HomeMy WebLinkAbout2011-145 7/DSS/' 1 WR # 3981578
FPL
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
This Agreement, made this 5th day of July 2011 by and between INDIAN RIVER COUNTY BOARD OF
COUNTY
COMMISIONERS ( hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida ( hereinafter called FPL) .
WITNESSETH :
Whereas , the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as SRA
TRANSIT
FACILITIES located in VERO BEACH - INDIAN RIVER COUNTY , Florida .
(City/County)
That for and in consideration of the covenants and agreements herein set forth , the parties hereto covenant and agree as follows :
1 . The Customer shall pay FPL a Contribution in Aid of Construction of $8, 135. 82 (the total Contribution ) to cover the
differential cost
between an underground and an overhead system . This is based on the currently effective tariff filed with the Florida Public
Service
Commission by FPL and is more particularly described on Exhibit A attached hereto .
2 . That a credit of -0- shall be provided to the Customer for trenching , backfilling , installation of Company provided
conduit and other
work, as shown on Exhibit B , if applicable , and approved by FPL . If such credit applies , the resulting Contribution cash
payment shall
be $8 , 135 . 82 .
3 . The contribution and credit are subject to adjustment when FPL' s tariff is revised by the Florida Public Service Commission
and the
Customer has requested FPL to delay FPL's scheduled date of installation . Any additional costs caused by a Customer's change
in
the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution
does
not include the cost of conversion of any existing overhead lines to underground or the relocation of any
existing overhead or
underground facilities to serve the property identified above .
4 . That the Contribution provides for 120/208 volt, 3 phase ( 120/240 volt, single phase for URD Subdivisions) underground
electrical
service with facilities located on private property in easements as required by FPL . The contribution is based on employment
of rapid
production techniques and cooperation to eliminate conflicts with other utilities . Underground service , secondary ,
and primary
conductors are to be of standard FPL design , in conduit, and with above-grade appurtenances.
5 . That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff.
If the property is subject to an underground ordinance , FPL shall notify the appropriate governmental agency
that satisfactory
arrangements have been made with the Customer as specified by FPL.
Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL .
6 . That good and sufficient easements , including legal descriptions and survey work to produce such easements
, and mortgage
subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted
or obtained ,
and recorded , at no cost to FPL , prior to trenching , installation and/or construction of FPL facilities . FPL
may require mortgage
subordinations when the Customer's property , on which FPL will install its facilities , is mortgaged and ( 1 ) there are
no provisions in
the mortgage that the lien of the mortgage will be subordinate to utility easements , (2 ) FPL's easement has not been recorded
prior to
the recordation of the mortgage , (3) FPL's facilities are or will be used to serve other parcels of property, or (4)
other circumstances
exist which FPL determines would make such a subordination necessary .
a ) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description ,
and exact
name of the legal owner to be used when an easement is prepared , as required by FPL.
b) The Customer shall furnish drawings , satisfactory to FPL, showing the location of existing and proposed structures
on the
Customer's construction site , as required by FPL.
c) Should for any reason , except for the sole error of FPL , FPL's facilities not be constructed within the easement, FPL may
require
the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities , at no
cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1 )
the
Customer' s property on which FPL will install its facilities is mortgaged , 2) there are no provisions
in the mortgage for
subordination of the lien of the mortgage to utility easements , or 3) FPL's facilities are or will be used to serve other
parcels of
property .
WR # 3981578
7 . Before FPL can begin its engineering work on the underground electric distribution facilities , the Customer shall provide FPL with
the following :
a) Paving , grading , and drainage plans showing all surface and sub-surface drainage satisfactory to FPL ,
b) A construction schedule ,
c) An estimate of when electric service will be required , and
d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site , sewage , electrical , etc. )
requested by FPL
plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting
the
requirements for recording (except approval by the governing body) by a registered land surveyor.
8 . Prior to FPL construction pursuant to this agreement, the Customer shall :
a) Clear the FPL easement on the Customer's property of tree stumps , all trees , and other obstructions that conflict with construction
, including
the drainage of all flooded areas . The Customer shall be responsible for clearing , compacting , boulder and large rock
removal , stump
removal , paving and addressing other special conditions . The easement shall be graded to within six inches of final grade with soil
stabilized .
b) Provide property line and corner stakes , designated by a licensed surveyor, to establish a reference for locating
the underground cable
trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying
the
location , depth , size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities
will be
installed . The Customer shall maintain these stakes , and if any of these stakes are lost, destroyed or moved and FPL requires their
use , the
Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent , employee ,
contractor or
subcontractor of FPL , in which case FPL will pay the Customer the cost of replacing the stakes .
c) It is further understood and agreed that subsequent relocation or repair of the FPL system , once installed , will be paid by the
Customer if said
relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors
from the
time the underground facilities were installed ; and , that subsequent repair to FPL's system , once installed , will be paid by the Customer
if said
repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors .
