Agenda 07/08/2014 Item #16D147/8/2014 16.D.14.
EXECUTIVE SUMMARY
Recommendation to approve an Underground Facilities Conversion Agreement with Florida Power
& Light Company for phase two and three of the Vanderbilt Beach Municipal Service Taxing Unit
Utility Conversion Project
OBJECTIVE: To convert the overhead utilities in the MSTU to underground in phase two and
three of the utility conversion project.
CONSIDERATIONS:: The Vanderbilt Beach Municipal Service Taxing Unit (MSTU) is
entering phase two and three of a four phase project to convert overhead utility lines to
underground for hurricane preparedness and to promote aesthetics within the MSTU. Phase one
of the project was completed in September 2013. As a prerequisite to commencing the project,
the Board of County Commissioners entered into a Right -of -Way Agreement with FPL for the
conversion of overhead power to underground within the MSTU District.
Staff has been working with FPL towards the development of construction plans for phases two
and three, which are addressed in the attached Underground Facilities Conversion Agreement
(UFCA) and the Governmental Adjustment Factor Waiver (GAF). The UFCA is required by the
Florida Public Service Commission Tariff Section 12.1 in order to receive a 25% Government
Adjustment Factor (GAF) cost reduction from FPL. Upon execution of the UFCA, phase two and
three of the project can move forward with conversion to underground distribution facilities.
The MSTU used lessons learned from phase one of the project to improve upon its approach for
the construction of these next two phases. In Phase one FPL supplied the material and performed
all construction activity to bury the electrical system. For phases two and three, however, the
MSTU elected to utilize the County bidding process for the construction work; with the
exception of a portion of the work that FPL requires be performed by its personnel. This
approach ensures the lowest cost construction, and places the project timing and quality control
in the hands of the County (MSTU) rather than FPL. FPL has agreed to accept payment for
services provided by its personnel in accordance with Florida Statutes § 255.201(1)(c)3, after
provision to the County.
As part of conducting due diligence, staff retained Pelican Engineering to conduct an
independent engineering probable cost estimate to confirm that the FPL's estimate of the project
is reasonable. According to the Pelican Engineering report, the total project cost for constructing
all the work for phases two and three is estimated to be $4,512,105 which is $279,004 greater
than the FPL cost estimate of $4,233,102. Because the County will be issuing a competitive
solicitation to hire a contractor to perform the majority of the work that can be conducted by
vendors other than FPL, and because of the 25% GAF afforded to such projects, the amount
owed to FPL after its provision of services and materials is only $830,238. Consequently, Pelican
Engineering found the FPL binding estimate to be a reasonable cost for the proposed project.
Packet Page -1623-
7/8/2014 16.D.14.
Upon approval of the UFCA, the County will need to enter into an Applicant - Installed Facilities
Agreement with FPL; which will govern the County's construction and installation of the
remaining portion of the underground facilities.
FISCAL IMPACT: Funds are available in Fund 143 Vanderbilt Beach MSTU Fund Other
Contractual in the amount of $4,829,950.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves (1) an Underground
Facilities Conversion Agreement with Florida Power & Light Company for phase two and three
of the Vanderbilt Beach Municipal Service Taxing Unit Utility Conversion Project, in
accordance with the Florida Public Service Commission Tariff Section 12.1, which concerns
FPL's provision of materials and services on a portion of those phases of the project, and (2)
authorizes the Chairman to sign all required documents.
Prepared By: Harry Sells, Project Manager, Alternative Transportation Modes
Attachments: Underground Facilities Conversion Agreement for Phase II and III Project; (2) FPL
Letter regarding Phase II and III Project; (3) Pelican Engineering Report (4) FPL Tariff 12.1 (5)
Project Phase Map
Packet Page -1624-
7/8/2014 16.D.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.14.
Item Summary: Recommendation to approve an Underground Facilities Conversion
Agreement with Florida Power & Light Company for phase two and three of the Vanderbilt
Beach Municipal Service Taxing Unit Utility Conversion Project
Meeting Date: 7/8/2014
Prepared By
Name: SellsHarry
Title: VALUE MISSING
6/25/2014 2:19:00 PM
Submitted by
Title: VALUE MISSING
Name: SellsHarry
6/25/2014 2:19:01 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst, GMD Construction & Maintenance Admin
Date: 6/25/2014 4:11:11 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes, Alternative Transportation Modes
Date: 6/26/2014 11:55:15 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/26/2014 2:38:05 PM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 6/27/2014 1:08:19 PM
Packet Page -1625-
7/8/2014 16.D.14.
