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HomeMy WebLinkAboutReso 2008-1343IT 9' RESOLUTION NO. 2008- t 34 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) FOR PHASE 3 OF THE UNDERGROUNDING OF ELECTRICAL LINES PROJECT ALONG ATLANTIC ISLE, IN THE AMOUNT OF ONE HUNDRED THIRTY-EIGHT THOUSAND ONE HUNDRED FIFTY-NINE DOLLARS (8138,159.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach wishes to convert the entire distribution overhead electrical lines to underground in the City; and WHEREAS, the City of Sunny Isles Beach has negotiated with Florida Power and Light (FPL) to provide undergrounding of the electrical lines for Phase 3 of the Project, along Atlantic Isle; and WHEREAS, Florida Power and Light has submitted a proposal for Phase 3 of the Distribution Overhead to Underground Conversion Project, in the amount of One Hundred Thirty-Eight Thousand One Hundred Fifty-Nine Dollars ($138,159.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement with Florida Power and Light (FPL), for Phase 3 of the undergrounding project along Atlantic Isle, in the amount of One Hundred Thirty- Eight Thousand One Hundred Fifty-Nine Dollars ($138,159.00), attached hereto as Exhibit "A," be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day of November 2008. 77_J1% orman S. Edelcup, Mayor R2008-FPL Agmt Undergrounding Phase 3 Atlantic IslePage I of 2 iS\ ATTEST: • f- ®:Si 1 � - • ► ,:Jane A. Hines, CMC, City Clerk APPROVED • S TO FORM AND LEGAL SUii/ E CY s e tf 1'City £ttomey Moved by: R_tZI IV Seconded by: Corvvwu✓ GOotn A-41) Vote: -3-o-' \\ Mayor Edelcup — S t W(.(Yes) (No) Vice Mayor Thaler (Yes) (No) Commissioner Brezin 4Yes) (No) Commissioner Goodman A1 21es) (No) CommissionerScholl— fmS4 •s&(Yes) _(No) R2008-FPL Agmt Undergrounding Phase 3 Atlantic IslePage 2 of 2 Fifth Revised Sheet No.9.725 FLORIDA POWER&LIGHT COMPANY Cancels Fourth Revised Sheet No.9.725 UNDERGROUND FACILITIES CONVERSION AGREEMENT— GOVERNMENTAL ADJUSTMENT FACTOR WAIVER • This Agreement, which is available to customers that sign the Agreement on or before October 30,2009,is made and entered into this_day of , 2Q, 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 I teal Government Applicant has requested that FPL convert certain overhead electric distribution facilities located within the following boundaries (the "Conversion"): Along Atlantic Isle in Sunny Isles Beath, FL (see attached drawings, WR # 30854481 (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above ground at set forth in Attachment A hereof (collectively,the"Underground Facilities"). 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 follows: 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 J oral 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 I trill Government Applicant must be willing and able to execute a right of way("ROW') agreement with FPL if the I ncal 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 multistage lateral; and e. There are no state or federal funds available to the Local Government Applicant to cover any portion of the cost of the Conversion. Special Circumstances. Conversions which do not men the project size minimums described in section 1.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 i. 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) Exhibit "A" Issued by: S.E.Romig,Director,Rates and Tariffs Effective: May 4,2007 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 fast 3 phases such that the combined contiguous area meets the minimum size criteria, and (b) this 4d' phase begins within 1 year from completion of the 3'd 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 $_249,845 ii. GAF Waiver $_110,007 is CIAC Dne $ 1 . .. . i v,- In the event the actual cost of the Conversion exrerfic the estimate, the Otherwise Applicable CIAC chat] be adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) l0% 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 GAF 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)/303 (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 I cral 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 FLORID A POWER&LIGHT COMPANY ir/f1/Z7 Signed Ate/ 7 %7* Signed Name ..