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Home My WebLink AboutPACKET Light and Power 1999-07-08TOWN OF ESTES PARK Light and Power Committee AGENDA July 8, 1999 8:00 a.m., Board Room 1. Fall River Hydro Restoration Planning Study Final Report Â° Gary Long Â° Chuck DeVore 2. Estes Substation Feeder Relocation Project Â° Authorization to Bid Installation of Trench and Conduit System 3. Wiest Drive Parking Lot Underground Â° Approve Change Order Request 4. Big Thompson Three Phase Conversion Â° Recommendation not to Bid Construction Contract 5. Reports A. Platte River Power Authority B. Financial Report C. Project Updates D. Proposed Sale of Intermountain CableComm Facilities In Estes Park-Discussion NOTE: The Light and Power Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. REM Prepared 7/5/1999 Revised 7/6/1999 i TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke72 7-4- Date: July 7, 1999 Re: Estes Substation Feeder Relocation Project Authorization to Bid Trench and Conduit Installation Contract BACKGROUND: The Estes Park Light and Power Department in conjunction with Platte River Power Authority is in the process of replacing the existing Estes Substation near the Chamber of Commerce with a new substation near the Estes Power Plant Switchyard and the new fire station. This project requires the reconnection ofthe four circuits presently fed by the existing station to the new station. The new circuits will extend south from the new station to Highway 36, then west past the Highway 7 intersection. The circuits will then bend north generally along the bike path to the Big Thomson River. Two circuits will continue along the south side ofthe river toward the Highway 34 and 36 intersection and two circuits will cross the river and extend north along the east boundary of the Town's property to Highway 34. BUDGET/COST: The Light and Power Department requested $300,000 in the 1999 budget for construction ofthis project. This project is also included in the Light and Power Revenue Bonds Reimbursement Resolution (#11-98) approved by the Town Board in August 1998. RECOMMENDATION: The Light and Power Department requests authorization to bid the installation ofthe trench and conduit system for this project and recommend a contractor as early as the August meeting. REM 2-1 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke-72-2'7*. Date: July 7, 1999 Re: Wiest Drive Parking Lot Underground Approve Change Order Request BACKGROUND: The Wiest Drive Parking Lot trenching contract was awarded to Drake Contractors, Inc. in September of 1998 at a cost of $27,000. During construction of the project, a portion of the conduit was rerouted in Moraine Avenue at the request ofthe Estes Park Sanitation District to avoid a conflict with an existing sewer line. The contractor performed this additional work at the Light and Power Department's request. BUDGET/COST: The Light and Power Department has received a change order request from Drake Contractors for $4,000. RECOMMENDATION: The Light and Power Department recommends approval of the change order request from Drake Contractors, Inc. for $4,000. REM 3-1 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke--72271'- I)ate: July 7, 1999 Re: Big Thompson Three Phase Conversion Recommendation not to bid Construction Contract BACKGROUND: The Big Thompson Three Phase Conversion project was recommended to be completed in two phases in the Long Range Plan prepared by Electrical Systems Consultants (ESC). Phase I was planned for construction in 1999 and Phase II was anticipated in 2003. In April 1999, the Town Board authorized the department to hire ESC to perform the engineering and line design for both phases ofthe project at an estimated cost of $50,250. The engineering ofthe project is substantially complete and we have received a revised estimate from ESC of $254,239 for construction ofPhase I and $114,437 for construction ofPhase II. ESC has also recommended that the phases be bid and constructed as a whole package to minimize start up costs for Phase II. BUDGET/COST: The Light and Power Department requested $200,333 in the 1999 budget for construction of Phase I ofthe Big Thompson Three Phase Conversion Project. Ofthat amount, $50,250 has already been committed for funding ofthe engineering and line design. At this point, there are no projects in the 1999 budget that can be cancelled or delayed to allow funding for the Big Thompson Three Phase Conversion. RECOMMENDATION: The Light and Power Department recommends that the Big Thompson Three Phase Conversion Project not be bid at this time and that it be considered for funding in the 2000 budget or later. REM 4-1 &*$%Â§68*9**SMSSSS*BRka*299*kk***kaakkt:*$***Si Mk~*kkmkak*29**6SSS*$6*ekkBS:*RS**8866$6SMiSS***999& ~ ...................... t**$9369%8$SBRRBSS%86:RRR*$89**%86$68*%%%%*kkk*36*699% g .............................................. 