Agenda 11/10/2009 Item #16B 3
Agenda Item No. 1683
November 10, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board approve an Underground Facilities Conversion
Agreement and authorize payment to Florida Power & Light Company in the amount of
$23,242.00 required under the UFCA for conversion of certain overhead electric
distribution facilities located on Channel Drive within the Vanderbilt Beach Municipal
Service Taxing Unit for underground distribution.
OBJECTIVE: Obtain the Board's approval of the Underground Facilities Conversion
Agreement ("UFCA") and to authorize payment to Florida Power & Light Company in the
amount of $23,242.00 as required under the UFCA for conversion of certain overhead electric
distribution facilities located on Channel Drive within the Vanderbilt Beach Municipal Service
Taxing Unit (the 'MSTU') for underground distribution.
CONSIDERATIONS: This Executive Summary seeks Board approval of a required
Underground Facilities Conversion Agreement between Collier County in its capacity as the
governing body of the MSTU and Florida Power & Light Company (FPL) and for Board
authorization to remit payment to FPL in the amount of $23,242.00 so that FPL may commence
converting overhead utilities underbTfound.
Back2:round
,-
1. On December 11, 2007, Collier County Board of County COlmnissioners approved a
"Right of Way Agreement" with FPL for the conversion of overhead power to
underground within the MSTU.
2. On April 2, 2009, the Vanderbilt Beach MSTU Committee voted unanimously (5-0) to
recommend that the poles on Channel Drive be converted to underground because of the
presence of a new construction project (new residentiaJ unit under construction). By
undertaking the project before completion of the new construction project, a real 'cost
benefit' is realized to the MSTU by expediting the conversion of overhead utilities on
Channel Dlive rather than going back after construction is concluded. This project
involves underground conversion of 4 properties originally identified as the "Channel
Drive Project."
3. On September 21,2009, FPL provided an Engineering Cost Estimate for Channel Drive
Project; Project total is $23,242.
4. On October 16, 2009, provided the Underground Facilities Conversion Agreement for
Channel Drive Project.
Upon execution of the UFCA the Channel Drive Project can be move toward final conversion to
underground distribution facilities. Tn addition to realizing a cost benefit to the MSTU by
...- approving the UFCA, the Channel Drive Project will also allow the county and FPL to review on
Agenda Item No. 1683
November 10, 2009
Page 2 of 8
a smaller basis issues that might arise when the remainder of the overhead utilities within the
MSTU are subsequently converted to underground distribution at a future date.
FISCAL IMPACT: Funds are available in Fund 143 Vanderbilt Beach MSTU Fund in the
amount of$23,242.00
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attomey's Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: Recommendation that the Board approve the Underground Facilities
Conversion Agreement with Florida Power & Light Company (FPL) and authorize payment to
FPL in the amount of $23,242.00 in order to have FPL convert certain overhead electric
distribution facilities on Channel Drive located within the Vanderbilt Beach Municipal Service
Taxing Unit for underground distribution
Prepared By: Darryl Richard, RLA, Project Manager, Alternative Transportation Modes
Attachments: (1) Underground Facilities Conversion Agreement for Channel Drive Project; (2)
FPL Engineering Cost Estimate for Channel Drive Project.
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.1 ae;~ .1 V.l L..
Agenda Item No. 1683
November 10, 2009
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B3
Meeting Date:
Recommendation that the Board approve an Underground Facilities Conversion Agreement
(UFCA) and authorize payment to Florida Power & Light Company in the amount of
$23,242.00 required under the UFCA for conversion of certain overhead electric distribution
facilities located on Channel Drive within the Vanderbilt Beach Municipal Service Taxing Unit
for underground distribution.
