HomeMy Public PortalAbout2007-48 Grapetree Drive Agreement with FPL for Designing, Supplying and Installing Street LightsRESOLUTION NO. 2007-48
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING STREET LIGHTING
FOR GRAPETREE DRIVE (THE "PROJECT");
AUTHORIZING THE PROJECT; AUTHORIZING
AGREEMENT BETWEEN THE VILLAGE AND FPL FOR
DESIGNING, SUPPLYING AND INSTALLING STREET
LIGHTING EQUIPMENT; PROVIDING FOR AN EFFECTWE
DATE.
WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires
to authorize the expenditure of Village funds for the installation of equipment and related services
(the "Equipment") for public street lighting, upon public right-of-way at Grape Tree Drive which
right -of- way is owned or controlled by the Village; and
WHEREAS, it is necessary to expeditiously proceed with the procurement and installation
of the Equipment by FPL; and
WHEREAS, any Village competitive bidding procedures for the Project may be waived by
the Village Council pursuant to Village Code Section 2-85 upon the Council finding, as is hereby
found, that it is impractical to apply such competitive bidding procedures in light of the need to
expeditiously complete the installation of the Equipment, and of the unique ability of FPL to design,
install and provide the Project facilities and that public bidding is not otherwise mandated by state
law; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this Resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Work Authorized. Specification of Funds.
A. That the Project is hereby approved and authorized, subject to the condition that the
cost shall not be more than Seventy Four Thousand, Two Hundred Fifty Two ($74,252.00) Dollars.
B. That the fund amount and source for the Project is hereby authorized and approved
as described in the Village Manager's memorandum which accompanies this Resolution.
Section 3. Agreement Approved. That the Village Manager is hereby authorized to
negotiate and enter into an Agreement with FPL for the accomplishment of the Project (the
"Agreement") in a form and substance approved by the Village Attorney, which is consistent with
the standard format routinely used by the Village for such purpose and is consistent with the
requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the
,
Village Attorney as to form and legal sufficiency.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to fully implement the purposes of this Resolution, the Agreement
and the Project transaction.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 23rd day of October , 2007.
2
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE AT'IORNF
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F:\100\ 103001\Resolutions\Authorizing Lighting Improvement 10-09-2007.doc
3
VILLAGE OF KEY BISCAYNE
Office of the Village Manager
Village Council
Robert L Vernon, Mayor
Jorge E Mendia, Vice Mayor
Michael Davey
Enrique Garcia
Steve Liedman
Thomas Thornton
Patricia Weinman
Village Manager
Genaro "Chip" Iglesias
DATE:
TO: Honora - ayor and M s of the Vill e Council
FROM: Genar
October 9 2007
p" Iglesias, i la t i Manager
RE: Grapetree Drive Street Lighting Project
RECOMMENDATION
It is recommended that the Village Council approves the agreement submitted by
Florida Power and Light for the Grapetree Drive Lighting Project in the amount of
seventy four thousand two hundred fifty two dollars ($74,252.00), attached hereto.
BACKGROUND
On May 15th, 2007, Council approved to provide Florida Power and Light a deposit in
the amount of $775.00 as per their Non -Binding Cost Calculations proposed in the
amount of thirty eight thousand, seven hundred sixty dollars and seventy cents
($38,760.70).
On May 22nd, 2007, Council waived the biding process for the installation of the street
lighting equipment on Grapetree Drive in the amount not to exceed fifty thousand dollars
($50,000.00) pursuant to the resolution number 2007-23.