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Loadh99 7/6/99 01997 966 L fl Â· Â· Â· Â· 000'000'09 666 1 m 000 AoN 100 das unr XeVV Jdv ENERGY PURCHASES YEAR TO DATE 1999 YTD VS 1998 *-89 39Vd 120,000,000 - -- - 000'000'02 80,000,000 - 100,000,000 000'000'04 .................. .. ......... .............. .................. ................................. ....................... .................. .................. ............................................. .................. ............................ ......... ~%%8*%8%83*93***99%82%8339% ~ Its*S.R. .................. ......... .................. ......... .................. ................................ te'Â§%?4 NS**4*%8*S**S***:mft# 8 ............................ .................. .................. ........... .................. ........................................... Armrger,FTIFIFMTM~QTKN ......................... ........................... ........................... .................. ......... .................. 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Salehist 7/6/99 01997 966 k 0 000'099 666 K m ODa des qad ESTES PAR IG POWER DEPARTMENT LES BY MONTH 9-89 39Vd , - 00070Â£ 800 000 - 750,000 - 700,000 650,000 600,000 - 000'009 000'09* 000'004 000'09Â£ GP-7%(Revised 9%) UNITED STATES Contract Number 9-LM-60-L4650 DEPARTMENT OF THE INTERIOR Exhibits Attached: A&8 (Place Contract No. on all Exhibits) 3 42& 9 GREAT PLAINS REGION Term: (Not to Exceed 50 Years) From: ADMI 1999 COLORADO-BIG THOMPSON To: March , 2049 (ProjecUUnit) Permit Fee: Snorle Land Use Fee Waived SPECIAL USE PERMIT Successive Fee: $ IAW 43 CFR Part 429.6 Permittee: (Name and Address) Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 PUrpOSe: (Specify use requested: what quantities, dimensions, etc.) This permit authorizes the permittee to use an area approximately 120 feet by 100 feet in and adjacent to the northeast corner of the Estes powerplant switchyard for the relocation of a small switchyard now located on Hwy 36 at the location shown on Exhibit 1. Lands that will be made available the Estes are shown on Exhibit 2. Lands proposed for use were acquired as part of the Colorado-Big Thompson Project and Lake Estes. This permit also authorizes the placement and maintenance of underground electric cables as shown on Exhibit A. The underground cables will connect with cables adjacent to Hwy 36. Description of Premises: (Specify legal descriptions of land andl major features such as reservoir, canal, etc.) Properties to be used are those lands in and adjacent to the northeast corner of the Lake Estes power plant switchyard as shown on Exhibit 1 and totaling approximately 0.35 acres. Special Conditions: (The permittee must consult with and rece,ve written approval from the issuing officer for any species of plants proposed for planting.) 1. No trees will be removed unless they are within the footprint of the work to be accomplished under this permit or as specifically approved by Reclamation. 2. Construction of the switchyard may not begin until the final plans are approved by Reclamation. Plans will include appropriate oil collection facilities to assure no off site contamination in the event of a transformer failure. 3. Estes agrees to plant two (2) trees for each tree that is removed and not transplanted to another location. Existing trees are shown on Exhibit B. Replacement trees will be no less than 10 feet in height from the groundline to the top of the tree at the time of planting and will be planted in locations agreed to by Reclamation, the Estes Valley Recreation and Parks District and Estes. Estes will coordinate with the Estes Valley Recreation and Parks District (Parks District) to assure that if any of the existing trees can be relocated, the Parks District has sufficient time to relocate the trees. Planted trees will be watered at least weekly during the first full growing season to assure success. If any of the replacement trees are not still alive at the beginning of the 2nd growing season after they are planted they will be replaced and maintained as described above. The growing season is considered to be from April 15 to October 15. 4. Estes agrees to relocate the existing trail to an alignments as agreed to by Reclamation, the Parks District and Estes. The new trail will be in place and functional prior to the existing trail being removed. The Permittee hereby accepts this permit subject to the terms. covenants, obligations, and reservations, expressed or implied herein. Sign name or names as written in body of permit, for co-partnership, permittees should sign as "members of firm", for corporatjon, the officer authonzed to execute contracts, etc. should sign, with title the sufficiency of such signature being attested by the Secretary, with corporate seal, in lieu of witness. ASSIGN/MANAGING AGENCY PERMITTEE AGENCY SIGNATURE SIGNATURE TITLE TITLE SIGNATURE ' ATrEST ATTEST DATE DATE J Special Condjuons (cont) Special Use Permit 0-111-60-1,ISM (eont) 5. All disturbed areas outside the new switchyard will be reseeded and replanted with a seed mixture that is consistent with existing herbaceous vegetation in the area. Seeding will be by hydromulching in April or May of the first growing season after construction of the switchyard. Seeding done at any other time requires the permission of Reclamation. 