11/101200990000 AM
Prepared By
Darryl Richard
Project Manager
Date
Transportation Services
Alternative Transportation Modes
10/26f2009 8:39:01 PM
Approved By
Darryl Richard
Project Manager
Date
Transportation Services
Alternative Transportation Modes
10fZ6fZ009 8:43 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/27/20099:42 AM
Approved By
Caroline Soto
Administrative Assistant
Date
Transportation Services
Transportation Engineering and
Construction
10/27f2009 11 :47 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10f27f2009 6:32 PM
Approved By
Pameia J. Lulich
Project Manager
Date
Transportation Services
Alternative Transportation Modes
10/28/20099:02 AM
Approved By
Rhonda Rembert
Contract Specialist
Date
Administrative Services
Purchasing
1Q/29/2009 1:19 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
10f29/2009 3:31 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
~1_.11r't.\ A -_._..J_"T'__......\-r___~_~"..L.\1~O ")",T_______l____1A '"""'II{){)()\1/': r-Ir-'\'lrI.TClr:..,..Trr "nT:l\T~A\1,,(""n "T'Tl A
11/A I~I"\^A
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Agenda Item r~o. 683
r'Jovember 10, 2009
Page 4 of 3
County Attorney
County Attorney Ofiice
10/30/200910:37 Af"JI
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Servic.?s Admin
1 0130/2009 10:40 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
10/30/2009 1 :04 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attoril'?y Office
10/30/2009 2:33 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/30/20093:31 PM
..c::l_./Ir-<..\ A __~_-1_'T'__,"-\r'__.___......\1""'O 1>..T__~____L__~ if\. ""(\{\{1\1C 0flr.1I.."7e<r'1I..T"T' A0r:'1\,TT"'\A\1[-n rrn A
11/AI,...f\.{\{'\
-
N_UG Facilities (.)
Creeld lor equfvelenl OH (-)
OH RltmOlllll (+)
Total
NatBook V~Ul!l (+)
SsIvI5ge Value (0)
Subtotal
Engineering Deposit (-)
Operellonlill Costs (.)
ASFlC (-)
Net Olla FPl
Ryan Drumm
Engineer I
Bonita Springs Service Center
26430 Old 41 Road
Bonita Springs, FL 34135
Office: 239-947-7341
FAX: 239-947-7345
Cell: 239-851-1683
www.fol.com
""'-.
Collt &8elWowns for Culilto_r Co!llril:u.ltionll
Total
Lct.borNehlde
$28.298
(SlC.9ii')
$6 ~19
'23,7811
$0
to
S23.78'
sn
$665
($1<23)
123.242
tli,.592
~"Il5<9, .
1m:
'16,643
to4l'.1lerial
'7,772:
('1.74S) .
57"" . .
n187
Agenda Item No. 1683
November 10. 2009
Page 5 of 8
Direct Eft9llIaering.
SUPeMlIio1l.. OIld
Support
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suso
FLORIDA POWER & LIGHT COMPANY
,A.genda Item 1'-10. 1 ;383
r'~ov2mber 10. 2009
Page 6 of 8
Third Revised Sheet No. 9.720
Cancels Second Revised Sheet No. 9.720
UNDERGROUND FACILITIES CONVERSION AGREEMENT (NON-GAF)
This Agreement, is made and entered into this day of , 20_, by and between the
_Vanderbilt Beach Beautification Municipal Service Taxing Unit, by and through its governing body, the Board of
Commissioners for Collier County, Florida (hereafter, "Vanderbilt MSTU"), the Board of Commissioners for Collier County,
Florida (hereafter, "Applicant"), with an address of 330 I Tamiami Trail, East, Naples, Florida and FLORlDA 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 Applicant has requested that FPL convert certain overhead electric distribution facilities located within the
following boundaries (the "Conversion"):
_Along the west end of Channel Drive, in Naples, Florida (Vanderbilt Beach MSTUL (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:
1. Avoided Storm Restoration Cost ("ASRC") Eligibility Criteria. The Applicant represents and warrants that it meets,
and is capable and willing to enforce, the applicable eligibility criteria for the Conversion (select one of the following
ASRC Tiers):
U ASRC Tier 1:
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 I year period from
completion of the prior phase and the minimums are met within, at most, 3 phases; and
b. The 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. If the Applicant requests that facilities be placed in the ROW, the Applicant must be willing and able to
execute a right of way ("ROW") agreement with FPL or secure a ROW agreement through the appropriate
local govemment(s) with FPL; and
d. For any affected laterals, the complete lateral must be converted, including all stages of any multi-stage lateral;
and
e. There are no state or federal funds available to the Applicant to cover any portion of the cost of the
Conversion.
Special Circumstances. Conversions which do not meet the Tier I project size minimums described in section 1.a
are eligible for the ASRC in the following special circumstances:
i. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or
11. When the aggregate size of the first 3 phases ofa 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 (4th) 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 4th phase begins within I year from completion of the
3rd phase.
(Continued on Sheet No. 9.721)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: November 13,2008
Agenda Item No. 1683
November 10, 2009
Page 7 of 8
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FLORIDA POWER & LIGHT COMPANY
Original Sheet No. 9.721
(Continued from Sheet No. 9,720)
U ASRC Tier 2. All eligibility criteria remain the same as Tier I with the exception that the Conversion Area must only
include between approximately 1 to 3 pole line miles or a minimum of approximately 85 detached dwelling units within
contiguous or closely proximate geographic areas.