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 6/27/2014 1:14:44 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/30/2014 10:08:45 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 7/1/2014 8:28:06 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 7/1/2014 2:23:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/2/2014 9:25:12 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/2/2014 10:38:35 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 7/2/2014 10:39:49 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 7/2/2014 10:47:04 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/2/2014 11:45:12 AM
Packet Page -1626-
7/8/2014 16.D.14.
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 day of . 20. by and between
the BOARD OF 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 FPL convert certain overhead electric distribution facilities
located within the following boundaries (the "Conversion "):
_ Phase #3 - Along Vanderbilt Dr. between 1 I la' Ave. & Vanderbilt Beach Rd. including Flamingo Ave., Heron Ave., Egret Ave.,
Conners Ave., Seabee Ave., Germain Ave., Seagull Ave., Willet Ave., Tradewinds Ave. Lagoon Ave., Bayside Ave., Pine Ave.,
Oak Ave.; Phase 42 - 11 Ph Ave. from Gulf Shore Drive to Vanderbilt Dr. and Vanderbilt Beach Rd. from Gulf Shore Dr. to
Vanderbilt Dr. including Commerce St., Center St. N.; -Gulf Shore Ct., Vanderbilt Gulf Shore Dr. (collectively, the "Existing
Overhead Facilities ") (WR # 4188192 & 4188168) 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 # 4188191 & 4188163).
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 Iegally bound, hereby covenant and
agree as follows:
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 (tire "Conversion Area'D. 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 E)dsdpg 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 ( "RO)V") 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 CIAC 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
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
Issued by: S. E. Romig, Director, Rates and T --
Effective: April 6, 2010 Packet Page -1627-
7/8/2014 16.D.14.
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- agreed engineering or logistical reasons, those phases are non - contiguous; provided that
(a) the next (4r) 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 a phase begins within 1 year from
completion of the Yd phase.
2. Contribution -in- Aid -of- Construction (CIAC). The Local Government Applicant shall pay FPL a CLkC as
required by FFL'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 $— 2,137,250
ii. GAF Waiver $_ 1,271,109
iii. CIAC Due $_ R66.14I r.r. rrn ... _�.,
In the event the actual cost of the Conversion exceeds the estimate, the Otherwise Applicable CLAC 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 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. Applicant- Instglled 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 FPI'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 inanner 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 Iong as FPL or any successor or assign owns 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
failure. Additionally, if at any 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 F`PL 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) / 30] .
(Continued on Sheet No. 9.727)
a ucu uy. a. r. r%vinig, 171r Lur, iCares ano -i skrime
Effective: April4, 2006 Packet Page -1628- y
FLORIDA POWER & LIGHT COMPANY
(Continued from Sheet No. 9.726)
7/8/2014 16.D.14.
Original Sheet No. 9.727
9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with
any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tarr 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 ofthe CIA.0 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.
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, FPL and the Local Government Applicant have executed this Agreement on the date first set
forth above.
BOARD OF COMMISSIONERS
FOR COLLIER COUNTY
Signed
Name
Title
Signed
Name
Tide
Approved as to Terms and Conditions
Signed
Name
Approved as to Form. and Legal;ty
Signed
Name
Title
FLORIDA POWER & LIGHT COMPANY
Signed
Name
Title
Issued by: S. R. Romig, Director, Rates and Tariffs
Effective: April 4, 2006
Packet Page -1629- y
7/8/2014 16.D.14.
