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Home My Public Portal AboutFPL - Conversion Agmt July 2013FLORIDA POWER & LIGHT COMPANY Eighth Revised Sheet No. 9.725 Cancels Seventh Revised Sheet No. 9.725 UNDERGROUND FACILITIES CONVERSION AGREEMENT— GOVERNMENTAL ADJUSTMENT FACTOR WAIVER �j�` �� This Agreement is made and entered into this ✓ day of . 20� by and between TOWN OF GULF STREAM C 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 - SIO Golfview Road (collectively, the "Existing Overhead Facilities", WR # 4442449) 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 # 4442448). (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, is 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 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 H. 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 SheetNo. 9.726) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: April 6, 2010 5617370188 Fax 08: 06:12 a.m. 06-21-2013 315 Fifth Revised Sheet No. 9.726 FLORIDA POWER & LIGHT COMPANY Cancels Fourth Revised Sheet No. 9.726 (Continued Dom 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 am non-contiguous; provided that (a) the next (4) phase must be adjacent to one or more of the fust 3 phases such that the combined contiguous area meets the minimum size criteria, and (b) this 4's phase begins within 1 year from completion of the Td phase. 2. Contribution -in -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 GAP Waiver. 1. Otherwise Applicable CIAC S 808,914_ ii. GAF Waiver $- 410,482_ iii. CIAC Due 5F 398.432 (Cost. Performs Some Work -All UG) In the even[ the actual cost of the. Conversion exceeds the estimate, the Olhenvise Applicable CIAC sholl be adjusted by the lessor or (a) the difference between the actual cost of the Conversion and Ole estimate, or (b)10% of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due. 3. Appiicnnt-Installed Facilities. The Local Government Applicant may, upon entering into an applicant - installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the connection array, customers to the Underground Facilities and the removal of the Existing Overhead Facilities. 4. Compliance with Tariff. no Local Government Applicant agrees to comply with and abide by the requirements, terms, and conditions of PPL's Electric Tari$: 5. Timing of Conversion Upon compllance by the Local Government Applicant with the requirements, terms, and conditions of FPL's Electric Tarim this Agreement and any other applicable agreements, FPL will proceed in it 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 ol; relocation, then this Agreement shall be an addendum to the relocation agreement between FPL and the Local GoveramentApplicant 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 us long as FPL or any successor or assign owns or operates the Underground Facilities, B. 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 More. Additionally, if at say 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-mla 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) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: Aprit4,2006 5617370188 Fax 08:07:12 a.m. 06-21-2013 415 ea.vauun rurrrn ac a.aa.ni �.uin r•u�. (Continued from SheetNo. 9.726) oneeuvo.xrs� 9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with any of flue requirements, terms, or conditions of this Agreement or F'PVs Electric Tariff shall result in h mrination of this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start ofthe Conversion and the CIRC paid by the Local Government Applicant will be refunded to gra Local Government Applicant, provided however, that the refund of the CIRC shag be offset by any costs incurred by FPL in performing under the Agreement up to the dale of termiaagan. 