The funding for this project, in the amount of one hundred thousand dollars
($100,000.00), was set aside during the budgeting process in September 2006, under
Capital Improvements.
cc:
Randy White, Village Finance Director
David M. Wolpin, Esq., Village Attorney
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
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FPL
Payment Coupon
/610101200004221230000753933002524700082010101
General Mail Facility
Miami. FL. 33188-0001
B 01012 0000753933 8 2 01 01 01
Please mail this portion with your check
VILLAGE OF KEY BISCAYNE
88 W MCINTYRE
KEY BISCAYNE FL 33149
Cust. No.: 422123 Inv. No.: 753933
This Month's
Charges
Past Due After
Amount Due
This Invoice
74,252.00
Make check payable to FPL in US funds and mall payment to address t
FPL
GENERAL MAIL FACILITY
MIAMI FL 33188-0001
Florida Power & Light Company Federal Tax IDS: 59-0247775
INVOICE
Customer Name and Address
VILLAGE OF KEY BISCAYNE
88 W MCINTYRE
KEY BISCAYNE FL 33149
Customer Number: 422123
Invoice Number: 753933
Invoice Date: 10/04/2007
S 01012 0000753933 8 2 01 01 01
Please Retain This Portion for your Records
CURRENT CHARGES AND CREDITS
Customer No: 422123 Invoice No: 753933
DESCRIPTION
QUANTITY
PRICE
AMOUNT
PL-PREM LIGHTING LUMP SUM>$10K
WR#2814819 FACILITY CHARGE LUMP SUM
MINUS ENGR DEP$775 oD atfria oS L
1
74,252.00
74,252.00
For Inquiries Contact:
A OLIVER
Phone: (800) 847-5484
Total Amount Due $74,252.00
This Month's Charges Past Due After
Messages
Florida Power & Light Company
General Mail Facility
FLORIDA POWER & LIGHT COMPANY
Fourth Revised Sheet No. 9.120
Cancels Third Revised Sheet No. 9.120
FPL Account Number: 02635-62480
FPL Work Order Number '2814619
PREMIUM LIGHTING AGREEMENT
In accordance with the following terms and conditions, Village of Kev Biscavne
(hereinafter called the Customer), requests on this 4th day of
October 2007 , from FLORIDA
POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the
State of Florida, the following installation or modification of premium lighting facilities at (general boundaries)
V/O Grapetree Drive
located in I , Florida.
(city/county)
(a) Installation and/or removal of FPL-owned facilities described as follows:
Lights Installed
Lights Removed
Fixture Fixture Type # Installed Fixture Fixture Type # Removed
Rating Rating
(In Lumens) (In Lumens)
I Acorns
Poles Installed Poles Removed
Pole Type # Installed Pole Type # Removed
(b) Modification to existing facilities other than described above (explain fully):
Total work order cost is $64,651.00
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as
follows:
FPL AGREES:
1. To install or modify the premium lighting facilities described and identified above (hereinafter called the
Premium Lighting System), furnish to the Customer the electric energy necessary for the operation of the
Premium Lighting System, and furnish such other services as are specified in this Agreement, all in
accordance with the terms of FPL's currently effective Premium Lighting rate schedule on file at the Florida
Public Service Commission (FPSC) or any successive Premium Lighting rate schedule approved by the
FPSC.
(rnntinunei pin Qhnn/ Ain A 4.14)
Issued by:
Effective: March 7, 2003
S.E. Romig, Director, Rates and Tariffs
FLORIDA POWER & LIGHT COMPANY
Fourth Revised Sheet No. 9.121
Cancels Third Revised Sheet No. 9.121
(Continued from Sheet No. 9.120)
THE CUSTOMER AGREES:
2. To purchase from FPL all of the electric energy used for the operation of the Premium Lighting System.
3. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective Premium
Lighting rate schedule on file at the FPSC or any successive Premium Lighting rate schedule approved by the
FPSC, for facilities and service provided in accordance with this Agreement.
4. To provide access, final grading and, when requested, good and sufficient easements, suitable construction
drawings showing the location of existing and proposed structures, Identification of all non-FPL underground
facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and
completing the construction of FPL facilities associated with the Premium Lighting System.
5 To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction,
and drainage of rights of -way or easements required by FPL to accommodate the premium lighting facilities.