Overhead to Underground Conversion - Customer Cost Sheet
Project: Collier Cnty. - Vanderbilt Bch. Phs. 02 & #3 Date Estimate Provided to Customer: May 29, 2014
Cust. Performs All UG Work
Underground Cost
New UG Installation ( +)
Equivalent OH Installation ( -)
Existing Overhead Cost
OH Removal & Make Ready Cost
Existing OH Value ( +)
Operational Cost Diff ( +)
Salvage Value ( -)
Subtotal'
GAF
CIAC"
Engineering Deposit ( -)
Net Due FPL*
$2,665,418 Cost for FPL to Install new underground facilities
($1,384,703) Cost to Install an overhead system at current hardening standards
$556,591 Cost for FPL to remove existing overhead facilities
$299,944 Net Book Value of existing OH facilities to be removed
$0
$0 Credit for re- usable Items
$2,137,250 Total customer contribution as specified In Tariff 12.2.3
($1,271,109)
$866,141
($35,903) Engineering deposit previously collected
$830,238 Total customer contribution owed
Cost Breakdowns for Customer Contributions
Major Material Breakdown
Quantity
Total
LaborlVehicie
Material
Direct Engineering,
UG Switch Cabinet (VISTA)
147
UG Transformer (each)
8
Supervision, and Support
New UG Facilities ( +)
$2,665,418
$0
$2,009,852
$655,566
Credit for equivalent OH ( -)
($1,384,703)
($857,459)
($305,840)
($221,404)
OH Removal Cost ( +)
$556,591
$431,634
$25,330
$99,627
Total
$1,837,306
($425,826)
$1,729,342
$533,789
Net Book Value ( +)
$299,944
Operational Cost Diff ( +)
$0
Salvage Value ( -)
$0
Subtotal"
$2,137,250
GAF
($1,271,109)
CIAC'
$866,141
Engineering Deposit ( -)
($35,903)
Engineering deposit
previously collected
Net Due FPL•
$830,238
Major Material Breakdown
Quantity
Item
127,467
Primary UG Cable (feet)
Install 14
UG Switch Cabinet (VISTA)
147
UG Transformer (each)
8
Splice box for UG feeder each
62,619
OH Primary Conductor (feet)
Remove 297
Poles (each)
130
OH Transformer (each)
2,613
Prima UG Cable feet
an
Packet Page -1630-
7/8/2014 16.D.14.
10 t harida Pcmer S Light t'ompan). 245i Port west filed- west Palm Midi, FL 3340-1 -1299
FPL
May 29, 2014
Mr. Hairy Sells
MSTU Project Manager
Public Services Division
Department of Alternative Transportation Modes
Collier County
3299 East Tatniami Trail, Suite 103
Naples, Florida 34104
Re: Collier County - Vanderbilt Beach MSTU
Overhead to Underground Conversion Project
Phase 42 & #3
Binding Cost Estimate - WR # 4188191 & 4188163
Dear Mr. Sells:
FPL welcomes the opportunity to assist you in determining if underground service is right for
your area. As per your request, we have completed the binding cost estimate for the
Vanderbilt Beach MSTU — Phase #2 & 43 project. The binding estimate amount, known as
the Contribution In Aid of Construction (CIAO), required for converting the area to
underground is $3,813,329.00. The underground drawings for the project are being finalized
with the VISTA switch technology as the County requested and a full set will be sent to you
once they are complete. In addition, the cost estimate includes a more than $2,650,000
adjustment credit for both FPL's new Government Adjustment Factor (G.A.F.) waiver and as
required in the CIAC formula, tariff Section 12.1, credit for an equivalent overhead system
designed at the current hardened (i.e. extreme wind) standard. Further the cost assumes the
following:
Directional bore construction.
All work will be perforined during the daylight hours. Any after -hours work, e.g.
disconnect / reconnect service appointments, would be an additional expense for the
County.
This binding cost estimate is valid for 180 days and a response must be received within that
timeframe. Should you agree to move forward with the project, please sign and return the
enclosed documents. Once we receive the acceptance package (e.g. partially executed
documents), we will commence the construction process (i.e. initiate bid requests and
material purchasing). Any deposits that you have already paid will be applied towards the
a NextEra Energy, Inc. company
Packet Page -1631-
7/8/2014 16.D.14.
Page 2
CIAC and you must pay the remaining difference of $3,777,426.00. Failure to execute the
applicable Agreement and pay the CIAC specified in the Agreement within the 180 day time
limit, or termination of the Agreement, shall result in the expiration of the binding cost
estimate.
This estimate only includes the charges to be paid to FPL. There are additional costs which
are the customer's responsibility and should also be considered. These potential costs
include:
• Site restoration (sod, landscaping, pavement, sidewalks, etc).
• Reairangement of customer electric service entrances (requires electrician) from
overhead to underground. Also, additional customer expense if local inspecting
authorities require customer wiring to be brought up to current codes.
• Trenching /backfilling for service laterals.
• Removal and burial of other utilities (e.g. telecom, CATV, etc.).
• Any project scope changes that modify the enclosed drawings.
• Acquiring, describing, securing and recording of easements for underground
facilities.
