HomeMy WebLinkAboutReso 2016-2538 RESOLUTION NO. 2016-2,5538
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING (1) GOVERNMENTAL
ADJUSTMENT FACTOR WAIVER AGREEMENT (2) APPLICANT
INSTALLED FACILITIES AGREEMENT AND (3) CITY/COUNTY
RIGHT OF WAY AGREEMENT FOR UNDERGROUND
CONVERSIONS BETWEEN THE CITY OF SUNNY ISLES BEACH AND
FLORIDA POWER AND LIGHT ("FPL") IN THE AMOUNT NOT TO
EXCEED SIX HUNDRED FIFTY TWO THOUSAND FIVE HUNDRED
SEVENTY EIGHT DOLLARS ($652,578.00) FOR THE FIRST
CONSTSRUCTION PHASE IN SUBSTANTIALLY THE SAME FORM
ATTACHED HERETO AS EXHIBITS "A", "B" AND "C";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENTS; AUTHORIZING THE CITY ATTORNEY AND THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is in the process of
undergrounding the utility lines on Collins Avenue; and
WHEREAS, the City has requested that Florida Power and Light ("FPL") convert certain
overhead electric distribution lines located on Collins Avenue; and
WHEREAS, the City has agreed to pay FPL the cost of such conversion as required by
FPL's electric tariff and Section 25-6.115 of the Florida Administrative Code and to enter into
separate Underground Facilities Conversion Agreements with FPL.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Underground Facilities Conversion Agreements. The City
Commission hereby approves (1) Governmental Adjustment Factor Waiver Agreement, (2)
Applicant-Installed Facilities Agreement and (3) City/County Right of Way Agreement for
Underground Conversions with Florida Power and Light ("FPL), in the amount not to exceed Six
Hundred Fifty Two Thousand Five Hundred Seventy Eight Dollars ($652,578.00) for the First
Construction Phase in substantially the same form attached hereto as Exhibits "A", "B" and "C".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
(1) Governmental Adjustment Factor Waiver Agreement, (2) Applicant-Installed Facilities
Agreement and (3) City/County Right of Way Agreement for Underground Conversions with
Florida Power and Light ("FPL) with Florida Power and Light in the amount not to exceed Six
Hundred Fifty Two Thousand Five Hundred Seventy Eight Dollars ($652,578.00) for the First
Construction Phase in substantially the same form attached hereto as Exhibit "A", "B" and "C".
Approving Three(3)Underground Facilities Conversion Agreement 1 of 2
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of March 2016. 4011P
George H choll, Mayor
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ATTEST:
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Jane,A. Ines:-MMC, City Clerk,
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APPROVED-AS TO FORM
AND :G: .UFFICIENCY:
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'r;ns T inot, City Attorney
Moved by: p� L il1If
Seconded by: V l C,t vG '"l TU
Vote —(),
Mayor Scholl /'(Yes) (No)
Vice Mayor Gatto ,/(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman %(Yes) (No)
Commissioner Levin V (Yes) (No)
Approving Three(3)Underground Facilities Conversion Agreement 2 of 2
Eighth Revised Sheet No.9.725
FLORIDA POWER&LIGHT COMPANY Cancels Seventh Revised Sheet No.9.725
• i
UNDERGROUND FACILITIES CONVERSION AGREEMENT—
GOVERNMENTAL ADJUSTMENT FACTOR WAIVER This Agreement is made and entered into this day of , 20 , by and between
CITY OF SUNNY ISLES BEACH ("Local Government Applicant"), a Florida municipal corporation or county with an
address of 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 and FLORIDA POWER & LIGHT COMPANY
("FPL"),a Florida corporation with an address of P.O.Box 14000,700 Universe Boulevard,Juno Beach,FL 33408-0429.
WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities
located within the following boundaries(the"Conversion"): Along Collins Ave.from the southern City limit at Haulover Park to
Sunny Isles Blvd.;and from along Sunny Isles Blvd.from just east of Collins Ave.to approximately 500 feet west. (collectively,
the"Existing Overhead Facilities", WR# 4982022) to underground facilities, including transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively,the"Underground Facilities",WR#
4982016).
