Item #07 Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion Utility Reimbursement Agreement 11%\.$0.
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 15, 2018
Item # r]
Reviewed By:
Contact Name: Stephen C. Krug Department Director: / . ,
Contact Number: 6002 City Manager: 47/r//-1
Subject: Duke Energy Bluford Avenue Overhead to Underground Conve ion Utility
Reimbursement Agreement. Commissioner Wilsen, District 2 and Commissioner Firstner,
District 3.
Background Summary:
The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017.
An integral part of this streetscape project in the Downtown Master Plan is the conversion of pole
mounted overhead utilities to underground facilities. The conversion for electrical and cable utilities was
incorporated in the projects funded through the General Fund bond. The City has coordinated with
Duke Energy for the conversion with the next step in the process executing a Utility Reimbursement
Agreement (URA). Executing the URA will allow Duke to finalize the design and costs which will be
brought back to the Commission for approval at a future date. Public Works recommends approval of
the URA in order to facilitate the completion of the Streetscape Project.
Issue:
Request the City Commission to approve the Utility Reimbursement Agreement with Duke Energy for
the overhead to underground conversion of the electrical distribution system on the Bluford Avenue
Streetscape project.
Recommendations:
Recommend the City Commission approve the Duke Energy Florida, LLC, Utility Reimbursement
Agreement as part of the overhead to underground conversion of the electrical distribution system on
the Bluford Avenue Streetscape Project.
Attachments:
Utility Reimbursement Agreement.
Financial Impact:
The finalized cost of the conversion work will be brought for separate Commission approval in the
future as part of the downtown redevelopment funding.
Type of Item: (please mark with an x
Public Hearing For Clerk's Dept Use:
Ordinance First Reading i\ 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. C��A)0p2,0 (100 N/A
Review ed by ( ) � N/A
2
Atiks DUKE SECTION NO.VII
ORIGINAL SHEET NO.
've ENERGY.
Page 1 of 4
UTILITY REIMBURSEMENT AGREEMENT
(City of Ocoee)
THIS AGREEMENT, made and effective this , 2018, is by and between Duke Energy Florida,
LLC., a Florida Limited Liability Company d/b/a Duke Energy (hereinafter referred to as "DEF"), and City of
Ocoee,in Florida(hereinafter referred to as"the Local Government").
WITNESSETH:
WHEREAS,as a Florida public utility, DEF has the right under Florida law to construct,operate and maintain
its utility facilities upon Florida public road right of way including but not limited to,NBluford Ave,S Bluford Ave
and E Washington St in Orange County,City of Ocoee,Florida;and
WHEREAS, DEF has constructed and now operates and maintains certain overhead electric distribution line
facilities near, upon, along, within and/or adjoining N Bluford Ave, S Bluford Av and E Washington St, all of
which are more particularly depicted or described on the attached Exhibit"A"(hereinafter referred to as"the Utility
Facilities");and
WHEREAS, the Local Government is requesting DEF to convert the overhead Utility Facilities to
underground("UGC Work"); and
WHEREAS, simultaneous with execution of this Utility Reimbursement Agreement, DEF and Local
Government have agreed to perform such underground UGC Work.
WHEREAS,the DEF requires, among other things,that Local Government secure certain property rights for
the UGC Work and,
WHEREAS,the UGC Work will require the placement of a portion of DEF's electric distribution line facilities
underground within N Bluford Ave, S Bluford Ave and E Washington St public right of way("Underground Right-
of-Way Utilities");and
WHEREAS, as consideration for DEF relocating the Utility Facilities, Local Government hereby agrees to
pay the costs of any future relocation of Underground Right of Way Utilities if required by any governmental
agency in accordance with this Reimbursement Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises from, to and between DEF and the
Local Government, hereinafter contained, DEF and the Local Government do hereby agree to and with each other,
as follows:
ISSUED BY: Lori Cross,Manager, Regulatory Services-Florida
EFFECTIVE:
DUKE SECTION NO.VII
� ORIGINAL SHEET NO.
`IAC ENERGY.
Page 2 of 4
Recitals. The Parties agree that the above recitals are true and correct and are incorporated into this
Agreement.
UGC Work.
A. Local bovernment shall acquire easements needed by DEF to perform the UGC work.
B. DEF will relocate the Utility Facilities as depicted in Exhibit A.
C. Local government shall pay DEF for the cost of performing the UGC work.
Future Relocation Work.
A. As consideration for DEF relocating the Utility Facilities, Local Government hereby
agrees to pay (1) final invoice for the UGC Work to be provided by DEF and (2) for any and all future relocation
costs and expenses incurred by DEF to the extent such Utility Facilities need to be relocated due to any local, state,
or federal road or highway project or for any other work or project of the Local Government or other governmental
agency or third party entity which interferes with the Utility Facilities ("Future Relocation Work"). Provided
however, the Local Government shall not be required to reimburse DEF for future Relocation Work to the extent
DEF is to receive reimbursement for the same from the State of Florida Department of Transportation or other third
party pursuant to general law,contract or otherwise.Thus, in no event shall DEF be entitled to a double recovery for
reimbursement of Future Relocation Work costs. The Local Government shall reimburse DEF for the costs incurred
by DEF to perform any Future Relocation Work within thirty(30) days of receipt of an invoice from DEF for such
Future Relocation Work. Said statement shall include supporting documentation to substantiate the invoice. DEF
shall have the right to submit such statements for progress payments as the Work proceeds and such statements shall
be paid within thirty(30)days of receipt.