10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent of FPL. 1 L .Adoptlan and Recording. This Agreement shall he adopted by the Local GovemmentApplicant and maintained in the official records of the Local Govemmcnt 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 am located, in the placo 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 terns of this Agreement and any permit or franchise agreement entered into by Local Government Applicant tied FPL, the lama 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. TOWN OF GULF STREAM Signed rr�� ,, Name oC —! K. ort -/I Aiti1 Approved =nm/TernsandCM)�'— Name Signed" �Y`n�r ll � it �' _�J4+1�-Z� Title ,�/ � Vya<e–� Approved as to ma it Le So c' Signed / ,� Name :41 4m C I� I R • t !/O Title 17�10 n A7 Issued by: S. E. Romig, Director, Rates and Tariffs Effective: AprII4, 2006 FLORIDA POWER & LIGHT COMPANY Signed 1_0(— Name TigerNt Cfirtha�a•�LY 5617370188 Fax 08:07:50 a.m. 06-21-2013 5/5 Overhead to Underground Conversion - Customer Cost Sheet Project: Town of Gulr Stream - Phase #1 Date Estimate Provided to Customer: January 30, 2013 Customer Perrorms Some Work -All Underground Underground Cost New UG Installation (+) Equivalent 011 Installation (-) Existing Overhead Cost OH Removal Cost (+) Existing OH Value (+) Salvage Value (-) Subtotal* GAF CIAO" Engineering Deposit (-) Net Due FPL' $1,060,457 Cost for FPL to Install new underground facilities ($570,286) Cost to Install an overhead system at current hardening standards $234,746 Cost for FPL to remove existing overhead facilities $83,995 Net Book Value of existing OH facilities to be removed $o Credit for re -usable Items $Qd8,914 � Tatal customer contribution as specified In Tariff 12.2.3 . ($410,402] Special Circumstances - Island " $398,432 $1,060,457 ($19,526) Engineering deposit previously collected $378,906 'Total customer contribution owed Cost Breakdowns for Customer Contributions Major Material Breakdown Quantity Total LaborlVehlcle Material ClreclEnginaering, UG Switch Cabinet (VISTA) 54 UG Transformer (each) 3 Supervision, and Support New UG Facilities (+) $1,060,457 $0 $705,604 $354,653 Credit for equivalent OH (-) ($570,286) ($220,149) ($245,626) ($104,511) OH Removal Cost (+) $234,748 $184,524 $13,287 $36,937 Total ::° $721.4 919. - ' P($36,626) . " F"" $473 466" $287,079 Net Book Value (+) $83,995 Salvage Value (-) So Subtotal* '"'$968,914 GAF CIAC' "$398,432 Engineering Deposit (•) ($19,528) Engineering deposit previously collected. Net Due FPL' $378,906 - Major Material Breakdown Quantity Item 68,591 Primary UG Cable (feel) Install 3 UG Switch Cabinet (VISTA) 54 UG Transformer (each) 3 Splice box for UG feeder each 29,610 OH Primary Conductor (feet) Remove 87 Poles (each) fit OH Transformer (each) 2,597 Primary UG Cable feet COMMISSIONERS JOAN K. ORTHWEIN, Mayor THOMAS M. STANLEY, Vice Mayor MURIEL J. ANDERSON W. GARRETT DERING ROBERT W. GANGER Jame 27, 2013 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA John Lehr, Jr. Florida Power & Light 2455 Port West Blvd. West Palm Beach, FL 33407-1298 Telephone (561) 276-5116 Fax (561) 737-6166 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Dear Mr. Lehr: Please find enclosed the Underground Facilities Conversion Agreement that we have executed on behalf of the Town of Gulf Stream. Please return a fully executed copy to the undersigned. If you have any questions or we have failed to property execute the document, do not hesitate to call. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 a FPL - To: Town of Gulf Stream Date: Address: 100 Sea Rd., Gulf Stream, FL 33483 Job: WR#: Attention: Mr. Danny Brannon, P.E. We Are Sending You: ❑ Herewith ❑ Under Separate Cover ❑ Reports ❑ Tracings ❑ Drawings ❑ Submittals ❑ Specifications ❑ Samples ® Contracts ❑ Other No. Sheet No. Date Description Florida Power & Light Company 2455 Port West Rd. West Palm Beach, FL 33407 561.845.4624 7-8-2013 Gulf Stream Conv - Phs . #1 4442448 Sent By: ❑ Hand -delivered ❑ Hold for Pickup ❑ Messenger ❑ Mail ® UPS ❑ Federal Express Remarks: Gulf Stream Conv - Phs . #1- G.A.F. Agrmt. - Final Transmitted: ❑ At Your Request ❑ For Your Information ❑ For Your Comments ❑ For Your Approval ® For Your Use ❑ For Distribution ❑ Furnish as Submitted ❑ Furnish as Corrected 71 Revise and Resubmit Copies To:: Very truly yours, Florida Power & Light Company By: John C. Lehr, Jr.