In addition, attached is the additional estimate the County requested.
• Customer Performs Some Work — All underground work.
We look forward to working with you and the County as this project progresses. If you have
any questions, please contact me at 561 -845 -4624.
Sincerely,
John C. Lehr, Jr.
Project Manager — Underground
Distribution
FPL
Attaclunents
a NextEra Energy, Inc, company
Packet Page -1632-
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Packet Page -1634-
FLORIDA POAVER & LIGHT COitIPAI+IY
7/8/2014 16.D.14.
Fourth Revised Sheet No. 6.300
Cancels Third Revised Sheet No. 6.300
INSTALLATIOiN OF UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES
FOR THE CONVERSION OF OVERHEAD ELECTRIC DISTRIBUTIOiN FACILITIES
SECTION 12.1 DEFINITIONS
APPLICANT - Any person, corporation, or entity capable of complying with the requirements of this tariff that has made a written request
for underground electric distribution facilities in accordance with this tariff.
CONVERSION - Any installation of underground electric distribution facilities where the underground facilities will be substituted for
existing overhead electric distribution facilities, including relocations.
CONTRIBUTION -IN- AID -OF- CONSTRUCTION (CIAC) — The CIAC to be paid by an Applicant under this tariff section shall be (lie
result of the following formula:
CIAC -
1) The estimated cost to install the requested underground facilities;
+ 2) The estimated cost to remove the existing overhead facilities;
+ 3) The net book value of the existing overhead facilities;
4) The estimated cost that would be incurred to install new overhead facilities, in lieu of underground, to replace the
existing overhead facilities (the "Hypothetical Overhead Facilities ");
5) The estimated salvage value of the existing overhead facilities to be reproved;
+ 6) The 30 -year net present value of the estimated non -storm underground v. overhead operational costs differential,
which is set at $0 (zero) per pole -line mile of the existing overhead facilities;
- 7) The 30 -year net present value of the estimated average Avoided Storm Restoration Costs ( "ASRC ") calculated as a
percentage of the sum of lures 1) through 6). Simplified eligibility criteria for each ASRC Tier are summarized
below. Applicants must enter into an Underground Facilities Conversion Agreement with the Company
which provides full details on terms, conditions amid compliance requirements.
Tier Porcentriee Pole -Line Miles Customer Conversions Completion
1 * 25% 3 or more 100% 3 phrases
2 10% 1 to <3 100% 3 phases
3 5% < 1 11/3 n/a
* The GAF Waiver will apply in lieu of Tier 1 ASRC for eligible conversions by Local Government Applicants,
GAF Waiver
For Applicants entering into an Underground Facilities Conversion Agreement — Governmental Adjustment Factor Waiver with
the Company, the otherwise applicable CIAC amount, as calculated above, shall be reduced by the GAF Waiver. The amount of
the GAF Waiver shall be calculated as follows:
GAF Waiver =
25% x the otherwise applicable CIAC;
+ 75% x the ASRC (avoids double- counting the ASRC embedded in the otbenvise applicable CIAC.)
If the Applicant elects to construct and install all or part of the underground facilities, then for purposes of calculating the ASRC
or the GAF Waiver amount only, the otherwise applicable CIAC shall be adjusted to add FPL's estimated cost for the Applicant -
performed work. In addition, the Direct Engineering, Supervision, and Support (DESS) costs associated with this Applicant -
perfonned work will be reduced by 20% from the amount that would have applied if FPL performed this work.
DISTRIBUTION SYSTENJ - Electric service facilities consisting of primary and secondary conductors, service drops, service laterals,
conduits, transformers and necessary accessories and appurtenances for the furnishing of electric power at utilization voltage.
SERVICE FACILITIES - The entire length of conductors between the distribution source, including any conduit and or risers at a pole or
other structure or from transformers, from which only one point of service will result, and the first point of connection to the service
entrance conductors at a weatherhead, in a terminal, or meter box outside the building wall; the terminal or reeler box; and the meter.
(Continued on Sheet No. 6.301)
Issued by, S. E. Romig, Director, Rates find Tariffs
Effective; April 6, 2010
Packet Page -1635-
FLORIDA POWER & LIGHT CONIPANY
(Continued from Sheet No. 6.300)
SECTION 12.2 GENERAL
7/8/2014 16.D.14.
