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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. .- .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 ~ at;\...-..::.. V-1.L.. 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 l~~,'......, '_(tt33~ ..,. ,'0 t7S0' 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 .- 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