Placement: New Business
Action Requested: Motion / Vote
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Authorizing the City Manager to enter into a LED Lighting Agreement between Florida Power & Light Company, a Florida Corporation, and the City of Port St. Lucie, necessary for installation of roadway lighting facilities on the extension of Westcliffe Lane; Providing for Conflict; Providing for Severability; and Providing an Effective Date.
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Submitted By: Clyde Cuffy, E.I., Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Florida Power & Light Company (FPL)
2. Parties: City of Port St. Lucie & FPL
3. Purpose: FPL requires the City to execute a LED Lighting Agreement for the proposed purpose of installing (adding, removing and modifying) the roadway lighting facilities in City right-of-way on the extension of Westcliffe Lane.
4. New/Renewal/Modified: New
5. Duration: 10 years with 5 year renewals.
6. Benefits to Port St. Lucie: Roadway lighting along the extension of Westcliffe Lane.
7. Cost to Port St. Lucie (Annual and Potential): Approximately $26,760 annual billing for the proposed light fixtures.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council authorizes the City Manager to enter into a LED Lighting Agreement between FPL and the City of Port St. Lucie for the Westcliffe Lane Extension.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the agreement.
2. Move that the Council not approve the agreement and provide staff direction.
Background: The Westcliffe Lane extension has been constructed to provide access to the Esplanade residential development. The developer is proposing to install FPL LED roadway lighting as part of the roadway improvements. The agreement is assignable if the (right-of-way) real property is sold but does not relieve the City of its obligations. FPL will own the lighting facilities in perpetuity.
Issues/Analysis: This action authorizes the City Manager to enter into the LED Lighting Agreement between FPL and the City. The Agreement designates and sets forth the responsibilities of each party regarding the installation of the proposed facilities.
Financial Information: The agreement provides that the City will pay the bills when due. The City is providing access, grading, easements, and drawings showing the locations of the structures and responsible to identify non-FPL utilities. The City is responsible to clear, compact and remove stumps in conflict with construction, drainage or easements. FPL agrees to relocate lighting facilities if FPL is provided with right-of-way or easements, but the City is responsible for the payment of costs. Approximately $26,760 annual electrical billing is estimated for the proposed light fixtures which will be paid from Public Works’ Road and Bridge fund.
Special Consideration: Execution of the LED Lighting Agreement is critical to the Project. However, the contract does not provide the sovereign immunity language or monetary caps normally found in City contracts. This agreement models the Community Boulevard and Discovery Way agreements with FPL regarding the same subject matter.
Location of Project: Westcliffe Lane extension west of the existing roadway terminus.
Attachments:
• FPL LED Lighting Agreement
• FPL Lighting Design Plans
• Location Map
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6286
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.