Original Sheet No. 6.301
12.2.1 Anpii aljo
This tariff section applies to all requests for underground electric distribution facilities where the facilities requested will be
substituted for existing overhead electric distribution facilities. Any person, corporation, or entity capable of complying with the
requirements of this tariff may submit a request as follows. Requests shalt be in writing and must specify in detail tine overhead
electric distribution facilities to be converted or the area to be served by underground electric distribution facilities in lieu of
presently existing overhead electric distribution facilities serving said area. Upon receipt of a written request, FPL will determine
the feasibility of converting the existing facilities, any necessary revisions to this written request, and the non - refundable deposit
amount necessary to secure a binding cost estimate and notify the applicant of said amount,
12.2.2 Contribution -in- Aid -Of- Construction (CIAC)
Upon the payment of a non - refundable deposit by rai Applicant, FPL shall prepare a bhtding cost estimate specifying the
contribution in aid of constriction (CIAC) required for the installation of the requested underground distribution facilities, where
the installation of such facilities is feasible, and provide said estimate to the Applicant upon completion of the estimate along with
either au Underground Facilities Conversion Agreement or an Underground Facilities Conversion Agreement - Governmental
Adjustment Factor Waiver. The CIAC amount to be collected pursuant to a binding cost estimate frorn an Applicant shall not be
increased by more than 10 percent of the binding cost estimate to account for actual costs incurred in excess of the binding cost
estimate. However, fire CIAO may be subject to increase or refund if the project scope is enlarged or reduced at the request of the
Applicant, or the CIAO is found to have a material error prior to the commencement of construction. The binding cost estimate
provided to an Applicant shall be considered expired if cite Applicant does not enter into either an Underground Facilities
Conversion Agreement or an Underground Facilities Conversion Agreement - Governmental Adjustment Factor Waiver and pay
file CIAC amount specified for the installafion of the requested underground electric distribution facilities within 130 days of
delivery of the binding cost estimate to the Applicant by FPL,
(Continued on Sheet No. 6.310)
Issued by: S. E. Romig, Director, hates and Tariffs
Effective: April 4, 2006
Packet Page -1636-
7/8/2014 16.D.14.
Third Revised Sheet No. 6.310
FLORIDA POKER & LIGHT COMEPANY Cancels Second Revised Sheet No. 6.310
(Continued from Sheet No. 6.301)
12.23 Non - Refundable UeMsits
The non - refundable deposit for a binding cost estimate for conversion to a direct buried cable in conduit underground electric
distribution system shall be detemuned by multiplying the number of pole line feet of existing overhead electric distribution
facilities to be converted by $1.20. The deposit must be paid to FPL to initiate the estimating process. T7te deposit will not be
refundable, however, it will be applied in the calculation of the CIAC required for the installation ofunderground distribution
facilities. She deposit and the preparation of a binding cost estimate are a prerequisite to the execution of either an
Underground Facilities Conversion Agreement or an Underground Facilities Conversion Agreement - Govcmmental
Adjustment Factor Waiver. If the request for underground electric distribution facilities involves the conversion of less than
250 pole line feet of existing overhead facilities, then no deposit will be required for a binding cost estimate, provided,
however, that all other requirements of this tariff shall still apply.
12.2.9 Non - Binding Cost Estimates
Any person, corporation, or entity may request a non - binding cost estimate free of charge. The non- binding cost estimate shall
be an order of magnitude estimate to assist the requester in detennining whether to go fonmrd with a binding cost estimate.
Neither an Underground Facilities Conversion Agreement nor an Underground Facilities Conversion Agreement -
Governmeotal Adjustment Factor Waiver may be executed on the basis of a non- binding cost estimate.
12.2.5 Underground Facilities Conversion Agreement
Any Applicant seeking the installation of underground distribution facilities pursuant to a written request hereunder shall
execute either the Underground Facilities Conversion Agreement set forth in this tadff at Sheet No. 9.720 or, if applicable, the
Underground Facilities Conversion Agreement - Governmental Adjustment Factor Waiver set forth in Ibis tariff at Sheet No.
