expeditiously as possible in installing the permanent underground electrical service to the new high school and wastewater lift station as part of the phase 1 infrastructure for the Ocoee Crown Point development. &*1 Progress Energy March 30, 2004 Mr.David Wheeler City of Ocoee 150 North Lakeshore Drive Ocoee,FL 34761 Fax: (407)656-7835 Subject: Electric Service for Crown Point Parkway,Phase 1 Dear Mr.David Wheeler: Please review the enclosed documents indicated below, one for each of the project phases described above. Completion of these document(s) is necessary in order for us to provide you with electric service. AUTHORIZATION AND AGREEMENT. This invoice is valid for 90 days. Please sign the original and return with your payment; the copy is for your records. ELECTRIC SERVICE PROPOSAL & AGREEMENT FORM. This provides you with our proposed job description, our responsibilities to you, and what you need to provide to us in order to schedule work on the project. IN ORDER FOR PROGRESS ENERGY TO PROCEED WITH THE SCHEDULING OF THIS PROJECT, IT IS REQUIRED THAT YOU PROVIDE US WITH ALL OF THE INFORMATION LISTED ABOVE. All the appropriate forms along with any payments should be returned in the envelope provided. We look forward to having you as a customer and providing you with electric service. Please feel free to call me at (407) 905-3415, with any questions you may have regarding this letter or your service. Sincerely, Craig Merritt,PE Engineering Representative ENG/clerical Enclosures WINTER GARDEN OPERATIONS:611 East Bay Street•Winter Garden•Florida 34787•(407)646-8226 Progress Energy DATE:February 25, 2004 ELECTRIC SERVICE PROPOSAL Re: Progress Energy work order number 1057153 Proposed distribution system for Crown Point Parkway—Phase 1 Our proposed system is based upon load information and building plans submitted to Progress Energy. Any changes in building design,project layout,service requirements,or project scheduling,may affect this system. Service within the project will be provided by underground facilities as shown on the drawing. There will be a charge of$ 41,578.94 to be paid by the customer in advance, to aid in the construction of this underground system. This charge represents the cost differential for installing underground as opposed to overhead facilities. In the event that you request or cause any changes to be made to this distribution system, you will be charged for all additional costs that Progress Energy incurs because of the changes. You will also be charged for all costs resulting from damages to our equipment or facilities caused by you, your employees, agents or subcontractors. This proposal is for normal trenching cost and does not include cost to repair any paving that must be cut, or for cost to jack and bore under paving. Also excluded are any cost to install and operate well points in high water table areas. Requirement of any of these operations will be the developer's responsibility. Any expense to Progress Energy will be billed to you. It will be your responsibility to have all trench routes and transformer locations cleared, with final grade established,prior to the installation of our facilities. All pertinent lot corners,street locations and underground utilities shall be staked. You will be responsible for any damage to underground utilities resulting from your failure to accurately locate and mark such utilities prior to the installation of our facilities and for any costs incurred due to your failure to comply with the other responsibilities described herein. No paving or sodding shall be done on the trench routes until all necessary cables or conduits have been installed. Progress Energy will not be responsible for any repaving or resodding made necessary by the installation of the facilities shown in this proposal. Progress Energy will not be responsible for any reshaping or regrading of ditches or swales. Progress Energy will not be responsible for compaction or testing of our trench route. Our normal mode of operation is to use backhoe's shovel and weight to backfill the trench. Page 1 of 3 Progress Energy For further information regarding meter requirements, please refer to the current issue of our booklet, "Requirements for Electric Service and Meter Installation",which is included in this package. It will be the responsibility of Progress Energy to provide, install and maintain all primary conductors, ducts, transformers, and other facilities necessary to provide service to the designated points of delivery as indicated on the drawing. We will also provide all necessary easement documents, authorization forms, billing invoices, and contracts for execution by the customer. All terms and charges of this proposal are valid for ninety days from the date of this letter, after which time they are subject to change in accordance with our rates and tariffs as filed with the Florida Public Service Commission. Installation of our system will proceed relative to the scheduled and actual completion of the project. In the event that the installation of our system cannot be completed within six months of the date of this letter as a direct result of the progress of the entire project, that portion of our system which has not been installed may be subject to change in accordance with our filed rates and tariffs. If this proposal is acceptable to you, please sign one copy of the enclosed Agreement for Electric Service form and return it to this office as soon as possible, along with the other documents and payment previously discussed. One copy of each document may be retained for your records. If there are any questions about this proposal,please do not hesitate to call Craig Merritt, Engineering Representative at(407)905-3415. Page 2 of 3 Progress Energy 1057153 (Eng.