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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 ,== , a _ • f ATTEST: { 41.4-5L- , - • a'•*-114.-)t Jane,A. Ines:-MMC, City Clerk, ,t,ti• ,t , 4 • s APPROVED-AS TO FORM AND :G: .UFFICIENCY: ill 'V '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 _ f ' 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 , 1•gas _,:::-34.17-; .�.=i�pPF�� 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