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and
agree as follbws: -
1. Governmental Adjustment Factor Waiver ("GAF Waiver")Eligibility Criteria. The Local Government Applicant
represents and warrants that it meets the following eligibility criteria for the Conversion:
a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closely proximate geographic areas(the"Conversion Area"). The
Conversion may be completed in mutually agreed upon phases, with the project size minimums applying to the
aggregate project — provided that any necessary subsequent phase begins within a 1 year period from
• completion of the prior phase and the minimums are met within,at most,3 phases;and
b. The Local Government Applicant must require all customers within the Conversion Area who currently have
overhead service directly from the Existing Overhead Facilities to convert their service entrances to
underground within 6 months of completion of the Underground Facilities installation or each phase thereof;
and
c. The Local Government Applicant must be willing and able to execute a right of way("ROW")agreement with
FPL if the Local Government Applicant requests that facilities be placed in the ROW;and
d. For any affected laterals,the complete lateral must be converted,including all stages of any multi-stage lateral;
and •
e. The Local Government Applicant must demonstrate to the reasonable satisfaction of FPL that the-sum-of-the
GAF Waiver credit plus any federal or state funds that the Local Government Applicant is able to use to support
the Conversion does not exceed the otherwise applicable CIAC as calculated before application of the GAF
Waiver.
Special Circumstances. Conversions which do not meet the project size minimums described in section l.a are
eligible for the GAF Waiver in the following special circumstances:
i. 100%of the Existing Overhead Facilities within the Local Government Applicant's corporate limits
are to be converted,but are less than the pole line mileage or dwelling unit minimums;or
ii. A single lateral that serves at least one Critical Infrastructure Facility as determined by the
appropriate local agency with the mutual agreement of FPL;or
iii. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or
(Continued on Sheet No.9.726)
i
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: April 6,2010
Fifth Revised Sheet No.9.726
FLORIDA POWER&LIGHT COMPANY Cancels Fourth Revised Sheet No.9.726
(Continued from Sheet No.9.725)
iv. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but,
for mutually-agreed engineering or logistical-reasons, those phases are non-contiguous;provided that
(a)the next (4th)phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4th phase begins within 1 year from
completion of the 3rd phase.
2. Contribution-in-Aid-of-Construction (CIAC). The Local Government Applicant shall pay FPL a CIAC as
required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the Otherwise
Applicable CIAC amount reduced by the GAF Waiver.
i. Otherwise Applicable CIAC 8_652,578
ii. GAF Waiver $_199,533
iii. CIAC Due $ 453,045 (Cust.Performs Some Work-C&C)
In the event the actual cost of the Conversion exceeds the estimate, the Othenvise Applicable CIAC shall be
adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) 10%
of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the
Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due.
3. Applicant-Installed Facilities. The Local Government Applicant may, upon entering into an applicant-
installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground
Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed
facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the
connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the requirements,
terms,and conditions of FPL's Electric Tariff.
5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements,terms, and
conditions of FPL's Electric Tariff, this Agreement and any other applicable agreements, FPL will proceed in a
timely manner with the Conversion in accordance with the construction drawings and specifications set forth in
Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of,or are for the purposes of,relocation,then this
Agreement shall be an addendum to the relocation agreement between FPL and the Local Government Applicant.
In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this
Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the
Underground Facilities.
8. GAF Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria,the
Local Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such
failure. Additionally, if at any point within 30 years of completion of the Underground Facilities installation,the
Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider
other than FPL,the Local Government Applicant shall repay FPL a pro-rata share of the G AF Waiver. The pro-
rata share(which shall reflect partial years)shall be determined as follows:
GAF Waiver* [(30—years since the Underground Facilities completion date)/30]
(Continued on Sheet No.9.727)
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: April 4,2006
•
FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.727
(Continued from Sheet No.9.726)
9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with
any of the requirements,terms,or conditions of this Agreement or FPL's Electric Tariff shall result in termination of
this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start of the
Conversion and the CIAC paid by the Local Government Applicant will be refunded to the Local Government
Applicant;provided however,that the refund of the CIAC shall be offset by any costs incurred by FPL in performing
under the Agreement up to the date of termination.
10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent of FPL.
11. Adoption and Recording. This Agreement shall be adopted by the Local Government Applicant and maintained in
the official records of the Local Government Applicant for the duration of the term of this Agreement. This
Agreement also shall be recorded in the Official Records of the County in which the Underground Facilities are
located,in the place and in the manner in which deeds are typically recorded.
12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement
and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of this
Agreement shall control.
IN WITNESS WHEREOF,FPL and the Local Government Applicant have executed this Agreement on the date first set
forth above.
CITY OF SUNNY ISLES BEACH FLORIDA POWER&LIGHT COMPANY
Signed - Signed
Name Name
Title Title
Signed
Name -
Title
Approved as to Terms and Conditions
Signed
Name
Title
Approved a o, o a'. ..e - : _
_Al d ` Ad 9� �� .�c
Name �� t 1
Title G ( /1(1
U
Issued by: S.E.Romig,Director,Rates and Tariffs .