B. DEF shall not start the UGC Work or any Future Relocation Work until all conditions
below have been satisfied by Local Government, including but not limited to the following: (a) written notice has
been given to DEF by the Local Government that(i)the Future Relocation Work has been authorized and funds are
available to reimburse DEF, and(ii) all necessary public road right of way and easement areas have been acquired
for the Future Relocation Work and all obstructions or obstacles have been removed(clean,cleared and ready to go)
and all utility locates have been performed, (b)the Local Government has denoted the public road right of way line
in the area of the Future Relocation Work, by staked survey at not more than 100 foot intervals with station
ISSUED BY: Lori Cross,Manager,Regulatory Services-Florida
EFFECTIVE:
I IN DUKE SECTION NO.VII
ORIGINAL SHEET NO.
ENERGY.
Page 3 of 4
markings, (c)the Local Government has trimmed/removed all vegetation away from the public road right of way in
the area of the Future Relocation Work,as reasonably determined by DEF.
ISSUED BY: Lori Cross,Manager,Regulatory Services-Florida
EFFECTIVE:
a jl DUKE ORIGINAL SHEET OECTION NO.VII
ENERGY.
Page 4 of 4
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by through their
duly authorized representatives,effective the date first above written.
DUKE ENERGY FLORIDA,LLC.
(Signature)
(Name,Printed or Typed)
(Position)
CITY OF OCOEE, FLORIDA
By:
Printed Name:
Printed Title:
Dated:
By:
Printed Name:
Printed Title:
Dated:
By:
Printed Name:
Printed Title:
Dated:
Attest:
Treasurer
ISSUED BY: Lori Cross,Manager, Regulatory Services-Florida
EFFECTIVE:
CITY OF OCOEE SIGNATURE PAGE
Duke Energy Florida, LLC., and City of Ocoee, Florida
Utility Reimbursement Agreement for
N Bluford Ave, S Bluford Ave and E Washington St.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA,
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
s :r
Silver Star R-034S ----
Ft 438
----_l_ IY
438 Silver Stat Road — Ft 418
V
I
'i
ot i c I _
a,
.). .
0_ I 0
F i ll ormy1ev_4-1----street
11 3, i I
? eL7
i ----- -1-14-*
EXHIBIT A 11(__I , I , _
1 of 2 iI
a
Utility Facilities
,
1
N Bluford Ave and S Bluford Ave Route 0,11-, Recreation
and Human
Resources '
1
,
,
, . NORTH
Felknystl $
Ip t I
Bible Opkth
Tv ,.. emennweinwommokkgpomount000mt 11/81
P _
Oakland venue ri Oakland Avenue I Oakland Avenue
.). c 1 —
Ii I c,
...e..
,- la
0, ../ j •••
i 1
r--.... ....- -
0, a,
__ ...._
3t FF77-1 I I !
1 ,........ 19 \
, i \
... r--- ,' ,„ En , 1 i H 1.
., _ _ %. a.. .
___
McKey Street )( McKey Street g McKey Street 6; McKey Street
I I 11, -e f------ ---,___-- I . ,
.
IE..
I
I g
=
c e
i ro
I I M .nolo Street ee%
ts
Magnol,a S ,_ ..e•,3
a ---1 - ,
1
, __,..t1• 0,
, i , 0,..
IL i 1 III L 1
t 1 , c?...
,
Roral Street Floral Street I/ i
i 111 orGod
_ of PrIptt 1 •
_ 1 -
1
oee
A—1 ' -1 r Lafayette Street
I
StIN!ti!e-i j C c t
II 1 1 Magnolia Street Magnolia Stt` ��sh
H t ' �( 0 1
_t t �o I
K Floral Street Floral Street Church 1 1 P
i
II -11 —I 1 17 I o�God , l.
1 t I of Prophecy-
i
_
11t l
' 1_.__ -j1 EXHIBIT A
1,, ____ —
2of2
- ---- 1
0,10 Sireet -tt
'o Street
I 1 Utility Facilities
- I N Bluford Ave and S Bluford Ave Route
3
-- 3: _ r
1 11.111�_t 1
Lii.
A I Ocoee ftp- .. .w
l i I Rho&
44I rt-.m.. _ ( Delaware Street Delaw4re Street �(
I I
_?I 4� �� -. ! NORTH
4 3 •
I t ME a — 7th Street-•
1 _ m
E
1 E. `t
1 ; 7 +
I mpa am am MO WM NM Si MD i
C .Y
t _J
1 _— , 0 Orlando Avenue
V X ll—t \ -1 - ^,7_.-1 i! .i _ f 1 r T 14 1 1 1 1 1, 1