IT IS MUTUALLY AGREED THAT:
6. Modifications to the facilities provided by FPL under this Agreement, other than for maintenance, may only be
made through the execution of an additional Premium Lighting Agreement delineating the modifications to be
accomplished. Modification of FPL premium lighting facilities is defined as the following:
a. the addition of premium lighting facilities;
b. the removal of premium lighting facilities; and
c. the removal of premium lighting facilities and the replacement of such facilities with new facilities and/or
additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective Premium Lighting rate schedule
on file at the FPSC, or any successive schedule approved by the FPSC.
7. FPL will, at the request of the Customer, relocate the premium lighting facilities covered by this Agreement, if
provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of
all costs associated with any such Customer -requested relocation of FPL premium lighting facilities.
8. FPL may, at any time, substitute for any luminarie/lamp installed hereunder another luminarie/lamp which shall
be of at least equal illuminating capacity and efficiency.
9. FPL will ensure the facilities remain in working condition and it will repair any facilities as soon as practical
following notification by the Customer that such work is necessary. The Company agrees to make reasonable
effort to obtain facilities for use in repairs or replacement to match the original facilities. The Company,
however, does not guarantee that facilities will always be available as manufacturers of facilities may no longer
make such facilities available or other circumstances beyond the Company's control. In the event the original
facilities are no longer available, FPL will provide and the Customer agrees to a similar kind and quantity,
10. This Agreement shall be for a term of twenty (20) years from the date of initiation of service. The date of
initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of
this Agreement. At the end of the term of service, the Customer may elect to execute a new Agreement based
on the current estimated replacement cost
11. The Customer has elected to pay for these facilities as described in this Agreement by either paying
a. a lump sum of in advance of construction, (reflects deposit already given for $775.00) or,
b. . ' per month for a period of (10) ten years, or
c $NIA per month for a period of (20) twenty years.
12. The monthly Maintenance Charge is $335 60 . This charge may be adjusted subject to review and approval by
the Florida Public Service Commission.
13. The monthly Billing Charge is $ None . This charge may be adjusted subject to review and approval by the
Florida Public Service Commission.
(Continued on Sheet No. 9.122
Issued by: S.E. Romig, Director, Rates and Tariffs
Effective: March 7, 2003
Fourth Revised Sheet No. 9. 122
FLORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9. 122
(Continued from Sheet No. 9.121)
14. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of
FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the
Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed
to by FPL.
15. Should the Customer fail to pay any bills due and rendered pursuant to this Agreement or otherwise fail to
perform the obligations contained in this Agreement, said obligations being material and going to the essence of
this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due
and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights
hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the
supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve
the Customer of the obligation to perform any of the terms and conditions of this Agreement.
16. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate the
Premium Lighting Agreement by giving the Company at least (90) ninety days advance written notice to the
Company. Upon early termination of service, the Customer shall pay an amount computed by applying the
Termination Factors, as stated in rate schedule PL -1, to the total work order cost of the facilities, based on the
year in which the Agreement was terminated These Termination Factors will not apply to Customers who
elected to pay for the facilities in a lump sum in lieu of a monthly payment At FPL's discretion, the Customer
will be responsible for the cost to the utility of removing the facilities.
17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from
complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or
causes not under the control of the party thus prevented from compliance, and FPL shall not have the obligation
to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or
entire shut -down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of
repairing or making more efficient all or any part of its generating or other electrical equipment.
18 This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise
between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire
Agreement between the parties. This Agreement does not create any rights or provide any remedies to third
parties or create any additional duty, obligation or undertakings by FPL to third parties.
19. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer
and FPL
20. 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 FPSC, as they are now written, or as they may be hereafter
revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the
provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules
shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly
authorized representatives to be effective as of the day and year first written above.
Charges and Terms Accepted:
Village s Key Biscayne
Customer
By:
Signature (Authorized Represe Live) (Si! .ture)
FLORIDA POWER & LIG, COMPANY
k@M?
( rint or type name)
Title %\\CX,1 `Cklf
Lou Perez
(Print or type name)
Title- MAIdg C05iuri4 t,1A1�Rf>
Issued by: S.E. Romig, Director, Rates and Tariffs
Effective: March 7, 2003