—Craig Merritt) AGREEMENT FOR ELECTRIC SERVICE BETWEEN PROGRESS ENERGY (the"UTILITY") AND (the"APPLICANT") WHEREAS, the Utility owns and operates an electric distribution system in Orange County, Florida, in which the Applicant owns a real property development to be known as Crown Point Parkway (the "Development"), on which the Applicant has constructed or proposes to construct certain improvements;and WHEREAS,the Utility desires to cooperate with the Applicant and to install an electric distribution system for the development as described in the Utility's electric service proposal dated February 25, 2004, including the various attachments specified therein, (the "Proposal"),which is incorporated herein and made a part hereof by this reference; NOW,THEREFORE, in consideration of the premises and of the mutual agreements hereinafter set forth, the parties hereby agree as follows: 1. Upon compliance by the Applicant with all of the provisions of the Proposal, in a manner acceptable to the Utility, the Utility shall install,operate and maintain an electric distribution system consisting of facilities and related equipment for providing electric service in accordance with the Proposal. Facilities will be provided for single phase service only, except as otherwise indicated in the Proposal. 2.The Applicant agrees to the charge set forth in the Proposal by the Utility to aid in the construction of the distribution system,which amount is to be paid before construction by the Utility commences. 3. In the event the Applicant makes or causes to be made, any changes in the distribution system in the Proposal, the Applicant agrees to pay the Utility all additional costs incurred by it as a result of such changes. The Applicant further agrees to pay the Utility for any damages to its equipment or facilities caused by the Applicant, its employees,agents,or sub-contractors. 4. The Applicant agrees to convey to the Utility, without cost. all easement rights, including ingress and agrees, necessary and convenient to the Utility for the purpose of constructing,operating, maintaining,and removing the distribution system. 5.The Applicant shall provide service entrance facilities in accordance with the Proposal and the Rules and Regulations of the Utility, including the current published"Requirements for Electric Service and Meter Installations". 6. Nothing in this Agreement shall be construed to have the effect of vesting in the Applicant any right, title or interest in or to any distribution facilities,all of which shall be and remain the exclusive property of the Utility. 7.This Agreement is subject to the regulatory jurisdiction of the Florida Public Service Commission and the terms and charges hereof are contingent upon any applicable changes approved or directed by the Commission to the Rules and Regulations or the Rate Schedules contained in the Utility's tariff. No other changes to this agreement shall be effective unless agreed to in writing. 8. This agreement incorporates all prior agreements between the Applicant and the Utility concerning the Subject development and all other representations or understandings not set forth herein are superseded and ineffective. (Applicant) PROGRESS ENERGY BY By Title Title DISTRIBUTION ENGINEERING SUPERVISOR Date Date Page 3 of 3 c14 Progress Energy March 30, 2004 Mr.David Wheeler City of Ocoee 150 North Lakeshore Drive Ocoee,FL 34761 Fax: (407)656-7835 Subject: Electric Service for Ocoee-Crown Point Parkway Feeder,Phase 2 and Lift Station Dear Mr.David Wheeler : Please review the enclosed documents indicated below, one for each of the project phases described above. Completion of these document(s) is necessary in order for us to provide you with electric service. AUTHORIZATION AND AGREEMENT. This invoice is valid for 90 days. Please sign the original and return with your payment; the copy is for your records. ELECTRIC SERVICE PROPOSAL & AGREEMENT FORM. This provides you with our proposed job description, our responsibilities to you, and what you need to provide to us in order to schedule work on the project. Provided the following requirements are met,Progress Energy Corporation will have a lead time of 10 weeks from when the requirements listed below are completed until the system is energized. • Receipt of a signed copy of the Invoice and Service Proposal along with the payment of the funds specified therein. • Site at final grade in the area where Progress Energy Corporation's facilities are to be installed as shown on the attached print. • Complete field staking and marking of all necessary features,Right-of-Ways, cable paths,pole locations,and equipment locations. • Access to the site by Progress Energy Corporation's and our Contractor's vehicles and equipment. • Approval of all necessary permits and easements. (Continued) WINTER GARDEN OPERATIONS:611 East Bay Street•Winter Garden•Florida 34787•(407)646-8226 c•� t,,.j Progress Energy IN ORDER FOR PROGRESS ENERGY TO PROCEED WITH THE SCHEDULING OF THIS PROJECT, IT IS REQUIRED THAT YOU PROVIDE US WITH ALL OF THE INFORMATION LISTED ABOVE. All the appropriate forms along with any payments should be returned in the envelope provided. We look forward to having you as a customer and providing you with electric service. Please feel free to call me at (407) 905-3415, with any questions you may have regarding this letter or your service. Sincerely, Craig Merritt,PE Engineering Representative ENG/clerical Enclosures WINTER GARDEN OPERATIONS:611 East Bay Street•Winter Garden•Florida 34787•(407)646-8226 Progress Energy DATE:March 25, 2004 ELECTRIC SERVICE PROPOSAL Re: Progress Energy work order number 1236618 Proposed distribution system for Crown Point Parkway Feeder—Phase 2 and Lift Station Our proposed system is based upon load information and building plans submitted to Progress Energy. Any changes in building design,project layout, service requirements,or project scheduling,may affect this system. Service within the project will be provided by underground facilities as shown on the drawing. There will be a charge of$ 62,656.84 to be paid by the customer in advance, to aid in the construction of this underground system. This charge represents the cost differential for installing underground as opposed to overhead facilities plus the cost of installing the facilities to serve the Lift Station. In the event that you request or cause any changes to be made to this distribution system,you will be charged for all additional costs that Progress Energy incurs because of the changes. You will also be charged for all costs resulting from damages to our equipment or facilities caused by you, your employees, agents or subcontractors. This proposal is for normal trenching cost and does not include cost to repair any paving that must be cut, or for cost to jack and bore under