Effective: April 4,2006
3 _
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Overhead to Underground Conversion -Customer Cost Sheet
Project:City of Sunny Isles Beach-Phase 2B Date Estimate Provided to Customer: March 7,2016
Customer Performs Work- Conduit&Concrete Products Installation
Underground Cost
New UG•Installation(+) $704,072 Cost for FPL to install new underground facilities
Equivalent OH Installation(-) ($258,260) Cost to install an overhead system at current hardening standards
Existing Overhead Cost
OH Removal&Make Ready Cost (• $159,854 Cost for FPL to remove existing overhead facilities
Existing OH Value(4-) $41,546 Net Book Value of existing OH facilities to be removed
Operational Cost Diff (+) $5,366
Salvage Value(-) $0 Credit for re-usable items
Subtotal* $652,578 Total customer contribution as specified in Tariff 12.2.3
GAF ($199,533)
CIAC* $453,045
Engineering Deposit(-) ($3,240) Engineering deposit previously collected
Net Due FPL* $449,805 Total customer contribution owed
' ` .t - fie tom`'`hC.. . _is- .V''"4t _rr� y R +s ,,�'-s•.. .�. -`0 Asj'""- `xer- .�� '}a'f. 1�a <a,.
t�'�' j� �.�' i. w2:.: tits ..r�x�-h ��: �'��?:-# s+,x �.,x 4k �,[ �r4 4F,.. y.`4��..
Cost Breakdowns for Customer Contributions
Total LaborNehicle Material Direct Engineering,
Supervision,and Support
New UG Facilities(+) $704,072 $177,636 $359,936 $166,500
Credit for equivalent OH(-) ($258,260) ($115,826) ($90,033) ($52,401)
OH Removal Cost (+) $159,854 $129,382 $10,515 $19,957
Total $605,666 $191,192 $280,418 $134,056
Net Book Value(+) $41,546
Operational Cost Diff (+) $5,366 (0.6 miles)
Salvage Value(-) $0
Subtotal* $652,578
GAF ($199,533)
CIAC* $453;04.5
Engineering Deposit(-) ($3,240) Engineering deposit previously collected
Net Due FPL* $449,805
k� Al*��W�._.-"�'"`'.�_:,_�'cz-s.-'�'3,�W''7�:si."�:.'-%u^'A __r..' �.ff as'�°...__3— MR:ar0F s� l,<!F+.�:.=:�.`sC.�S'•4r4
Major Material Breakdown
Quantity Item
25,779 Primary UG Cable(feet)
Install 4 UG Switch Cabinet(VISTA's)
11 UG Transformer(each)
4 Splice box for UG feeder(each)
13,284 OH Primary Conductor(feet)
Remove 30 Poles(each)
20 OH Transformer(each)
1,777 Primary UG Cable(feet)
CITY/COUNTY RIGHT-OF-WAY
AGREEMENT FOR UNDERGROUND CONVERSIONS (wR#4982016)
•
THIS AGREEMENT (the "Agreement") is made and entered into this day of
, 20 by and between CITY OF SUNNY ISLES BEACH ("Local
Government"), a Florida municipal corporation or county with an address of 18070
Collins Avenue, Sunny Isles Beach, Florida 33160 and Florida Power & Light Company
("FPL"), a Florida. corporation with an address of P.O. Box 14000, 700 Universe
Boulevard, Juno Beach, FL 33408-0429.
WHEREAS, Local Government has requested that FPL convert certain overhead
electric distribution facilities located within the following boundaries (the"Conversion"):
Along Collins Avenue from the southern City limit at Haulover Park to Sunny Isles
Blvd. and then along Sunny Isles Blvd. from just east of Collins Ave. and then
approx. 500 feet to the west (see attached drawings, WR# 4982016 ) (collectively, the
"Existing Overhead Facilities") to underground facilities, including transformers, switch
cabinets and other appurtenant facilities some of which may be installed above ground
(collectively, the "Underground Facilities") and has further requested that certain of the
Underground Facilities be placed in certain of its road rights-of-way ("Local
Government ROW") and/or certain road rights-of-way owned by or under the
jurisdiction of other agencies ("Other ROW"). Local Government ROW and Other
ROW may be referred to collectively as "ROW"; and
WHEREAS, the Local Government has agreed to pay FPL the cost of such
Conversion as required by FPL's electric tariff and Section 25-6.115 of the Florida
Administrative Code and has or will enter into a separate Underground Facilities
Conversion Agreement with FPL; and
WHEREAS, FPL is willing, subject to the terms and conditions set forth in this
Agreement, FPL's electric tariff and Section 25-6.115 of the Florida Administrative
Code, to place certain of the Underground Facilities in the ROW.