6. Any roadways that are disturbed by the proposed work will be repaired to the satisfaction of Reclamation. 7. Design and construction of the switchyard will include oil containment and fire protection in accordance with the Institute of Electrical and Electronic Engineers (IEEE) Guidefbr Containment and Control of Oil Spills in Substations (IEEE Std 980-1994), the IEEE Guidefro Subsmtion Fire Protection (IEEE Std 979-1994) and any applicable Federal regulation related to the prevention of oil spills including but not limited to 40 CFR Ch. 1., Sections 110 and 112, the Resource Conservation and Recovery Act of 1976, related to the management of hazardous wastes, and the Toxic Substances Control Act of 1976 related to the management of toxic substances including the production, use and distribution of chemical substances. 8. Estes will provide Reclamation with a surveyed metes and bounds description of the area to be occupied by the new switchyard, gravel access road, cable vaults, and underground feeder circuits to Hwy 36 as shown on Exhibit A. When accepted by Reclamation the description will become a part of this permit. .. .. Special Use Permit 9-1,W-60-1~1660 GENERAL CONDITIONS Authority to issue permits by the Unites States is contained in the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereto or supplementary thereto; particularly section 10 of the Act of August 4, 1939 (53 Stat. 1196); as amended by the Act of August 18, 1950 (64 Stat. 463; 43 U.S.C. 387); and 43 CFR 429. This permit is issued as authorized by Reclamation Law, and subject to all conditions contained herein. 1. Payments. All payments shall be made to the issuing office of the permit's terms, conditions, or requirements. U.S. Bureau of Reclamation on or before the date of issue by a postal money order or a check made payable to the U.S. Bureau of Reclamation 9. Termination. At the termination of this permit, the Permittee shall (Reclamation). immediately give up possession to Reclamation, reserving, however. the rights specified in Paragraph 10. Upon failure to do so, the Permittee shall pay the 2. Use Limitations. The permitted use: (a) is limited to the purposes and Government, as liquidated damages, an amount double the rate specified in this premises herein specified: (b) does not unless specified in the permit grant any permit for the entire time possession is retained. The acceptance of any fee for rights to water; Â© does not unless provided for in the permit allow restriction of liquidated damages or any other act of administration relating to the continued public entry or uses or to the area; (d) is subject to existing easements, rights- tenancy is not to be considered as an approval of the Permittee's possession. of-way, or reservations; (e) is subject to the right of Reclamation to grant other permits for the same premises upon a finding by the Issuing Officer that the 10. Removal of Permittee's Property. Upon the expiration, termination, or additional use is compatible with the use permitted herein; and (f) shall not revocation of this permit, if all rental charges and damage claims due the impede Reclamation, it' s agents, or assigns from carrying on whatever Government have been paid, the Permittee may remove all structures, activities are necessary, to: (1) protect and maintain the premises, facilities, machinery, or other property from the premises. Upon failure to remove any of and adjacent lands administered by the United States and it's agencies and (2) the said property within 60 days of expiration, termination, or revocation, it shall manage all resources located on the premises and other Reclamation lands. become the property of the United States and the Permittee shall pay the United States for all expenses related to property removal. 3. Damages. The United States shall not be responsible for any loss or damage to property arising from the issuance of this permit, including but not 11. Transfer of Privileges. This permit is not transferable. limited to damages to growing crops, animals, and machinery: or injury to the Permittee or its associates, officers, agents, employees, or any third parties 12. Refunds. All money paid under this permit shall be retained by the who are on the premises; or for damages or interference caused by natural Government. If Section 6 (b) (2) is exercised, the fee paid under this permit shall phenomena. To the extent permitted by law, the Permittee agrees to save the be refunded by a prorata share as determined by Reclamation. United State or any of its assigns or agencies harmless from any and all claims by the Permittee or by third parties for damages or losses that may arise from 13. Official Barred from Participating. No Member o f Congress or Resident or be incident to any activity associated with this permit except for damages Commissioner shall participate in any part of this contract or to any benefit that caused by the negligent or wrongful act of a Government employee. may arise from it, but this provision shall not pertain to this contract if made with a corporation for its general benefit. 