HomeMy WebLinkAboutAgenda - 08-19-2008- 4ddORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 19, 2008
Action Age da
Item No. __
SUBJECT: Solid Waste Operations Facility Site Lighting Utilities Right of Way Agreement
with Duke Energy
DEPARTMENT: Purchasing PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
ROW Agreement Pam Jones, 919-245-2652
Service Agreement for Leased Street and
Public Lighting
PURPOSE: To consider:
1) Approving a Right of Way Agreement for the installation and maintenance of electrical
site lighting utilities built to service the Orange County Solid Waste Operations Facility;
and
2) Approving the Service Agreement between Duke Energy and Orange County for Leased
Site Lighting for the Orange County Solid Waste Operations Facility.
BACKGROUND: The County proposes to lease site lighting for the new Solid Waste
Operations Center being constructed on Eubanks Road. Leasing places the responsibility for
purchase and maintenance of the site lights on Duke Power and allows the County to avoid the
purchase or rental of equipment that would be necessary for County staff to perform the
maintenance. Operation of the lights, including the cost of power is included in the monthly
rental fee. The attached Service Agreement for Leased Street and Public Lighting will remain in
effect for a period of ten years.
The requested dedication of Right of Way is necessary for Duke Energy to properly service the
utilities installed for the facility. The Right of Way will require no tree removal.
FINANCIAL IMPACT: The leased lighting agreement stipulates a $208.11 monthly charge for
the lighting services. Lease costs will be paid as a utility expense and are budgeted in funds
appropriated in 2008-2009 for Solid Waste operations.
RECOMMENDATION(S): The Manager recommends that the Board approve the Service
Agreement for Leased Street and Public Lighting and the Right of Way Agreement with Duke
Energy, contingent on review and approval of the County Attorney; and authorize the Chair to
sign on behalf of the Board.
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0~ Cagy Soli d
WR No. Resp. Project 5~te ~ Return Address: Duke Energy Carolinas
Drawn By. J. Stevsr X11 Attn: J Steven Snell
Project Description: 1 7 nl,anlca~~r,arl (}~1_ 1Fi1],, IVC 2751_6 '
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STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, That Orange Caaatty
hereinafter caned "Grantor" (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations, does hereby grant unto DUKE ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and
divisions, hereinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor
{hereinafter "premises") situated in said County and State, property described as:
nin# 9870467543
and over and across said premises within aright-of-way strip (check applicable):
^ having a width of 15 feet oa each side of a centerline determined by the centerline of the electrical facilities and/or the
lighting facilities, as installed, to construct, maintain and operate with poles, lighting fixtures, crossarms, wires, guys, anchors,
cables, hansformers and other apparatus and appliances, overhead lirsrs for the purpose of transporting electricity and/or providing
lighting services and for the communications purposes of the Grantee and regulated telephone utilities and other
telecommunications services. The following rights are also granted to Grantee: to enter said premises to inspect said lines,
equipment and facilities, to perform maintenance and repairs, and to make alterations and additions thereto, to remove from the
right-of--way strip, now or at nay time in the future, trees, structures or other obstructions that may endanger the proper
maintenance and operation of said lines or other facilities or equipment and trees of any species that Grantee determines will grow
at maturity to a height that will endanger the proper maintenance and operation of said lines or other facilities or equipment ; to
trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of the right-of-way strip
which, in the opinion of the Grantee, might interfere with or fall upon the electric, lighting, telecommunications or other
communications facilities within the right-of--way strip; and to install guy wires and anchors extending beyond the limits of the
right-of--way strip.
® having a width of 10 feet on each side of a centerline determined by the centerline of the electrical facilities and/or the
lighting facilities, as installed, to construct, maintain and operate underground lines and conduits with other apparatus and
appliances, either above ground or below ground, to include transformers and service connections, for the purpose of transporting
electricity, providing lighting services and for the communications and telecommunications purposes of Grantee and its licensees.
The following rights are also granted to Grantee: to arter said premises to inspect said lines, equipment and facilities, to perform
maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right-of--way strip and to
keep it clear of trees, structures or other obstructions; and to clear that land outside the right-of-way strip within ten feet. of the
service door of any transformer or cabinet located within the right-of--way strip and to keep the area within ten feet of said door
clear of trees, structures or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, its
successors and assigns, harmless for replacement and/or repair of paving, landscaping and fences as a result of future system
maintenance and repair. All underground facilities are to be installed in accordance with the provisions of Grantee's Underground
Distribution Installment Plan., NCUC Docket E-7, Sub 828, receipt of a copy of which is acknowledged by Grantor.
This right-of-way is given to permit the construction or modification of facilities presently proposed. Facilities at other locations
and future extensions of presently constructed facilities are not permitted by this agreement The foregoing notwithstanding,
Grantee may relocate its facilities and right-of-way strip over the premises to conform to any future highway or street relocation,
widening or improvement.
IN WITI~'ESS WIIEREOF, this instrument is executed on this day of
GRANTOR
( Co~artp l~iame }
By.