NOW THEREFORE, in recognition of the foregoing premises and the covenants
and agreements set forth herein, and other consideration the sufficiency of which is
hereby acknowledged, intending to be legally bound hereby, the parties covenant and
agree as follows:
1. The foregoing recitals are true and correct, and are hereby incorporated by
reference into this Agreement.
Page 1 of 6
2. Conditions Precedent to Placement of Underground Facilities in
ROW
(a) Local Government covenants, represents and warrants that:.
(i) Local Government has full legal right and authority to enter into
this Agreement;
(ii) Local Government has full legal right and authority to take all
actions and measures necessary to fulfill Local Government's
obligations under this Agreement;
(iii) Local Government hereby authorizes the use of the ROW by FPL
for the purposes stated herein.
(b) All applicable permits for FPL to install, construct, or maintain Underground
• Facilities in ROW must be issued on a timely basis by the appropriate agency,
subject to the timely filing for permits by FPL.
(c) Local Government agrees to provide, at•its expense, a legal description that is
acceptable to FPL of the ROW to be occupied by the Underground Facilities
at a time before FPL initiates the design of the Underground Facilities. Said
legal description shall be made part of this Agreement and attached as Exhibit
(d) FPL agrees to identify and document all existing FPL underground facilities
within the ROW that will not be included under this Agreement. Local
Government shall reimburse FPL's reasonable costs and expenses to deliver
said documentation. Said documentation shall be made part of this
Agreement and attached as Exhibit "B".
(e) FPL warrants.that the design of the Underground Facilities to which Local
Government has agreed are in compliance with all operational and safety
guidelines, codes and standards. FPL and Local Government have mutually
agreed upon the location of the facilities within the ROW as per the
construction drawings. Said construction drawings shall be attached as
Exhibit "C" to this agreement, are part of this agreement, and may be
amended to reflect changes to location of facilities as required.
3. Relocation and Rearrangement of FPL Facilities. If the Local
Government or other agency with control over the Local Government ROW or Other
ROW, for any reason whatsoever, requires that FPL relocate or rearrange, in whole or in
part, any Underground Facilities (as they are to exist as a result of this Conversion, or as
they may later be modified, upgraded, or otherwise altered) from or within the Local
Government ROW or Other ROW, the Local Government, notwithstanding any language
to the contrary in any applicable permit or franchise agreement, and prior to any such
relocation by FPL, shall provide FPL with a substitute location, satisfactory to FPL,
obtain any easements that may be necessary, and shall pay FPL for the costs of any such
relocation, adjustment or rearrangement, now or in the future. Local Government shall
reimburse FPL for all costs to locate, expose, protect or support the Underground
Facilities, whether underground or above ground, in the event of future construction or
excavation in close proximity to the Underground Facilities, when such services are
required by Local Government or other agency with control over the Local Government
Page 2 of 6
II
ROW or Other ROW Local Government shall use its best efforts in any design and
construction of its future road improvement projects to avoid or mitigate the necessity of
relocating or adjusting the Underground Facilities in Local Government ROW and, to
the extent reasonably practicable, in Other ROW.
Local Government shall only be responsible for relocation costs associated with
replacement facilities conforming to FPL standards in effect at the time of relocation.
Any costs associated with the replacement facilities to provide increased capacity,
improved reliability, future use facilities, or other such enhancements over and above the
FPL standards in effect at the time of the relocation shall not be the responsibility of
Local Government.
Nothing herein shall preclude Local Government from obtaining reimbursement
for any and all costs requiring FPL to relocate or rearrange any of its Underground
Facilities from that entity which initiated the requirement for the relocation or
rearrangement of the facilities, excluding only other agencies which own or have
jurisdiction over the ROW.
FPL shall be responsible for any and all costs of removal or relocation when such
removal or relocation is initiated by FPL. Additionally, FPL agrees that when any
portion of a street is excavated by FPL in the location, relocation or repair of any of its
facilities when said location, relocation or repair is initiated by FPL, the portion of the
street so excavated shall, within a reasonable time and as early as practical after such
excavation, be replaced by FPL at its expense in a condition as good as it was at the time
of such excavation.
4. Abandonment or Sale of Local Government ROW. If the Local
Government desires to subsequently abandon or discontinue use of the Local Government
ROW, and ownership of the land is transferred to a private party, the Local Government,
as a condition of and prior to any such sale, abandonment, or vacation, shall grant
FPL an easement satisfactory to FPL for the Underground Facilities then existing
within the ROW or require the transferee to so grant FPL an easement satisfactory to
FPL at the time of transfer. If ownership of the Local Government ROW is transferred
to another public entity, that public entity shall take the ROW subject to the terms and
conditions of this Agreement.