4. Operating Rules and Laws. The Permittee shall keep the premises in a neat and orderly condition at all times and shall comply with all municipal, 14. Nondiscrimination in Employment. The Permittee agrees to be bound by county, State, and Federal laws, rules, and regulations applicable to their the equal opportunity clause of Executive Order 11246. operations under the permit. Also, the Permittee shall take all reasonable precautions to prevent the escape of fires and to suppress fires and shall render 15. Liability. The permitted activities shall be conducted so as not to interfere all reasonable assistance in the suppression of fires. with the operation, maintenance, and administration of Reclamation Projects. Any additional repairs, maintenance, or expense to Reclamation Projects as a 5. Responsibility of Permittee. The Permittee, by 'operating on the premises, result of the permitted activities shall be reimbursed to the United States by the shall be considered to have accepted these premises with all the facilities, Permittee. The Permittee may review such expenses; however, the Secretary of fixtures, or improvements in their existing condition as of the date of this the Interior's determination of such expense shall be final and binding upon the permit. At the end of the period specified or upon earlier termination, the parties hereto. Permittee shall give up the premises in like condition as when received except for reasonable wear, tear, or damage occurring without fault or negligence. 16. Trespass. Any use of the premises not herein prescribed shall be The Permittee will fully repay Reclamation for any and all damage, directly or considered a trespass. Any violation or trespass on any Reclamation tands by the indirectly, resulting from the Permittee's negligence or failure to use reasonable Permittee shall be cause for revocation of this permit, in accordance with Section care. 6. (a). The Permittee shall be liable for any damages resulting therefrom and an approximate charge as determined by the issuing officer shall be made to the 6. Revocation. (a) Violation: This permit may be revoked on the tenth day Permittee. Any property constructed in trespass shall be considered property of following written notice to the Permittee upon a finding by Reclamation that the the United States, and the Permittee shall pay the United States for all expenses Permittee has violated any of the terms herein or made use of the premises for related to property removal. purposes not herein prescribed: Provided; That if said violation or nonprescribed use of the premises ceases within 10 days of receipt of notice, 17. Disclosure. In accordance with the Privacy Act of 1974 (PL 93-579), the Permittee will be allowed to maintain occupancy under this permit. please be advised that: (a) Participation is voluntary; however, failure to answer (b) Nonuse and project purposes: This permit may also be revoked with 30 all questions fully may delay processing of this application or result in denial of days written notice to the Permittee upon a finding by Reclamation that: (1) this permit; (b) information will be used as a criteria for the issuance of special the Permittee has failed to use or discontinued use of the premises, or (2) the use permits and for identification of personnel having special use permits on premises are needed for project purposes. Reclamation lands; and (c) in the event there is indicated a violation of a statute, (c) Possession: Upon any such revocation, Reclamation, by and through any regulation, rule, order, or license, whether civil, criminal, or regulatory in authorized representative may take possession of said premises for its own and nature, the requested information may be transferred to the appropriate Federal, sole use in accordance with Section 10. State, or local agency charged with investigation or processing such violations. 7. Cultural Values. Should evidence of historical, archaeological, or paleontological sites be discovered during use of the premises, the Permittee immediately shall suspend operations and advise the issuing officer. 8. Compliance. Failure of Reclamation to insist upon strict compliance with any of this permit's terms, conditions, and requirements shall not constitute a waiver or relinquish of Reclamation's right to thereafter enforce any of the .. CONSENT AND APPROVAL OF LOCAL FRANCHISING AUTHORITY TO TRANSFER OF CONTROL OF CATV FRANCHISE WHEREAS, Cable Systems, Inc. ("Grantee") is the present holder of a franchise granted by the City of Estes Park ("Grantof') to own and operate a cable television system in City of Estes Park, as set forth in Ordinance/Resolution No. , dated , 19_ (the "Franchise"), WHEREAS, the stockholder of Grantee has entered into a Purchase Agreement (the "Agreement") with Charter Communications Holding Company, LLC ("Charter"); WHEREAS, the Agreement provides for the sale of the stock of Grantee to Charter; WHEREAS, Grantee and Charter filed an FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor on or about June 28, 