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Home My Public Portal AboutFPL - Conversion Agmt 07-2015FLORIDA POWER & LIGHT COMPANY Eighth Revised Sheet No. 9.725 Cancels Seventh Revised Sheet No. 9.725 UNDERGROUND FACILITIES CONVERSION AGREEMENT — GOVERNMENTAL ADJUSTMENT FACTOR WAIVER This Agreement is made and entered into this day of lv 20--6 by and between TOWN OF GULF STREAM ("Local Government Applicant"), a Florida municipal corporation or county with an address of 100 Sea Rd, Gulf Stream, FL 33483 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"): _ Town Area - NIO Golfview Road (collectively, the "Existing Overhead Facilities", WR # 4618490) 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 # 4618489). (collectively, the "Existing Overhead Facilities") 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"). 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: 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 sutFioient amount of overhead facilities to provide electrical continuity, rite 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 CIRC as calculated before application of the GAF Waiver. Special Circumstances. Conversions which do not meet the project size minimums described in section La 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) 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 (0) 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 0 phase begins within I year from completion of the 3d phase. 2. Contribution -fn -Aid -of -Construction (CIRC). 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 CIRC amount reduced by the GAF Waiver. i. Otherwise Applicable CIRC $ 1,394,030 ii. GAF Waiver $—_ 823,633 _ iii. CIRC Due S 570397 (Cost Performs ALL UG Work) fn the event the actual cost of the Conversion exceeds the estimate, the Otherwise 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 conditibns 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) / 30] (Continued on Sheet No. 9.727) rssuca Dy: b. t;. Romig,1 hrector, Rates and Tariffs Effective: April 4, 2006 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No 9 726) Original Shect No. 9.727 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 anytime prior to the start of the Conversion and the CIRC paid by die Local Government Applicant will be refunded to the Local Government Applicant; provided however, that the refund of die CIAC shall be offset by any costs incurred by PPL 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 die 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 die 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 corhflict between the terns of ibis Agreement and any permit or fianchise agreement entered into by Local Government Applicant and FPL, the terns of this Agreement shall control IN WITNESS WHEREOF, PPL and the Local Government Applicant have executed this Agreement on the date first set fm th above TOWN OF GULF STREAli7 SignedX--✓ Name RdREEr W. 6AKGFC_ Title VI Ce EVIGVdV Approved as to Terms and Condit Signed-c��12Y / Name )j((rav- �l- Lll✓�tltlr✓ Title Y Approved as to ohm grid L a Sufficiency Signed Name�c � rt C '//L AIJ,-1 Title J own /� Ks rne,/ s tr�a Issued by: S. E. Romig, Director, Rates and Tariffs Effective: Anril 4, 2006 FLORIDA POWER & LIGHT COMPANY Signed_ j (%� Name_ _rLw46+ 4u.; - G M eM pr,�_� nc,t1 i J Overhead to Underground Conversion - Customer Cost Sheet Project: Town of Gulf Stream - Phase #2 Date Estimate Provided to Customer: January 8, 2015 Customer Performs Some Work -All Underground Work Underground Cost New UG Installation (+) $1,861,633 Cost for FPL to install new underground facilities Equivalent OH Installation (-) ($990,922) Cost to install an overhead system at current hardening standards " Existing Overhead Cost OH Removal Cost (+) Existing OH. Value (+) Salvage Value (-) Subtotal' GAF CIAC• Engineering Deposit (-) Net Due FPL` New UG Facilities (+) Credit for equivalent OH (-) OH Removal Cost (+) "" Total Net Book Value (+) Salvage Value (-) Subtotal" GAF CIAC' Engineering Deposit (-) Net Due FPL" $488,405 Cost for FPL to remove existing overhead facilities $34,914 Net Book Value of existing OH facilities to be removed $0 Credit for re -usable items $1,394,030 Total customer contribution as specified in Tariff 12.2.3 ($823,633) UG Switch Cabinet (VISTA) $570,397 Supervision, and Support ($22,375) Engineering deposit previously collected $548,022 Total customer contribution owed Cost Breakdowns for Customer Contributions Total LaborNehicle Material Direct Engineering, Install 7 UG Switch Cabinet (VISTA) 101 Supervision, and Support $1,861,633 $0 $1,381,918 $479,715 ($990,922) ($431,251) ($413,919) ($145,752) $488,405 $419,488 $10,175 $58,742 $1,359,116 ($11,763) -, $978,174 $392,705 $34,914 $0 $1,394,030 " ($823,633) $570,397 ($22,375) Engineering deposit previously collected $548,022 Major Material Breakdown _ Quantity Item 106,966 Primary UG Cable (feet) Install 7 UG Switch Cabinet (VISTA) 101 UG Transformer (each) 1 Splice box for UG feeder (each) 44,451 OH Primary Conductor (feet) Remove 157 Poles (each) 100 OH Transformer (each) 2,614 Primary UG Cable (feet)