(Signature of Signatory}
Name:
(Name of Signatory)
Title:
(Position~tle)
STATE OF NORTH CAROLINA, COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the
foregoing document:
Date:
My Commission Expires
Notary Public
Affix (Notary or Corporation) Seal
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Page 1 of 3
ACCOUNT ORANGE COUNTY
NAME
SERVICE 1207 EUBANKS ROAD
ADDRESS CHAPEL HILL, NC
ACCOUNT
NUMBER
Duke Energy Carolinas LLC
NC Service Agreement -Street 8 Pubiic Lighting
Duke Energy Corporation - Ebctronk; Form Repository
Electric Dblribudon form for North Caroline Only
Customer Name ~ ORANGE COUNTY Pro)ect Name ORONGE COUNTY SOLID WASTE ° Duke Energy Carolinas LLC
OPERATIONS CENTER Date
3arvrc. Address ~ 1207 EUBANKS. ROAD. CHAPEL HILL, NC TOTAL MONTHLY CHARGES $208,11
Mailing Address ~ PO BOX 17177, CHAPEL HILL, NORTH CAROLINA 27518 One Time Payment (Incl. tax) $0.00
SsrvicsRequsatedby ~ DAVIDHOOKWAY Title PROJECT MGR- Phone 919-888.5300 's'~m'~~~~~""~~~~+~•
(CONTRACT}
This agreement. when signed DY the Customer and by m eulhorized representettve of Duks Energy Carolinas LLC ("Duke"), will be a contrail under which Duke egroa to famish the outdoor IlghNnq seMoe Indlatsd below ro the Customer and the
Customer sprees to pay for fhe service In accordance with the terms of Bata Schedule PL and Duke's 3eMce Ragutadona on qls with ihs Nonh Carolina Pubec Service Commission, and on flls in Duke's oflicee, (A9 THE RATE SCHEDULE AND SERVICE
REGULATIONS MAY BE MODIFIED FROM TIME TO TIME) which Rate Schedule and Servkx Regulations era hereby Mcorporaud as part of ads agreement.
Duke will provide the outdoor NghHng eeMCe Indicated blow, but ff the seMce Is wholly or partlaly Interrupted ar auepended ar (ilia because lamps bum out or ere broken, bseeuse d any ceun beyond Duke's reasonable control ar because Duke
needs to suspend the aeMw far the purpeas o} Inepeeting or making regain or slteretfona b its Ilea or other equipment, then Duka shell not bs obligated to provide the service duAng any each Interruption, suspension or (allure, and Duke shall nil be liable
fm any damage or bas reaulllnq therslrom. Duke will replace burned scat lamps and othenvbe malMeln the facture duAnp nsquler deytimeworklnq hours es aocn es prectlcel feAowlrp notllkelbn by the Customer of such problems.
b ie further agreed that Duke roservW the right to diacondnus seMce end remove the tbctures from the Cuetomer+a premises M the Cuslamer vidatea any of the farms of the 9ervks Regulators, Rate Schedue or this Agreement. Tha Intld hrm of this
AgreemerA shell ba 10 years. and theroafler It shall oorrtlnue undl terminated by althw party giNng 30 days' wntlen notlu to tlw other party. IN THE EVENT OF TERMINATION DURING THE INRUIL TERM OF THIS AGREEMENT, THE CUSTOMER
AGREES TO PAY DUKE 40%OF THE TOTAL MONTHLY CHARGE FOR THE NUMBER OF MONTHS REMAINING IN THE INITIAL TERM.
Customer Signature X
5pedal Instructions
THESE LIGHTS ARE LOCATED IN THE PARKING LOT OF THE THE NEW SOLID WASTE OP CTR (4 DOUBLES) AND (1-
SINGLE)
Date Slyned
Work Request 1480937
Number 20060808875123
SAID
Additional Monthl Char es
Rate Por Mo. Per Unit # of Unks Monthl Char e
For each luminalro in excess of one mounted on the same pole -credit of
$-1.78 4 -7.12
Outsldo Municigality
all types $1.78
Inside Municipality
Traffic Support only $1.78
Not for Traiflc Su rt $0.00
Additional Monthl Char es for Under round Conductors
Service feat per pole from underground system (0-100 feet)
Totat UG Conductor served from UG: 290 (In feet}
0.35 x 5 lee = 1.75
Additional Monthly Charge for Underground conductor $.07 for each Increment of 10 fast or Isas, over 200 service feet from pole
10' Increments over 200' per pole ~ 0 x .07
0.00 x 5 lea = 0.00
Subtotal: $-5.37
Other Char es
Spedai Instructions:
THESE LIGHTS ARE LOCATED IN THE PARKING LOT OF THE THE NEW SOLID WASTE OP CTR
~\
http://www.nwa05.duke-energy.corn/approval/edlighting.nsf/PrintVersion/9f2926905d38bd588525749d0042a30a 8/6/2008
Page 2 of 3
(4 DOUBLES) AND {1-SINGLE)
Addltlonal One Time Payment Total Amount:
$0.00
Page 3 of 3
Decorative Luminaires
Luminalre #1
Descri Uon: Bronze Shoebox 400W MH Sin le 25' S le A Direct Buried -Outside
Pa ent O t: Added to Monthl Cha e
# Units 1 Tlme Char a Monthl Cha e
DeooraUve 14.58 1
adder: 0.00 14.58
Luminalre Descrl Non: 400 watt 40 OOO lumen Metal Halide lam urban
ExisUn Pole 0.00 0 0.00
New Pole w/ 14.50 1
UG .14.50
Total 0.00 29.08
Luminalre #2
Descri Uon: Bronze Shoebox 400W MH Double 25' S e A Direct Buried -Outside
Pa ent O t: Added to Monthl Cha e
# Units 1 Time Char a Monthl Char e
Decorative 17,10 4
adder: 0.00 88.40
Luminalre Descrl Uon, 400 wa 40 OOO lumen Metal Halide lam urban
ExisUn Pofe 14.50 4 58.00
New Pole w/ 14.50 4
UG 58.00
Total 0.00 184.40
Are any old fadliNes to be removed4 No