9.725. The applicable Agreement must be executed and the C[AC paid by the Applicant witivn 180 days of the delivery of the
binding cost estimate to the Applicant. Failure to execute the applicable Agreement mid pay the CIAC specified in the
Agreement within (lie 180 day tinte limit, or termination of the Agreement, shall result in the expiration of the binding cost
estimate. Any subsequent request for underground facilities will require the payment of a new deposit and the presentation of
a new binding cost estimate. For good cause FPL may extend the 180 day time limit. Upon execution of either the
Underground Facilities Conversion Agreement or the Underground Facilities Conversion Agreement - Governmental
Adjustment Factor Waiver, payment in full of the CIAC specified in One binding cost estimate, and compliance with the
requirements of this tariff, FPL shall proceed to convert the facilities identified in a timely manner. However, new service
extensions, maintenance and reliability projects, and service restorations shall take precedence over facilities conversions.
12.2.6 Simultaneous Conveys ion of Other Pole Licensees
Before the initiation of any project to provide underground electric distribution facilities pursuant to either an Underground
Facilities Conversion Agreement or an the Underground Facilities Conversion Agreement - Govermnental Adjustment Factor
Waiver the Applicant shall have executed agreements with all affected pole licensees (e.g. telephone, cable TV, etc.) for the
simultaneous conversion of those pole licensees' facilities and provide FPL with an executed copy of the Agreement(s). Such
agreements shall specifically acknowledge that the affected pole licensees will eoordiate their conversion %with FPL and other
licensees in a timely manner so as to not create unnecessary delays. Failure to present FPL with executed copies of any
necessary agreements with affected pole licensees within 180 days after delivery of the binding cost estimate to (lie Applicant
shall result in the expiration of the binding cost estimate, the return of any CiAC paid, and the tennination of any Underground
Facilities Conversion Agreement or Underground Facilities Conversion Agreement - Gover tmental Adjustment Factor Waiver
entered into between the Applicant and FPL.
12.2.7 Easements
Before the initiation of any project to provide underground electric distribution facilities pursuant to either an Underground
Facilities Conversion Agreement or an Underground Facilities Conversion Agreement - Governmental Adjustment Factor
Waiver, the Applicant shall provide FPL, at no cost to FPL, all easements, including legal descriptions of such easements mid
all survey work associated with producing legal descriptions of such easements, specified as necessary by FPL to
accommodate the requested underground facilities along with an opinion of title that the easements are valid. Failure to
provide the casements in the manner set forth above within 180 days after the delivery of the binding cost estimate to the
Applicant shall result it the expiration of the binding cost estituate, the return of any CIAC paid, and die tennination of any
Underground Facilities Conversion Agreement or Underground Facilities Conversion Agreement - Governmental Adjustment
Factor Waiver entered into between the Applicant and FPL.
(Continued on Sheet No. 6.320)
Issued by: S. E. Romig, Director, Rates and Tariff's
Effective: April 9, 2006
Packet Page -1637-
7/8/2014 16.D.14.
Third Revised Sheet No. 6.320
FLORIDA POn'ER & LIGHT COIYIPA Y Cancels Second Revised Sheet No. 6.320
(Continued from Sheet No. 6.310)
12.2.8 Affected Customer Services
The Applicant shall be responsible for the costs associated Milt any modifications to the service facilities of customers affected
by the conversion of FPL distribution facilities which are made necessary as a result of the conversion, The Applicant shall be
responsible for arranging the conversion of affected residential overhead customer service facilities by providing, at no cost to
FPL:
a) any necessary rearranging of the customer's existing electric service entninee facilities to accommodate an underground service
lateral through tie use of a licensed electrical contractor, in accordance with all local ordinances, codes, and FPL
specifications; and
b) a suitable trench, install FPL provided conduit according to FPL specifications to a point designated by FPL, and perform
the bacicfrlling and any landscape, pavement or other similar repairs
FPL shall be responsible for the installation of the service lateral cable, tine cost of which shall be included in the Applicant's
binding cost esthnate. in the event a customer does not allow the Applicant to convert the customers affected overhead
services, or the Applicant fails to comply with the above requirements in a timely manner consistent with FPL's conversion
construction schedule, then the Applicant shall pay FPL, in addition to the CIAC specified in the binding cost estimate, tltc
costs associated with maintaining service to said customer through an overhead service drop. The cost for maintaining an
overhead service drop from an underground system shall be;
a) the sum of $789 for residential dwellings containing less than five individual units; or,
b) the estimated cost to maintain service for residential dwellings containing five or more individual runts.
