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HomeMy Public PortalAbout10-8096 Florida Power and Light Sponsored by: Mayor Kelley RESOLUTION NO. 10-8096 A RESOLUTION OF THE CITY COMMISSION OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO MOVE FORWARD WITH FLORIDA POWER AND LIGHT (FPL), CITYWIDE STREET LIGHTING PROJECT, AT AN INCREASED ANNUAL COST OF THIRTEEN THOUSAND THREE HUNDRED THIRTY-FIVE DOLLARS AND EIGHTY-FOUR CENTS ($13,335.84) AND A ONE-TIME INSTALLATION FEE OF $4,732.92; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to upgrade the street lights in the City of Opa-locka; and WHEREAS, the City of Opa-locka will implement a Citywide street lighting project to enhance the lighting in sections of the City where there is inadequate lighting; and WHEREAS, the enhancement of street lights will provide illumination of the City streets and be a deterrent in alleviating mischief within the City; and WHEREAS, the cost associated with the street lighting project is an annual increase of $13,335.84, and the City will pay a one-time installation fee of $4,732.92 to Florida Power and Light (FPL) Utility Company. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 10-8096 Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to move forward with the Citywide Street Lighting Project with Florida Power and Light (FPL), for an annual increase of $13,335.84, and a one-time installation fee of $4,732.92 with the funds payable from account#19-519430. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 14 day of Lily,2010. '1 ' L. KELLEY • YOR /- Attesttu c " 1e5)--:" borah S. Irby City Clerk Approved as to m and legal suffic. cy: LIkfr r ill JMse s' Geller City • ttorney Moved by: JOHNSON i Seconded by: TYDUS Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson:YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1513812v] OPp-LOCkQ'\ OF (0 a 9 0 v; a 4), iF i_ " � v 0 01 \A"oRGZEO. Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson mmissioner Rose Tydus FROM: arance Patterson, ity anager DATE: June 28, 2010 RE: FPL Citywide Street Lighting Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO MOVE FORWARD WITH FLORIDA POWER AND LIGHT (FPL) CITYWIDE STREET LIGHTING PROJECT AT AN INCREASED ANNUAL COST OF$13,335.84 PAYABLE FROM ACCOUNT 19-519430. Description: The City is implementing a Citywide street lighting project. This project involves upgrading one hundred sixty-two(162) street lights from 100 watt bulbs to 400 watts. This enhancement will illuminate sections of the City that are experiencing dark patches of light as well become a tool to alleviate mischief within the City. Financial Impact: Cost associated with citywide street lighting project is an increase of $13,335.84 per year payable from account#19-519430. The City will also pay a one-time installation contribution in the amount of$4,723.92 to FPL towards the project. Implementation Time Line: Lighting will be completed in phases upon approval of resolution. Legislative History: None Recommendation(s): Staff Recommends Approval Agenda Item: FPL Citywide Street Lighting 1 Analysis: Current Cost 100 Watt: Current Cost per Light $11.54 Number of Lights: x 162 Current Monthly Cost: $1,869.48 Current Annual Cost: $22,433.76 New Upgrade Cost 400 Watt: New Cost per Light: $18.40 Number of Lights x 162 New Monthly Costs: $2,980.80 New Upgrade Annual Cost $35,769.60 New Upgrade Annual Cost $35,769.60 Current Annual Cost: (-) $22,433.76 Increase in Annual Cost $13,335.84 Attachments: 1) Three(3)Diagrams of City's street lighting layout 2) Email dated 05/24/10 from Jorge Grillo,FPL Representative 3) FPL Agreements to begin project: a) One Hundred Fifty Nine(159)Lights Installation Work Order#3777621, for$4,636.44(One-time Fee) b) Three(3)Lights Installation Work Order#3777611 for$87.48 (One-time Fee) Prepared by: Kathy Phillips,Executive Secretary End of Memorandum Agenda Item: FPL Citywide Street Lighting 2 Page 1 of 1 Kathy Phillips From: Lavelle Jenrette Sent: Monday, May 24, 2010 3:49 PM To: Kathy Phillips Subject: FW: 400 Watt Street Lights Opa Locka Ms. Phillips from what I read on this email the total cost for the 400 watts is $1.8.40 if I am reading this email correct. Let me know if this is how you see it also Lavelle From: Grillo, Jorge [mailto:Jorge.Grillo @fpl.com] Sent: Monday, May 24, 2010 3:17 PM To: Lavelle Jenrette Subject: RE: 400 Watt Street Lights Opa Locka Lavelle, As per your request, based on the current Tariff and Billing Adjustments,the additional monthly cost for the new upgrade from 100 Watts ($11.54 per month)to a 400 Watts Street Light is approximately$6.86 per light. Please let me know if you need additional information. Thank You 162_ Jorge I,iiY L32. Ib ic1R&JSE PEi 11TH 4 1 '�, H01111-1-5 13`33'5. Akitjt QL Jkiii4--) 5/25/2010 Ia z . 0 4. vi o I I g oovZ m n LL N m 2 e zZ 4 0 m ° mM 3 a ° N m -gg 0 °r 7 n.1- cl a a 0 . m ra ex g 0 m ® 6 O � Z 4 Y Y a N u I Y = us e c F. \ < V F6F ; Jib) I g• N z � P Y I : I.aasiya� en I i °—$2°z b 1. E ' F. ten ii J m A W T i ► f z ID0a 0 o E g a 111 *111111 oy w cv o N y5� z < v 0 G c R CV 0 N °Z ZU ° I1' 4‘.. 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I : i 0 IS ! 0040 j aP Ina t AHMAO ST i z z z o `s ® S 2 G� K i a troll m 6d® �$I g f $ sm pi W g z as e •- = p !0O :; G o d V $ o S� x1 R !; 0 Oros t o °a G I ' �? 0 `7` 999 a s z z - m 1m 11 1aaaIr. ° m 0 y g . 4 m w d ,/ I . COMM ST : d R r a d e )m m g � � m m o \"a. S 4 i 1 p• I P� . • i m v v 'ems°' �3 W p'4 0 N al O m cc 0 c Z a I I , : W S s y °O m _, 3 t � e o $• I e I I 4.1 % m oli � 1;k o O y= < `3 FPL FPL Account Number:50488-74852 FPL Work Order Number:3777621 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions,City of Opa-Locka(hereinafter called the Customer),requests on this 7th day of April,2010,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 street lighting facilities at(general boundaries)Opa-Locka, located in Opa-LockaIMiami-Dade,Florida. (city/county) (a) Installation and/or removal of FPL-owned facilities described as follows: Liahts Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed (in Lumens) (in Lumens) 50,000 SCH 159 9,500 SCH 90 16,000 SCH 60 22,000 SCH 9 Poles Installed Poles Removed Conductors Installed Conductors Removed Pole Type #Installed Pole Type #Removed Feet not Under Paving Feet not Under Paving Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above(explain fully): 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 street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System,and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of$4.636.44 prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying,when due,all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. 