5. Term. This Agreement shall remain in effect for as long as FPL or any
successor or assign owns or operates the Underground Facilities placed in the ROW.
6. Title and Ownership of Underground Facilities. Title and ownership of
Underground Facilities installed by FPL as a result of this Agreement shall, at all times,
remain the property of FPL.
7. Conversion Outside ROW. In the event that the FPL Underground
Facilities are not, for any reason other than the sole error of FPL or its contractors,
Page 3 of 6
constructed within the ROW, Local Government shall grant or secure, at Local
Government's sole cost and expense, new easements or ROW.grants for the benefit of
FPL for the placement of the Underground Facilities in these areas, and shall secure
subordinations of any mortgages affecting these tracts to the interest of FPL. In the
alternative, at the discretion of Local Government, Local Government shall reimburse
FPL for all costs incurred to remove said facilities which were constructed outside the
ROW and for reinstallation within the ROW. FPL shall be responsible at completion of
construction for notifying Local Government in writing of FPL's approval and
acceptance of the conversion as being constructed within the ROW. Upon acceptance
there shall be no further responsibility on the Local Government for relocations
• referenced in this paragraph.
8. Agreement Subject to FPL's Electric Tariff. This Agreement is subject
to FPL's electric tariff, including but not limited to the general rules and regulations for
electric service and the rules of the Florida Public Service Commission.
9. Venue; Waiver of Jury Trial. This Agreement shall be enforceable.in •
Miami-Dade County, Florida, and if legal action is necessary by either party with respect
to the enforcement of any or all of the terms or conditions herein, exclusive venue for the
enforcement of same shall lie in Miami-Dade County, Florida. By entering into this
Agreement, FPL and the Local Government expressly waive any rights either party may
have to.a trial by jury of any civil litigation related to or arising out of this Agreement.
This Agreement shall be construed in accordance with the laws of the State of Florida.
10. Attorney Fees. In the event it becomes necessary for either party to
institute or defend legal proceedings as a result of the failure of the other party to comply
with the tennis, covenants, or provisions of this Agreement, each party in such litigation •
shall. bear its own cost and expenses incurred and extended in connection therewith,
including, but not limited to attorneys' fees and court costs through all trial and appellate
levels.
11. Assignment. The Local Government shall not assign this Agreement
without the written consent of FPL
12. Recording. This Agreement shall be adopted by the Local
Government and maintained in the official records of Local Government for the
duration of the term of this Agreement. This Agreement also shall be recorded in
the Official Records of the County in which the Underground Facilities are located,
in the place and in the manner in which deeds are typically recorded.
13. Conflict between Terms of Permit or Franchise Agreement. In the
• event of a conflict between the terms of this Agreement and any permit or franchise
agreement entered into by Local Government and FPL, the terms of this Agreement shall
control.
Page 4 of 6
14. Notice. Any notice, instruction or other communication to be given to
either party hereunder shall be in writing and shall be hand delivered, telecopied, sent by
Federal Express or a comparable overnight service or by U. S. registered or certified mail,
with return receipt requested and postage prepaid to each party at their respective
addresses set forth below:
As to Local Government:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
As to FPL:
FPL
700 Universe Blvd.
Juno Beach, FL 33408
Attn.: FPL Legal Department
•
•
Page 5 of 6
IN WITNESS WHEREOF, Florida Power & Light Company and Local
Government have executed this Agreement on the date first set forth above.
For CITY OF SUNNY ISLES BEACH
By:
(signature)
c>,<, Name:
•
(print or type)
Title:
(print or.type)
By:
(signature)
Name:
(print or type)
Title:
(print or type)
C >=<, Approved as to Terms and Conditions:
1
/ J
Approved as to Form and Legal.Sufficiency: A�� '
(signature/title)
rfi
For FLORIDA POWER&LIGHT COMPANY
By:
(signature)
Name:
(print or type)
• Title:
(print or type)
Page 6 of 6
1 '
APPLICANT-INSTALLED FACILITIES AGREEMENT FOR UNDERGROUND
CONVERSIONS (WR#4982016)
This Agreement,made and entered into this day of , 20 , by and between
CITY OF SUNNY ISLES BEACH (the"Applicant"), a Florida municipal corporation or county
with an address of 18070 Collins Avenue, Sunny Isles Beach, FL 33160 and FLORIDA
POWER&.LIGHT COMPANY ("FPL"), a Florida corporation organized under the laws of the
State of Florida, with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach,FL
33408-0429.
