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Backup Documents 09/25/2018 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 06 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 9/25/18 4. BCC Office Board of County R5 b q nQ��/ Commissioners -s A 51 1 o�0 'D 5. Minutes and Records Clerk of Court's Office 019//8 Ci: PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Harry Sells/Public Transportation Contact Information 239-252-4980 Contact/Department Agenda Date Item was September 25,2018 Agenda Item Number Approved by the BCC 16b6 Type of Document Underground Facilities Conversion Agreement Number of Original 2 Agreements Attached (UFCA)with Florida Power&Light Company Documents Attached (FPL)for Phase IV of the Vanderbilt Beach Municipal Service Taxing Unit(MSTU)Utility Conversion Project and to approve payment to FPL in the amount of$287,680 for materials and services as received and provided by FPL PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/25/2018 and all changes made during SRT the meeting have been incorporated in the attached document. The County t ' Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ( - BCC,all changes directed by the BCC have been made, and the document is ready for the % ���, � ` Chairman's signature. s ***Please send a copy to FPL (contact information attached via email).*** 1606 MEMORANDUM Date: September 28, 2018 To: Harry Sells, MSTU Project Manager Public Transit & Neighborhood Enhancement From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Underground Facilities Conversion Agreement w/FPL for Phase IV of the Vanderbilt Beach MSTU Utility Conversion Project Attached for your record is an original of the item referenced above, (Agenda Item #16D6) adopted by the Board of County Commissioners September 25, 2018. The Minutes & Records Department has retained the second original for the Board's Official records. We have emailed FPL (per your memo) with a copy of the agreement. If you have any questions, please call me at 252-8411. Thank you. Attachment (1) 16D6 MEMORANDUM Date: September 28, 2018 To: Tom Allain, General Manager Central Maintenance Florida Power & Light From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Underground Facilities Conversion Agreement w/FPL for Phase IV of the Vanderbilt Beach MSTU Utility Conversion Project Attached for your record is a copy of the item referenced above, (Agenda Item #16D6) adopted by the Board of County Commissioners September 25, 2018. If you have any questions, please call me at 252-8411. Thank you. Attachment (1) 1 6 D6 Eighth Revised Sheet No.9.725 FLORIDA POWER&LIGHT'COMPANY Cancels Seventh Revised Sheet No.9.725 UNDERGROUND FACILITIES CONVERSION AGREEMENT— GOVERNMENTAL ADJUSTMENT FACTOR WAIVER This Agreement is made and entered into this (25* day ofagt 20 , by and between the BOARD OP COMMISSIONERS FOR COLLIER COUNTY ("Local Government Applicant"), a Florida municipal corporation or county with an address of 3299 Tamiami Trail,East,Naples,Florida 34112 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 PPL convert certain overhead electric distribution facilities located within the following boundaries(the"Conversion"): Phase#4-Along Vanderbilt Dr. between Bluebill Ave. &Wiggins Pass. (collectively, the"Existing Overhead Facilities") (WR#5686945)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")(see attached drwgs.WR#5686943) 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: I. 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 i ? 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 CIAC as calculated before application of the GAF Waiver. Special Circumstances. Conversions which do not meet the project size minimums described in section 1.a are eligible for the GAF Waiver in the following special circumstances: . L 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 1,, -` `? 