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 Street Lighting System. 6. 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 street lighting facilities. Page I of 2 IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities;and c. the removal of street 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 street lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 8. FPL will,at the request of the Customer,relocate the street 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 street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may,at any time,substitute for any luminaire/lamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term of ten(10)years from the date of initiation of service,and,except as provided below,shall extend thereafter for further successive periods of five(5)years from the expiration of the initial ten(10)year term or from the expiration of any extension thereof. 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. This Agreement shall be extended automatically beyond the initial the(10)year term or any extension thereof,unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety(90)days before the expiration of the initial ten(10)year term,or any extension thereof. 11. In the event street lighting facilities covered by this agreement are removed,either at the request of the Customer or through termination or breach of this Agreement,the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation(based on current depreciation rates as approved by the FPSC)plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of 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. 13. 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. 14. 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. 15. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL. 16. 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 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: City of Opa-Locka FLORIDA POWER&LIGHT COMPANY Customer(Print or type name of Organization) By: By: Signature(Authorized Representative) Signature) Clarence Patterson Ana Abaunza za (Print or type name) (Print or type name) Title: City Manager Title: Construction Services Representative Page 2 or2 FPL FPL Account Number:50478-76825 FPL Work Order Number.3777611 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions,City of Om-Locke(hereinafter called the Customer),requests on this 7th day of April,2010,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 street lighting facilities at(general boundaries)Opa-Locka, located in Ooa-LockalMlami-Dade,Florida. (city/county) (a) Installation and/or removal of FPL-owned facilities described as follows: Liohts Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed (in Lumens) (in Lumens) 50,000 SCH 3 9,500 SCH 1 22,000 SCH Poles Installed Poles Removed Conductors Installed Conductors Removed Pole Type #Installed Pole Type #Removed Feet not Under Paving Feet not Under Paving Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above(explain fully): 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 street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System,and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of$87.48 prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying,when due,all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. 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 Street Lighting System. 6. 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 street lighting facilities. Page 1 of IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities;and c. the removal of street 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 street lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 8. FPL will,at the request of the Customer,relocate the street 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 street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may,at any time,substitute for any luminaire/lamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term of ten(10)years from the date of initiation of service,and,except as provided below,shall extend thereafter for further successive periods of five(5)years from the expiration of the initial ten(10)year term or from the expiration of any extension thereof. 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. This Agreement shall be extended automatically beyond the initial the(10)year term or any extension thereof,unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety(90)days before the expiration of the initial ten(10)year term,or any extension thereof. 11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach of this Agreement,the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation(based on current depreciation rates as approved by the FPSC)plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of 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. 13. 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. 14. 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. 15. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL. 16. 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 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: City of Opa-Locka FLORIDA POWER&LIGHT COMPANY Customer(Print or type name of Organization) By: By: Signature(Authorized Representative) (Signature) Clarance Patterson Ana Abaunza (Print or type name) (Print or type name) Title: City Manager Title: Construction Services Representative Pagc 2 012