1999; WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Charter to own and operate the cable television system in light of the above-referenced FCC Form 394; and WHEREAS, all written comments and staff reports have been received, and made a part of the record; and WHEREAS, following review and investigation, the Grantor has concluded that the Charter has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and/or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE IT RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor consents to the transactions contemplated by the Agreement and further resolves as follows: 1. Grantor consents to the transfer to Charter of control of the Franchise and the cable system serving Grantor effective upon the closing of the transactions contemplated by the Agreement; 2. Grantor confirms that (a) the Franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the j:\Fanch\C:\WINDOWS\TEMP\ESTES PARK.DOC '3 '. Franchise, except as set forth herein; (c) Grantee is materially in compliance with the provisions of the Franchise; and (d) there are no defaults under the Franchise, or events which, with the giving of notice or passage of time or both, would constitute events of default thereunder. 3. Charter may (a) assign or transfer its assets, including the Franchise provided however, that such assignment or transfer is to a parent or subsidiary of Charter or another entity under direct or indirect control of Paul Allen; (b) restructure debt or change the ownership interests among existing equity participants in Charter, and/or its affiliates; (c) pledge or grant a security interest to any lender(s) of Charter's assets, including but not limited to the Franchise, or of interests in Charter, for purposes of securing an indebtedness, without obtaining prior consent of Grantor; (d) sell capital stock of Charter, or any of Charter's affiliate companies, in a transaction commonly known as an "initial public offering" . 4. This Resolution shall take effect immediately. ADOPTED AND APPROVED THIS day of , 1999. CITY OF ESTES PARK By: Name: Title: ATTEST: City Clerk j:\Fanch\C:\WINDOWS\TEMP\ESTES PARK.DOC Cable Systems, Inc. . V June 23,1999 Richard Widmer Town of Estes Park 6EE-i[9-91 P.O. Box 1200 Estes Park, CO 80517 Re: Transfer of Cable Television Franchise, FCC Form 394 Dear Mr. Widmer: The stockholder of Cable Systems, Inc. ("CSI") has entered into a contract to transfer the stock of CSI, and therefore control of the cable televison system and franchise serving your community to Charter Communications Holding Company, LLC ("CHC-LLC"). Atthis time, CSI and CHC-LLCI respectfully request yourconsent to an assignmentof the cable franchise from Mark Twain to CHC-LLC. Enclosed please find a completed FCC Form 394 - Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise, along with a model transfer resolution and all required exhibits and documentation. Charter Communications, A Wired World Company ("Chartef'), now majority owned by Microsoft co- founder Paul Allen, is dedicated to superior customer ser'vice and the fulfillment of the "wired world" strategy. That strategy is marked by the combination of compelling content, personal computing and high bandwidth data channels. With this strategy, Charter believes it is uniquely positioned to deliver video, as well as, advanced-data and transactional services to the consumers in your community. This FCC Form 394 is being submitted pursuant to 47 C.F.R. Â§76.502. Further, FCC regulations also provide the standard of review upon which the franchising authority is to judge the request for assignment. In considering this application, it is important to understand that the standard of review for a franchise transfer is different from the standards used to renew a franchise. The substantive issues to be reviewed in the transfer process involve only whether-Or not the transferee possesses the legal, technical and financial qualifications to operate the franchise. While the request for transfer is deemed granted if not acted upon within 120 days of its submission, the parties hope tocomplete the transaction as soon as possible. Additionally, although the franchising authority may make request(s) for additional information, these requests would not toll the 120 day period. It is our desire to work closely with the you to expedite the assignment and are available to discuss Charter's qualifications and the specifics of the transaction. We look forward to continuing to serve the cable needs of the the community and we believe that we and CCH-LLC have provided you sufficient information to enable you to make a speedy determination on this application for assignment. We envision that the process can easily be completed within the allotted time frame. If you have any questions concerning Charter relating to the proposed transfers, please feel free to contact eitherthe undersigned or M. Celeste Vossmeyer, Vice President - Government Relations at 314-543-2410. Very truly yours, Cable Systems, Inc. -Xy 06' 7 1 Jeffrey D. Elberson Executive Vice President G:\WPWIN\docs\Imt\FANCH\HugeSale\cover letters\Mergedletterg 1..