For existing residential underground service laterals affected by a conversion the Applicant shall be responsible for the
trenching, backfillirng and any landscape, pavement or other similar repairs and installation of FPL provided conduit,
according to FPL specifications, necessary to bring existing underground service laterals of affected customers to an
FPL designated handhole or transformer. FPL will install the necessary cable, the cost of which shall be included in the
binding cost estimate. However, in the event that a customer owned scwice lateral fails on connection to the
underground distribution system the customer will be responsible for the replacement of their service lateral or
compliance with section 1.0.5 of FPL's tariff.
The Applicant's responsibilities for modifications to the service facilities of non - residential customers affected by the
conversion of FPL distribution facilities which are made necessary as a result of the conversion will be specified in an
attaclunent to any Underground Facilities Conversion Agreement or Underground Facilities Conversion Agreement -
Governmental Adjustment Factor Waiver.
12.2.9 Other Terms and Conditions
Through the execution of either the Underground Facilities Conversion Agreement set forth in this tariff at Sheet No.
9.720 or the Underground Facilities Conversion Agreement - Govenuttental Adjustment Factor Waiver set forth in this tariff at
Sheet No. 9.725 the Applicant agrees to the following:
a) The Applicant shat] be responsible for all restoration of, repair of, or compensation for, property affected,
damaged, or destroyed, to accommodate the installation of underground distribution facilities and the removal of
FPL's overhead distribution facilities;
b) subject to section 2.7 Itndemnity to Company, or section 2.71 Indemnity to Company — Governmental, FPL's
General Rules and Regulations, the Applicant shall indemnify FPL from any claim, suit, or other proceeding,
which seeks the restoration of, or repair of, or compensation for, property affected, damaged, or destroyed, to
remove existing facilities or to accommodate the installation of underground distribution facilities arising from or
brought as a result of the installation of underground distribution facilities;
c) the Applicant shall clear easements provided to FPL of trees, tree stumps and other obstructions that conflict with
construction or installation of underground distribution facilities in a timely manner consistent with FPL's
construction schedule.
(Continued on Sheet No. 6.330)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April 4, 2006
Packet Page -1638-
FLORIDA POIIMR & LIGHT COnNIPAiVY
(Continued from Sheet No. 6.320)
7/8/2014 16.D.14.
Second Revised Sheet No. 6.330
Cancels First Revised Sheet \n. (33n
12.2.10 Type of System Provided
An underground distribution system will be provided in accordance with FPL's current design and construction
standards.
12,2.11 Design and Ownnershio
FPL will design, install, own, and maintain the electric distribution facilities up to the designated point of delivery
except as otherwise noted. The Applicant may, subject to a contractual agreement with FPL, construct and install all or
a portion of the underground distribution facilities provided that:
a} such work meets FPL's coustnnction starndards;
b) FPL will own and maintain the completed distribution facilities;
c) the construction and installation of underground distribution facilities by the Applicant is not expected to cause the
general body of ratepayers to incur greater costs;
d) the Applicant agrees to pay FPL's current applicable hourly rate for engincering personnel for all time spent for (i)
reviewing and inspecting the Applicant's work done, and (ii) developing any separate cost estimates) that are
either requested by the Applicant to reflect only FPL's portion of the work or are required by FPL to reflect both
die Applicant's and FPL's portions of the work for the purpose of a GAF Waiver calculation pursuant to an
Underground Facilities Conversion Agreement — Governmental Adjushncut Factor Waiver; and
e) the Applicant agrees to rectify any deficiencies found by FPL prior to the connection of any Customers to the
underground electric distribution system and the removal of the overhead electric distribution facilities,
12.2,12 Relocation
Where underground electric facilities are requested as part of, or for the purpose of, relocation, the requirements of this
tariff shall apply. As applicable, the Uudergrourid Facilities Conversion Agreement or the Underground Facilities
Conversion Agieement - Govemmental Adjustment Factor Waiver shall be executed as an addendum to the relocation
agreement between FPL and the Applicant. 1n the event of any conflict between the relocation agreement and this tariff',
the tariff shall control. Fur#hernnore, where the regulations of the Federal or State Department of Transportation (DOT)
prevent pre - payment of deposits and other conversion costs, the Federal or State DOT may pay the CIAC aficr the work
has been performed.
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April d, 2006
Packet Page -1639-
EXHIBIT A 7/8/201416.D.14.
PROJECT PHASING MAP
NOTE: This exhibit is for the purposes of Phase One Project only. Final Boundary for Phases 2, 3, and 4 may
vary due to FPL power configuration requirements after final design plans are produced.
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