WITNESSETH:
WHEREAS, the Applicant has executed the appropriate underground facilities conversion
agreement ("Conversion Agreement") with FPL to convert certain overhead electric distribution
facilities (collectively the "Existing Overhead Facilities") to underground distribution facilities
(collectively the "Underground Facilities"), as described in the aforementioned Conversion
Agreement(hereinafter the"Conversion");
WHEREAS, the Applicant desires to perform itself, or through its Contractors, certain Work as
such term is described in Exhibit A associated with the Conversion;
WHEREAS, FPL is willing, subject to all the terms and conditions set forth below in this
Agreement, to allow the Applicant to perform the Work based on Applicant's assurance that such
Work will be in accordance with FPL's designs, instructions, standards and specifications, and
such Work will not adversely impact FPL or its electric customers;
NOW, THEREFORE, in recognition of the foregoing premises, and in consideration of the
covenants and promises set forth herein below,FPL and Applicant do hereby agree as follows:
1. Compliance with Tariff. Applicant shall comply with and abide by the requirements,terms,
and conditions of this Agreement, the Conversion Agreement, and FPL's electric tariff(the
"Tariff').
2. Conditions for Work to be Performed. Applicant shall, at its own cost and expense,
perform or cause to be performed, all Work, as described in Exhibit A, in accordance with
the terms and conditions of this Agreement and the standards and specifications shown in
Exhibit B. The Applicant shall provide all survey and staking to ensure that all Underground
Facilities are installed as shown in the Conversion Agreement and provide As-Built prints to
FPL within two (2) weeks of installation, signed and certified by a Florida registered
surveyor along with a FPL"Redline"document.
3. Commencement of Work. Applicant shall perform the Work, or any portion of the Work,
only upon receipt of a notice to proceed containing the approved drawings, specifications and
instructions from FPL ("Notice to Proceed"). After receipt of the Notice to Proceed,
Applicant shall provide written notice of intent to commence work to FPL at least five (5)
days prior to commencement of such Work. Applicant shall not perform any excavation
Page 1 of 6 (Rev. 10/23/06)
work without first notifying Sunshine State One Call for identification and marking of
existing underground utilities and complying with the excavation requirements set forth in
Florida Statute Chapter 556.
4. Materials. All Materials are to be supplied by FPL and shall be picked up by Applicant at
the following address at a mutually agreed upon time, typically with 5 business
days minimum notice, but no more than 15 business days notice, unless mutually agreed
upon. Alternatively, FPL will, at Applicant's expense, have the material delivered to a
mutually agreed upon location. Applicant assumes liability for any materials lost, stolen or
damaged once these materials are picked up by, or delivered to,the Applicant.
5. Contractors. Applicant may enter into a contract with a contractor for the performance of
the Work, or any portion thereof, provided that the contractor has been approved by FPL in
writing prior to execution of such contract. Applicant shall not make any substitution of any
contractor who has been accepted by FPL unless the substitution is approved by FPL in
writing. No contract or purchase order shall bind or purport to bind FPL, but each contractor
entering into a contract with respect to the Work shall name FPL as an intended third-party
beneficiary and include a provision permitting the assignment of the contract or purchase
order to FPL upon FPL's written request, following default by Applicant or termination or
expiration of this Agreement. Applicant shall provide FPL with written certification from
each of the contractors that all warranties, guarantees and obligations of such contractors are
equivalent or better than those granted by such contractor to FPL for similar Work.
Applicant shall assign all representations, warranties, guaranties, and obligations of all
contractors at the request and direction of FPL, and without recourse to Applicant, to FPL
upon default by Applicant or termination or expiration of this Agreement; provided,
however, that, notwithstanding such assignment, Applicant shall be entitled to enforce each
such representation, warranty, guaranty, and obligation so long as Applicant has any liability
under this Agreement. Applicant hereby assigns to FPL, effective as of the termination or
expiration of this Agreement, all representations, warranties, guaranties and obligations of all
Contractors.
6. Right of Entry. FPL reserves the right, together with its agents or designees to enter the
Jobsite as it may elect for the purpose of inspecting the Work, or constructing or installing
such collateral work as it may desire, or testing,boring or surveying, or any other purpose.
7. Inspection and Correction of Deficiencies.
7.1. All Work shall be properly inspected and tested, if appropriate, by Applicant and
shall at all times be subject to additional inspection by FPL and its designee(s).
7.2. Neither the failure to make such inspection, nor the failure to discover defective
workmanship, materials, or equipment, nor approval of or payment to Applicant
for such Work shall prejudice the rights of FPL thereafter to correct or reject the
same.