(X) ASRC Tier 3. A Conversion Area that is less than 1 pole line mile within contiguous or closely proximate geographic
areas. Additionally, Tier I requirements for project completion timing in paragraph I.a., as well as, paragraphs I.b. and
l.d. do not apply.
2. Contribution-in-Aid-of-Construction (CIAC). The Applicant shall pay FPL a CIAC as required by FPL's Electric Tariff and
Section 25-6.115 of the Florida Administrative Code.
i. CIAC (excluding ASRC) $_24,465
ii. ASRC $_ 1,223
iii. CIAC Due $ 23.242 ( FPT , nerforms all work)
In the event the actual cost of the Conversion (excluding ASRC) exceeds the estimate, the CIAC (excluding ASRC) 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 CIAC
(excluding ASRC) identified above. The ASRC shall also be adjusted accordingly and the Applicant shall pay FPL the
resulting difference in the amount of the CIAC Due.
3. Applicant-Installed Facilities. The 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 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 Applicant agrees to comply with and abide by the requirements, tenns, and conditions of FPL's
Electric Tariff.
5. Timing of Conversion. Upon compliance by the Applicant with the requirements, tenns, 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 drowings 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 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. ASRC Repayment. If the Applicant does not satisfY the relevant eligibility criteria, the Applicant shall repay the ASRC 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 Applicant elects to have electric service within the Conversion Area supplied by a
provider other than FPL, the Applicant shall repay FPL a pro-rota share of the ASRC. The pro-rata share (which shall reflect
partial years) shall be detennined as follows:
ASRC li< [(30 - years since the Underground Facilities completion date) / 30]
Non-governmental Applicants, whose CIAC includes a Tier 1 or Tier 2 ASRC, shall provide, at the time of execution of this
Agreement, either a surety bond or irrevocable bank letter of credit (the "Security Instrument") in a fonn acceptable to FPL
evidencing ability to repay the ASRC. This Security Instrument shall remain in effect until such time as all customers within the
Conversion Area are converted. The Applicant may provide either an amended or replacement Security Instrument in a form
acceptable to FPL at any time to reflect the pro-rata adjustments to the ASRC amount. If, upon notice of cancellation or prior to
expirotion of the Security Instrument, a replacement Security Instrument in a form acceptable to FPL is not provided by the
Applicant to FPL, FPL will require the third party issuing the Security Instrument to pay the full balance due in accordance with
this Agreement in cash,
(Continued on Sheet No. 9.722)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: November 13, 2008
;,genda Item No. 1.383
November 10, 2009
Page 8 of 8
FWRIDA POWER & UGHT COMPANY
Original Sheet No.9. 722
(Continued from Sheet No. 9.121)
9. Termination Prior to the Conversion Completion. Failure by the Applicant to comply with any of the requirements.
terms, or conditions of this Agreement or FPL's Electric Tariff shall result in tennination of this Agreement. The
Applicant may terminate this Agreement at any time prior to the start of the Conversion and the ClAC paid by the
Applicant will be refimded to the Applicant; provided however, that the refund of the ClAC shall be offset by any costs
incurred by FPL in performing tmder the Agreement up to the date of termination.
10. Assignment. The Applicant shan not assign this Agreement without the written consent ofFPL.
11. Adoption and Recording. This Agreement shall be adopted by the Applicant and maintained in the official records of
the 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 Applicant and FPL, the terms of this Agreement shall control.
IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement on the date first set forth above.
For and on bebalf of the
V ANDERBTL T MSTU Advhlory Committee:
FPL:
Signed
Signed
Name
Name
Title
Title
By and tbrough COLLIER COUNTY, FLORIDA
as the LOCAL GOVERNMENT and in its capacity
as the governing body oftbe VANDERBILT MSTU:
ATTEST
DVVIGHT E. BROCK, CLERK
8Y:
Signed
Name Donna Fiala
l7~
Title -EJ~ a i rrna n
Approved as to Terms and Conditions (if required by Applicant)
Signed
Name
Title
Approved
Signed
Name ~t!! ~ 1+ R... telL-I!,
Title )~ ~~ c..o l~ 1" ~'j' t4:* 0 y~ 7
Issued by: S. E. Romig, Director, Rates and Tariffs
Eff~tive: November 13.2008