1 606 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-areed engineering or logistical reasons,those phases are non-contiguous;provided that (a)the next(4 )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 4a4 phase begins within 1 year from completion of the 3`d phase. • 2. Contribution-hi-Aid-of-Construction (CIAC). The Local Government Applicant shall pay FPL a CIRC 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 $_ 623,614 • ii. GAF Waiver $ 328,152 • ,•• CIAC Due S 295,462 (Cust.performs ALL UG wort() . In 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 CIRC 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 pwas 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 I i failure. Additionally,if at any point within 30 years of completion of the Underground Facilities installation,the i• 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)130) • (Continued on Sheet No•9.727) Issued by: S.k;.Romig,Director,Rates and Tariffs Effective: April 4,2006 1606 FLORIDA POWER&LIGHT COMPANYOriginal 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,teens,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 Local 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. f � 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 ^ and the Local Government Applicant have executed this Agreement on the date first set forth above. - BOARD • CO: FLORIDA POWER&LIGHT COMPANY ICOR C• LIE• e • E Sign4 '� Signed iwr-". Name �11C,1� Name 114.06"4"s Atla: Title C[►Vt\t mt:a.t'1 Title 6$44,..-t ?Aa+.wpgo.,... CoAC- ee03.7..w..s Signed ..r-- Name ATTEST: • ` \\ Title CRY L K. KIN ., CLERK elcii7L-.____y Approved as to Terms and Conditions tt eic ., dst as o i Z. Signed S' l•Qu tre only.i � ;eN. f Name Title Approve. .. 'For' an gal S ciency i E ■ ` ' Signe! it 1 • Name _GO �. PII"AV N. TitleK ! (4)V,r Issued by: S.E.Romig,Director,Rates and•Tariffs Effective: April 4,2006 1 i 1606 Overhead to Underground Conversion-Customer Cost Sheet Project:Collier Cty.-Phase#4 Date Estimate Provided to Customer: May 29,2018 Customer Performs All UG Work Underground Cost New UG Installation(+) $854,764 Cost for FPL to install new underground facilities Equivalent OH Installation(-) ($241,891) Cost to install an overhead system at current hardening standards ' Existing Overhead Cost . OH Removal&Make Ready Cost (• $0 Cost for FPI.,to remove existing overhead facilities Existing OH Value(+) $0 Net Book Value of existing OH facilities to be removed Operational Cost Diff (+) $10,741 ' Salvage Value(-) $0 Credit for re-usable Items { Subtotal' $623,614 Total customer contribution as specified In Tariff 12.2.3 I GAF ($328,152) CIAC' $295,462 Engineering Deposit(-) ($7,782) Engineering deposit previously collected • Net Due FPL $287,680 Total customer contribution owed • �'y.�i rte'`3'&` zj+`sl.:ter u ,Fsu��,q a a r T �x A• r e 3: - �y, g`u gg ' �r,"kya. vvaurii..t.,'�c*.,.g;'i,;,{.t''' 7e .Y.,a., .� c4 'l?.,'+ "t33�'aq` 6.u)' :. w, �ctif',4>;i S°?' _ �}z-r, I Cost Breakdowns for Customer Contributions • Direct Engineering, Total LaborNehicle Material i Supervision,and Support . New UG Facilities(+) $854,764 $0 $588,474 $266,290 Credit for equivalent OH(-) ($241,891) ($140,124) ($86,988) ($44,779) OH Removal Cost (+) $0 $0 $0 • $0 • - f ' Total $612,873 ($110,124) $601,486 $221,611 Net Book Value(s) $0 Operational Cost Diff(+) $10,741 (1.2 miles) Salvage Value(-) $0 Subtotal' $64614 GAF ($328,152) �. CIAC" $296,462 Engineering Deposit(-) ($7,782) Engineering deposit previously collected Net Due FPL' $287,680 014.S.,:. 'ci 'k -art s'`ia4e4�,y;, � areea.T,'m g- `,e? . � sf3rt' Ry�3'^.'.afcT,y't t KxT .Ant :4Y,`' Ai-�-'!G"S?d,;,',-��' .Fiut �7trst!. .,x::x4:c�l�,ys3.7c. .'��'- �lr:?�'�7vIK �,ti -22tt x:3�i.� �:ti....ifi.. { +''-;:8:. a t Major Material Breakdown Quantity Item 30,324 Primary UG Cable(feet) Install 6 UG Switch Cabinet(VISTA'S) • 6 UG Transformer(each) 8 Splice box for UG feeder(each) 1 18,960 OH Primary Conductor(feet) j Remove 30 Poles(each) 4 OH Transformer(each) ! 1 1,161 Primary UG Cable(feet) I I II t