d) Provide sufficient and timely advance notice (60 days) as required by FPL , for FPL to install its underground distribution
facilities prior to the
installation of paving , landscaping , sodding , sprinkler systems , or other surface obstructions . In the absence of sufficient coordination
, as
determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of
the costs of
restoring paving , landscaping , grass , sprinkler systems and all other surface obstructions to their original condition , should they
be installed
prior to FPL's facilities, shall be borne by FPL .
e) Pay for all additional costs incurred by FPL which may include , but are not limited to , engineering design ,
administration and relocation
expenses , due to changes made subsequent to this agreement on the subdivision or development layout or grade .
f) Provide applicable trenching , backfilling , installation of Company provided conduit and other work in accordance with FPL specifications
more
particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies , within two (2)
working days,
found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated
cost to
correct the installation within thirty (30) days of receiving the associated bill , and in either case , reimburse FPL for costs
associated with lost
crew time due to such discrepancies .
g) Provide a meter enclosure , downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate
FPL's
service cable size and design . These items must be confirmed with FPL prior to purchase . FPL will not be responsible for
costs involved in
modifying or replacing items which do not meet the above criteria .
9. FPL shall :
a) Provide the Customer with a plan showing the location of all FPL underground facilities , point of delivery, and
transformer locations and
specifications required by FPL and to be adhered to by the Customer.
b) Install , own , and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted .
c) Request the Customer to participate in a pre-construction conference with the Customer's contractors, the FPL representatives and other utilities
within six (6) weeks of the start of construction . At the pre-construction conference , FPL shall provide the Customer with an estimate
of the date
when service may be provided .
10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service
and the Rules of
the Florida Public Service Commission , as they are now written , or as they may be revised , amended or supplemented .
11 . This agreement shall inure to the benefit of, and be binding upon , the successors and assigns of the Customer and FPL.
The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric
service at the time of the
Customer's receipt of a certificate of occupancy.
Ac pted :
Accept d6
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CSU ,0[[� � WILLIA K. DEBRAAL
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WR # 3981578
FPL
Date
Florida Power & Light Company
3301 ORANGE AVE
FT PIERCE , FL 34947
Re : Installation of Underground Electric Distribution Facilities
Project: SRA TRANSIT FACILITIES
Florida Power & Light Company Work Request # 3981578
Dear DENNIS G . PAGANO :
This is to notify you that the site at the aforementioned project is ready for the installation of your underground electric
distribution facilities :
1 . The underground cable route has been cleared of trees , stumps and other obstructions .
2 . The cable route has been filled or cut to within 6" of final grade .
3 . Grade stakes have been set along the cable route marked to indicate final grade .
4 . Lot lines and corners have been staked as you requested for reference to locate the cable route .
5 . Any grade or reference stakes found missing will be replaced by our surveyors at your request.
6 . All flooded areas have been drained .
7 . All underground facilities have been staked within 2 feet of their location along the cable route . Stakes are
marked with depth , size and type of facility .
8 . The above conditions will be maintained throughout construction of FPL facilities .
Signed for Owner/ Developer
Payment Coupon
/ 610101200003749070000854244285318000084010101
General Mail Facility
Miami FL 3318A-0001
B 01012 0000854244 8 4 01 01 01
Please mail this portion with your check
Cust . No . : 374907 Inv . No . : 854244
Payment Due upon Amount Due
Receipt This Invoice
07 / 13/ 2011 81135 . 82
BOARD OF COUNTY COMMISSIONERS WO Reference # : 9767 -42 - 438
Make check Payable to FPL in US funds and mail payment to address below
STATE OF FLORIDA FPL
COUNTY OF INDIAN RIVER GENERAL MAIL FACILITY
1801 27TH ST BLDG A MIAMI FL 33188 -0001
VERO BEACH FL 32960
Florida Power & Light Company Federal Tax 10# : 59 -0247775
INVOICE
Customer Name and Address
Customer Number : 374907
BOARD OF COUNTY COMMISSIONERS
Invoice Number : 854244
STATE OF FLORIDA
COUNTY OF INDIAN RIVER Invoice Date : 06/ 1312011
1801 27TH ST BLDG A
VERO BEACH FL 32960 B 01012 0000854244 8 4 01 01 01
Please Retain This Portion for your Records
CURRENT CHARGES AND CREDITS
Customer No : 374907 Invoice No : 854244
DESCRIPTION QUANTITY PRICE AMOUNT
DSB CUST CONTR NEW CNST WO 1 8 , 135 . 82 8 , 135 . 82
4395 43RD AVE WR 3981578
9767 -42 -438
For Inquiries Contact : Total Amount Due $ 87135 . 82
DENNIS PAGANO
Phone : ( 772 ) 489 - 6204 Payment Due upon Receipt 07 / 13 /2011
Messages
Florida Power 8 Light Company
General Mail Facility
Miami , FL . 33188-0001