R98-107RESOLUTION NO. R98-/,¢~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN UNDERGROUND FACILITIES
CONVERSION AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND FLORIDA POWER & LIGHT
COMPANY FOR THE RELOCATION OF
UNDERGROUND ELECTRIC LINES ALONG EAST
OCEAN AVENUE AS PART OF THE EAST OCEAN
AVENUE BRIDGE ,PROJECT AT A COST OF
$42,762.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) is constructing
a new bridge over the Intracoastal Waterway at East Ocean Avenue; and
WHEREAS, in order to further improve the aesthetics of the bridge project
and the downtown, city staff and officials have requested that Florida Power & Light
(FP&L)replace or relocate all overhead power lines that cross the bridge, placing
said lines underground; and
WHEREAS, FDOT will not absorb the added cost of relocating the power
lines underground, but FP&L has agreed to complete the work at cost; and
WHEREAS, the cost of the relocation project to the City is $42,762.00; and
WHEREAS, the City Commission
interests of the residents of the City
Conversion Agreement with FP&L.
has determined that it is in the best
to execute an Underground Facilities
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute the
Underground Facilities Conversion Agreement with Florida Power & Light Company
for the relocation of utility lines along East Ocean Avenue as part of the East Ocean
Avenue Bridge Project, said Agreement being attached hereto as Exhibit "A"
Section2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED thiS ,/~/ day of June, 1998.
ATTEST:
CITY OF BOYN~ON BEACJH, FLORIDA
~/,~eMa~or ~/ / ~
Mayor' Pro Tem
Co~mi~,ioner
Commissioner
I=Pl..
Florida Power & Light Company, P. O. Box 2409, Delray Beach, FL 33447-2409
May 6, 1998
~K~err~_ Willis
City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425-0310
Re:
Underground Facilities Conversion Agreement
East Ocean Avenue
Dear Ms. Willis:
In response to your request to convert the existing FPL overhead facilities to underground facilities
on East Ocean Avenue from US 1 to the Intracoastal Bridge, enclosed are the following:
1. Underground Facilities Conversion Agreement with Attachment "A"
2. Invoice # 23737 in the amount of $ 40,962. (Total cost of $42,762-$1800 deposit = $40,962)
3. FPL drawings # A06-R-84 and A06-R-85
4. Copy of FDOT Permit, drawings # PB-804-76 and PB-804-76A
Daring the design of this project, we met many times with David Kelly, City of Boynton Beach
Utilities Engineer, and with representatives of the FDOT and their consultants, Biscayne
Eqgineering. The final design of this project takes into account the proposed bridge construction. In
addition, we have designed the project so that no utility easements are required from adjacent
property owners. The cost to the City is for the proposed underground distribution, less the cost of
an equivalent overhead system. FPL is not charging the City for the removal of the existing poles on
East Ocean Avenue.
,P,l~e,,ase sign and return the enclosed Underground Facilities Conversion Agreement and Attachment
A with your payment of $40,962. Upon receipt of the signed agreement and your payment, we
will release this project to our construction department.
If you require any additional information, please call me at 561 265-3104.
Sincerely,
A.G.~
Major Account Manager
CC:
D. Kelly-City of Boynton Beach
A. Klien-FPL
an FPL Group corn I)any
SIO: 6411-4-416
Ocean Ave, Boynton Beach
UG Differential
UNDERGROUND FACILITIES CONVERSION AGREEMENT
This Agreement, made and entered into this 23dayof April ,19 9~by and between City Of Boynton
Bea c h . (hereinafter called the Applicant) and FLORIDA POWER & LIGHT
COMPANY, a corporation organized under the laws of the State of Florida (hereinafter called FPL) is for the provision of underground
electric listribution facilities by FPL in place of existing overhead electric distribution facilities pursuant to the Applicant's request for such
facilities. In consideration of the premises, covenants and agreements set forth herein, FPL and the Applicant agree as follows:
The Applicant shall pay FPL a Contribution in Aid Of Construction (CIAC) in the amount of $ 42,7 6 2.0 0
In the event the actual cost of the project contracted for herein, exceeds the CIAC identified above, the Applicant shall pay an
additional contribution equal to the lesser of the difference between the actual cost of the project and the ClAC identified above, or
10% of the CIAC identified above.
Pursuant to this agreement, the Applicant agrees to comply with and abide by the requirements, terms, and conditions of FPL's
Electric Tariff as those requirements, terms, and conditions are set forth in said Tariff.
Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff; FPL will proceed in a timely manner with
the conversion of tho existing overhead distribution facilities to an underground configuration in accordance with the construction
drawings and specifications set forth in Attachment A hereof.
In the event that the underground facilities to be installed, as specified in Attachment A, 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.
Failure by the Applicant to comply with any of the requirements, temas, or conditions of this agreement or FPL's Electric Tariff
shall result in termination of this agreement The Applicant may terminate this agreement at any time prior to the start of
constxuetion and the CIAC paid by the Applicant will be refunded to the 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.
6. This agreement is not assignable.
IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of electric underground distribution
facilities m be effective as of thc date f~st above written.
APPLICANT
Signed
Name
Titlo
APPROVED AS T~ FOr~:
CITY ,~,TTO R NEY .
FPL
Name
Title
ATTACHMENT "A"
EAST OCEAN AVE UNDERGROUND CONVERSION PROJECT
CITY OF BOYNTON BEACH, FL
Installation of FPL Underground Distribution Facilities
All location numbers are shown on FPL Drawings A06-R-84 & A06-R-85
Cost to the City of Boynton Beach: $42,762.00 less engineering deposit of $1800.
FPL will:
1. Trench and back fill and install FPL cable in conduits throughout the project.
2. Install pad mounted transformers and connect proposed customer owned electric service cables
(Location 11).
3. Install splice boxes and connect existing underground FPL primary' cables (Location 4 & 5).
4. Install splice boxes and connect proposed customer owned electric service cables (Location 1 &
12).
5. Cut and repair road crossing according to the FDOT permit on East Ocean Ave. (Locations 2,7
& 15).
6. Remove all poles on East Ocean Ave at FPL expense. Since the adjacent property owner is not
willing to grant an utility easement, one pole to remain at location 19.
The City of Boynton Beach will:
1. Rearrange the electric service entrances to accept underground electric service and install
underground electric services fi:om the customer owned meter cans to the proposed transformers
and hand holes (Location # 1, 11 & 12).
2. Cut andrepair sidewalks (Location 3, 9,10,16, 18, &19).
3. Repair landscaping disturbed during construction.
4. Grade locations 6, 10, & 11 to be within six inches of final FDOT grade.
City of Boynton Beach
Date:
Revised 5/13/98
AGR I FPL
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Payment Coupon
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CITY OF BOYNTON BEACH
KERRY gZLLZS, CZTY HANAGER
P 0 BOX
BOYNTON BEACH FL
81 237~7
35425-0510
PHOHE NO. : 407 495 7639 Maw.
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CITY OF ~O~TON B~CH
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P 0 BOX S10
BOYNTON BEACH FL
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