paving. Also excluded are any cost to install and operate well points in high water table areas. Requirement of any of these operations will be the developer's responsibility. Any expense to Progress Energy will be billed to you. It will be your responsibility to have all trench routes and transformer locations cleared, with final grade established,prior to the installation of our facilities. All pertinent lot corners, street locations and underground utilities shall be staked. You will be responsible for any damage to underground utilities resulting from your failure to accurately locate and mark such utilities prior to the installation of our facilities and for any costs incurred due to your failure to comply with the other responsibilities described herein. No paving or sodding shall be done on the trench routes until all necessary cables or conduits have been installed. Progress Energy will not be responsible for any repaving or resodding made necessary by the installation of the facilities shown in this proposal. Progress Energy will not be responsible for any reshaping or regrading of ditches or swales. Page 1 of 3 Progress Energy Progress Energy will not be responsible for compaction or testing of our trench route. Our normal mode of operation is to use backhoe's shovel and weight to backfill the trench. For further information regarding meter requirements, please refer to the current issue of our booklet, "Requirements for Electric Service and Meter Installation", which is included in this package. It will be the responsibility of Progress Energy to provide, install and maintain all primary conductors, ducts, transformers, and other facilities necessary to provide service to the designated points of delivery as indicated on the drawing. We will also provide all necessary easement documents, authorization forms, billing invoices, and contracts for execution by the customer. All terms and charges of this proposal are valid for ninety days from the date of this letter, after which time they are subject to change in accordance with our rates and tariffs as filed with the Florida Public Service Commission. Installation of our system will proceed relative to the scheduled and actual completion of the project. In the event that the installation of our system cannot be completed within six months of the date of this letter as a direct result of the progress of the entire project, that portion of our system which has not been installed may be subject to change in accordance with our filed rates and tariffs. If this proposal is acceptable to you,please sign one copy of the enclosed Agreement for Electric Service form and return it to this office as soon as possible, along with the other documents and payment previously discussed. One copy of each document may be retained for your records. If there are any questions about this proposal,please do not hesitate to call Craig Merritt,Engineering Representative at(407)905-3415. Page 2 of 3 Progress Energy 1236618(Eng.—Craig Merritt) AGREEMENT FOR ELECTRIC SERVICE BETWEEN PROGRESS ENERGY (the"UTILITY") AND (the"APPLICANT") WHEREAS, the Utility owns and operates an electric distribution system in Orange County, Florida, in which the Applicant owns a real property development to be known as Crown Point Parkway (the "Development"), on which the Applicant has constructed or proposes to construct certain improvements;and WHEREAS,the Utility desires to cooperate with the Applicant and to install an electric distribution system for the development as described in the Utility's electric service proposal dated March 25, 2004, including the various attachments specified therein, (the "Proposal"),which is incorporated herein and made a part hereof by this reference; NOW,THEREFORE, in consideration of the premises and of the mutual agreements hereinafter set forth, the parties hereby agree as follows: 1. Upon compliance by the Applicant with all of the provisions of the Proposal, in a manner acceptable to the Utility, the Utility shall install,operate and maintain an electric distribution system consisting of facilities and related equipment for providing electric service in accordance with the Proposal. Facilities will be provided for single phase service only, except as otherwise indicated in the Proposal. 2.The Applicant agrees to the charge set forth in the Proposal by the Utility to aid in the construction of the distribution system,which amount is to be paid before construction by the Utility commences. 3. In the event the Applicant makes or causes to be made, any changes in the distribution system in the Proposal, the Applicant agrees to pay the Utility all additional costs incurred by it as a result of such changes. The Applicant further agrees to pay the Utility for any damages to its equipment or facilities caused by the Applicant, its employees,agents,or sub-contractors. 4. The Applicant agrees to convey to the Utility, without cost. all easement rights, including ingress and agrees, necessary and convenient to the Utility for the purpose of constructing,operating,maintaining,and removing the distribution system. 5.The Applicant shall provide service entrance facilities in accordance with the Proposal and the Rules and Regulations of the Utility, including the current published"Requirements for Electric Service and Meter Installations". 6. Nothing in this Agreement shall be construed to have the effect of vesting in the Applicant any right, title or interest in or to any distribution facilities,all of which shall be and remain the exclusive property of the Utility. 7.This Agreement is subject to the regulatory jurisdiction of the Florida Public Service Commission and the terms and charges hereof are contingent upon any applicable changes approved or directed by the Commission to the Rules and Regulations or the Rate Schedules contained in the Utility's tariff. No other changes to this agreement shall be effective unless agreed to in writing. 8. This agreement incorporates all prior agreements between the Applicant and the Utility concerning the Subject development and all other representations or understandings not set forth herein are superseded and ineffective. _City of Ocoee (Applicant) PROGRESS ENERGY BY BY Title Title DISTRIBUTION ENGINEERING SUPERVISOR Date Date Page 3 of 3