• . . _ Name Title • •YOR o Title ATTEST: / A • Sigti 6[]t�.� Name - TANF A HTNFS Title CITY CT ERIC ApproJ3•, to Terms and Cpn '¢tuns Sig.:. 70a ERA `:n Title ASST. CI MANAGER Approved o Argot. gal Sufficiency Sign. A!LJ4i Name HANS OTTINOT Title CITY ATTORNEY Issued by: S.E.Romig,Director,Rates and Tariffs Effective: April 4, 2006 Overhead to Underground Conversion- Customer Cost Sheet Project City of Sunny Isles Beach-Phase 3 Date Estimate Provided to Customer. Nov.10,2008 Customer Performs Work- Conduit&Concrete Products Installation Underground Cost New UG Installation(+) $318,770 Cost for FPL to install new underground facilities Equivalent OH Installation(-) ($147,279) Cost to install an overhead system at current hardening standards Existing Overhead Cost OH Removal Cost 8 Make ready(+ $61,290 Cost for FPL to remove existing overhead facilities Existing OH Value(+) $17,064 Net Book Value of existing OH facilities to be removed Salvage Value(-) $0 Credit for re-usable items Subtotal $249,845 .-`•..Total customer contribution as specified in Tariff 12.2.3 GAF "($110,007) CIAC' :$139,839.- . Engineering Deposit(-) ($1,680) Engineering deposit previously collected Net Due FPL` - - $138,159 - - Total customer contribution owed < . Fi : .-,t f�.c. ' ' rv'SLa Y Y(�.. _ x ti� a r[- Cost Breakdowns for Customer Contributions Total LaborNehicle Material Direct Engineering, Supervision,and Support New UG Facilities(+) $318,770 $97,202 $143,168 $78,400 • Credit for equivalent OH(-) ($147,279) ($62,851) ($62,450) ($21,978) OH Removal Cost (+) $61,290 $53,897 $1,089 $6,304 Total $232,7B1 - • - $88,248 $81,807 • $62,726 Net Book Value(+) $17,064 Salvage Value(-) $0 Subtotal* - -$249,845 • GAF ($110,007) CIAC• `$139;839 Engineering Deposit(-) ($1,680) Engineering deposit previously collected Net Due FPL* $138,159: Major Material Breakdown Quantity Item 16,242 Primary UG Cable(feet) Install 2 UG Switch Cabinet(each) 16 UG Transformer(each) 0 Splice box for UG feeder(each) 5,222 01-1 Primary Conductor(feet) Remove 37 Poles(each) 13 OH Transformer(each) 160 Primary UG Cable(feet) • '- Estimate includes$66,000 for Maintenance of Traffic rtNY tst City of Sunny Isles Beach City Commission t„ P Norman S.Edelcup, Mayo"�". F 18070 Collins Avenue Lewis J.Thaler„ Vice Mayor u • . mil, `.' =' i Sunny Isles Beach, Florida 33160 Roslyn Brain Commissioner •- j Gerry Goodman Commissioner ter George"Bud"Scholl,Commissioner Cy (305)947-0606 City Hall s•'a �'` vo'T a (305)792-1565 Fax A.John Surlag,Ciry Manager o c ' F pow o+ (305)947-2150 Building Department Hans Ottinot,City Attorney Ir.)"or sus 's Jane A.Hines,Ciry,Clerk MEMORANDUM To: Honorable Mayor and City Commission Via: A.John Szerlag, City Manager . From: Jorge L. Vera, Assistant City Manager/ Service Divisio Date: November 18, 2008 Re: FPL undergrounding RECOMMENDATION It is recommended that the City Commission approve the attach contracts with FPL for undergrounding the utility lines. REASONS The City has the enclosed proposal from FPL to underground the utility lines on the third phase of the undergrounding project for the entire City. Phase 3 of the undergrounding of the utility lines is the Atlantic Isles Community. The cost for undergrounding the utilities for phase 3 is $138,159. The cost estimate includes $257,286 adjustment credit for both FPL's new Government Adjustment Factor (G.A.F) waiver and credit for the equivalent overhead system design and installation. The undergrounding of this section will take place together with the sewer and drainage improvement project. Upon FPL energizing the last generator in this section all residences must convert to the underground system within 6 months. Until everyone that is affected under this project does not change service to underground, the overhead poles will remain. At this time I would also like to mention that if the residences do not change their services to underground the City will loose the credit ($110,007) that is receiving for undergrounding. Funds are budgeted in 20-600-5664 To be completed by Department Head To be completed by City Clerk's Office Funding available: Approv . Agenda Item No.: I C) s Finance Department ity Manager ' I— I `O(' Commission Meeting Date: �j