Page 2 of 6 (Rev.10/23/06)
. 7.3. Applicant shall correct any deficiencies found with the Work, including but not
limited to discrepancies that are inconsistent with FPL's design, instructions,
standards or specifications within two (2) business days. If Applicant does not
adequately rectify the identified deficiencies in the required timeframe, FPL may, at
its sole discretion, perform, or have performed by its'contractor the required repairs
and Applicant shall pay FPL for any costs incurred. These requirements apply
whether the discovery of deficiencies occurs while Applicant is performing its
Work or while FPL, or its contractor, is performing its portion of the work.
7.4. If any Work or part thereof is covered over contrary to the requirements of this
Agreement or the written request of FPL, it must, if required by FPL, be uncovered
for observation and inspection and covered again at Applicant's sole expense.
7.5. If any Work that FPL has not specifically requested to observe and inspect prior to
being covered has been covered, FPL may request to see such Work or part thereof
and it shall be uncovered by Applicant. If such Work or part thereof is found to be
in accordance with this Agreement, the cost of uncovering and covering again shall
be paid by FPL. If such Work or part thereof fails to meet the requirements of this
Agreement, Applicant shall pay all costs of uncovering, correcting, and covering
again.
7.6. Applicant shall pay FPL for all time spent reviewing and inspecting Applicant's
Work.
7.7. No electric customers shall be connected to the Underground Facilities prior to all
deficiencies being rectified.
8. Indemnity/Liability of Applicant.
8.1. Applicant shall protect, defend, indemnify and hold FPL free and unharmed from
and against any liabilities whatsoever resulting from or in connection with this
Agreement, the Conversion or in connection with the performance of the Work by
the Applicant, its employees, Contractors or Contractor employees, whether or not
such liabilities are due to or caused in whole or in part by negligence of FPL;
including but not limited to payment disputes between contractor and Applicant.
8.2. Applicant shall assume full responsibility for all damages and all restoration arising
in connection with the Work.
9. Design Work. FPL shall provide all design, instruction, standards and specifications
necessary to perform the Conversion.
10. Completion of Work and Ownership. Applicant shall complete the Work by
, 20 and notify FPL when said Work is complete. Upon FPL's
fmal written approval of the completion of the Work ("Acceptance"), Applicant
Page 3 of 6 (Rev.10/23/06)
acknowledges that all rights, title and interest, free and clear of all liens, in and to the Work
shall vest in FPL. If requested by FPL, Applicant shall provide FPL, in a form acceptable to
FPL, an affidavit of Applicant certifying payment of all indebtedness to.all Contractors and a
written release of liens from Applicant and each Contractor.
11. No Liability by FPL. FPL assumes no liability due to any damage, misunderstanding of
installation drawings or specifications, or any actions due to Applicant or its Contractor.
12. Suspension for Cause:
12.1. FPL may, by Notice, temporarily suspend the Work, or any portion thereof, under
this Agreement when the performance by Applicant or Contractor is unsatisfactory
to obtain the results required by this Agreement.
12.2. The methods by which Applicant performs its Work are entirely the responsibility
of Applicant. FPL's right to suspend Work is intended solely to verify that the
Work being performed. by Applicant and its Contractor conforms to the design,
instruction, standards, and specifications and shall not obligate FPL to review the
efficiency, adequacy or safety of Applicant's or its Contractors methods or means
of operation or construction.
12.3. Any additional costs incurred by Applicant resulting from such suspension shall be
borne solely by Applicant.
12.4. If Applicant immediately corrects the unsatisfactory condition FPL shall authorize
resumption of the Work. Applicant's failure to immediately effect correction of
the unsatisfactory conditions shall be cause for termination of this Agreement.
13. Termination for Cause:
. 13.1. FPL may, upon Notice to Applicant, and without prejudice to any remedy
available to FPL under law, in equity or under this Agreement,terminate the whole
or any part of this Agreement for cause and take possession of the Work without
termination charge, penalty or obligation in the event Applicant fails to perform a
material obligation under this Agreement and fails to cure such material obligation
default within a reasonable period of time, but in no event more than ten (10)
business days, after Notice from FPL specifying the nature of such default (any
such termination referred to as a"Termination for Cause").
13.2. In the event of Termination for Cause by FPL, Applicant shall:
a. Unless instructed otherwise in the Notice, immediately stop all Work
hereunder;
b. Issue no further contracts except with the prior written consent of FPL;
Page 4 of 6 (Rev. 10/23/06)
c. Assign to. FPL, to the extent requested by FPL, all rights of Applicant
under contracts outstanding;
d. Terminate, to the extent requested by FPL, outstanding contracts;
e. Fully cooperate and refrain from hindering or interfering in any manner
with any other persons or parties currently or prospectively performing
the Work; and
f. Take any other action toward termination, or toward preservation of the
Work,that FPL may direct.
13.3. Upon a Teimunation for Cause, all obligations of FPL hereunder shall terminate
effective immediately. Upon such Termination for Cause, FPL may either rework
or take over the terminated Work and proceed to provide such materials, supplies,
equipment and labor of both FPL and FPL contractors,- as may be reasonably
necessary to complete said Work. FPL may have any partially fabricated portion
of the Work removed from Applicant's or contractor's facilities upon Notice to
Applicant. Applicant shall be liable for any increase of FPL's costs, including
rework costs, incurred by FPL as a result of FPL's termination of the contract for
cause.
13.4: In the event of Termination for Cause, FPL shall have no liability to Applicant for
costs incurred by Applicant as a result of such termination.
14. Termination Prior to Construction. Applicant may terminate this Agreement at any time
prior to the start of construction. If Applicant elects to still complete the Conversion, then
the Contribution-In-Aid-of-Construction (CIAC) amount provided in the Conversion
Agreement shall be revised accordingly. The revised Conversion Agreement must be
executed and any additional CIAC due received by FPL prior to the start of construction.
15. Assignment. This Agreement is not assignable.
16. Applicant's Payments to FPL. Any monies that are owed by Applicant to FPL under this
Agreement shall be paid to FPL within thirty(30) days of FPL producing an invoice.
17. Notice. As used herein, the term "Notice" shall mean any formal written correspondence
providing notice of action, purpose, intent or the like given under the provisions of this
Agreement. Unless otherwise provided in this Agreement, Notice shall be delivered in
person, by courier or by certified mail and shall be effective when received. General
correspondence is not categorized as Notice.
Page 5 of 6 (Rev. 10/23/06)
IN WITNESS WHEREOF, FPL and Applicant have executed this Agreement for the provision
of Applicant-Installed facilities to be effective as of the date first above written.
•
For: CITY OF SUNNY ISLES BEACH
•
( By:
ii (signature)
Name:
(print or type) _
Title:
(print or type)
By:
(signature)
Name:
(print or type)
Title:
(print or type)
Approved as to Terms and Conditions:
igna re/title)
Approved as to Form ./"' —A . /�"�"�'O/'!L ,3 J,7 /.6
signs a/title)
For FLORIDA POWER& LIGHT COMPANY
By:
(signature)
Name:
(print or type)
Title:
(print or type)
Page 6 of 6 (Rev. 10/23/06)
1
Exhibit A
WR#4982016
} Work to be Performed:
Applicant shall:
e Install all conduit and concrete products based on the attached
specifications and in the locations as indicated on the attached
drawings.
s .
i ,
F
1
Exhibit B
WR# 4982016
Standards and Specifications
pF
1
S�""Y 'S(F City of Sunny Isles Beach
--'-4'
"� µ f== ;4 18070 Collins Avenue
a a -q.---, , Sunny Isles Beach, Florida 33160
,
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P 9).F vas 5 (305)947-0606 City Hall
'-` 'OF sut+ 1'14.° (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 3/17/2016
Resolution Approving Three (3) Underground Facilities
RE: Conversion Agreements Between the City of Sunny Isles
Beach and FPL
RECOMMENDATION:
It is recommended that the City Commission approve the proposed
Resolution between the City of Sunny Isles Beach and FPL approving
(1) Governmental Adjustment Factor Waiver, (2) Applicant-Installed
Facilities Agreement and (3) City/County Right of Way Agreement for
the "First Construction Phase" of the Underground Conversions, in an
amount not to exceed Six Hundred Fifty Two Thousand Five Hundred
Seventy Eight Dollars ($652,578.00).
REASONS:
The City of Sunny Isles Beach (the "City') is in the process of
undergrounding the utility lines on Collins Avenue. Towards that end, the
City has requested that Florida Power and Light ("FPL") convert certain
overhead electric distribution lines located on Collins Avenue. The City
has agreed to pay FPL the cost of such conversion as required by
FPL's electric tariff and Section 25-6.115 of the Florida Administrative
Code and to enter into separate Underground Facilities Conversion
Agreements with FPL for each of four Phases of Construction.
Accordingly, the City Commission will ultimately approve (1)
Governmental Adjustment Factor Waiver, (2) Applicant-Installed
Facilities Agreement and (3) City/County Right of Way Agreement for
Underground Conversions with Florida Power and Light ("FPL) for all
161
four Phases of Construction in the total amount estimated to be $3
Million Dollars, in substantially the same form attached hereto as
Exhibits "A", "B" and "C".
FUNDING SOURCE:
300-5-5390-465000-80004
ATTACHMENTS:
Description
Resolution
Agreements
Item Number: 10.H.
162