ML17212A258

Agreement for Electrical Generation Facility & Steam Delivery.

ML17212A258
Person / Time
Site:	Saint Lucie
Issue date:	11/07/1977
From:	Allen H, Stierheim M DADE COUNTY, FL, FLORIDA POWER & LIGHT CO.
To:
Shared Package
ML17212A256	List: ML17212A255 ML17212A258
References
NUDOCS 8107020506
Download: ML17212A258 (130)

Text

UNITED STATES OF Al'KRICA NUClEAR REGULATORY COL'MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

FLORIDA POWER 6 LIGHT COMPANY ) Docket No. 50-389-OL

)

(St. Lucie Nuclear Power Plant., )

Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Response of Florida Power & Light. Company In Opposition To 'Petition To Intervene And Request For Hearing'iled By Parsons a Whittemore, Inc.

and Resources Recovery (Dade County), Inc. " together with Notices of Appearance of J.A. Bouknight, Jr., Douglas G. Green and Herbert Dym, were served bv hand delivery

• or by deposit in the U.S. Mail, first class postage prepaid this 6th day of May, 1981.

Ivan W. Smith, Esquire Dr. Oscar H. Paris Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Robert M. Lazo, Esquire Atomic Safety and Licensing Board Docketing and Service Station U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commi ssi on Michael A. Duggan, Esquire Washington, D.C. 20555 College of Business Administration University of Texas Jerome Saltzman, Chief Austin, Texas 78712 Antitrust 6 Indemnity Group U.S. Nuclear Regulatory William D. Paton, Esquire Commission Counsel for NRC Staff Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Elizabeth S. Bowers, Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Board Commi s sion U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Richard S. Salzman, Esquire Dr. Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

Joseph Rutberg, Esquire Donald A. Kaplan, Esquire Lee Scott Dewey, Esouire Robert Fabrikant, Esquire Fredric D. Chanania, Esquire Antitrust Division Counsel for NRC Staff U.S. Department of Justice U.S. Nuclear Regulatory Washington, D.C. 20530 Commi ssion Washington, D.C. 20555 Charles R.P. Brown, Esquire Brown, Paxton and Williams Ann P. Hodgdon, Esquire 301 South 6th Street Office of the Executive Legal P.O. Box 1418 Director Fort Pierce, Florida 33450 U.S. Nuclear Regulatory Commission Helen Shea Wells Washington, D.C. 20555 93 El Mar Drive Jensen Beach, Florida 33457 Thomas Gurney, Sr., Escuire 203 North Magnolia Avenue George R. Kucik, Esquire Orlando, Florida 32802 Mare Gary, Esquire Ellen E. Sward Robert E. Bathen Arent, Fox, Kintner, Plotkin & Kahn Fred Saffer 1815 H Street, N.W.

R.W. Beck & Associates Washington, D.C. 20006 P.O. Box 6817 Orlando, Florida 32803 George Spiegel, Esquire Robert Jablon, Esquire Daniel Guttman, Esquire Spiegel & licDiarmid 2600 Virginia Avenue, N.W.

Washington, D. C. 20037 William C. Wise, Esquire Suite 500 1200 18th Street, N.W.

Washington, D.C. 20036 William H. Chandler, Esquire Chandler, O'Neal, Avera, Gray & Stripling Post Office Drawer 0 Gainesville, Florida 32602 Janet Urban, Esquire U.S. Department of Justice J.A. Bou night, Jr.

~ -.P.O. Box 14141 Qowenstein, Newman, Reis &

Washington, D.C. 20044 Axelrad 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 DATED: May 6, 1981 (202) 862-8400

APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the. Matter of FLORIDA POWER 6 LIGHT COMPANY Docket No. 50-389-OL (St. Lucie Nuclear Power Plant, Unit No. 2)

AFFIDAVIT OF J. T. BLOUNT J. T. Blount,'eing duly sworn, deposes and says:

l. I am Assistant Secretary of Florida Power Light Company ("FPL"). ln that capacity, I am the official custodian of FPL's files in the absence of Astrid Pfeiffer.

2. Attachment A to this Response is an accurate and complete copy of a document entitled "Agreement For An Electrical Generation Facility And Steam Delivery Between Metropolitan Dade County, Florida And Florida Power 6 Light Company" contained in the official files of FPL. These files contain documents used or received by FPL in the ordinary course of its business.

J. T. Bloun Subscribed and sworn to before me this ~ day of May, 1981.

)g~~g Wl.

Notary Public HKARY fL'E'.IG STATE Ci fLQR! 9A'T LARGE Pe'IY QA'ai'(.ISSIOi'I Eiiksn~5 JA.k 6 198S Commission expires

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AGREEMENT FOR AN ELECTRICAL GENERATION FACILITY AND STEAM DELIVERY BETWEEN METROPOLITAN DADE COUNTY, FLORIDA AND FLORIDA POWER 2 LIGHT COMPANY

TABLE OF CONTENTS Section Title Pa e Number 1.0 Parties 2.0 Recitals 3.0 Definitions 0.0 Contract Documents 5.0 Obligations of the County 10 6.0 Obligations of FPL 15 7.0 Title 8.0 Risk of Loss 9.0 Indemnity and Insurance 10.0 Taxes 23 11.0 Testing and Acceptance 12.0 Warranty 26 13.0 Limitations of Liability 28 10.0 Patents 29 15.0 Term and Termination 31 16.0 Force Majeure 1?.0 Changes and Extra Work 18.0 Defective Work 19.0 Closing 36 20.0 Defaults 37 21.0 Representations 22.0 Equal Employment Opportunity and Civil Rights 39 23.0 Assignment 00 20.0 Non-Waiver 25.0 Arbitration 02

TABLE OF CONTENTS "Section Title Pa e Number 26.0 Notices and Correspondence 27.0 Effect of Section Headings 28.0 Applicable State Law 29.0 Acknowledgment of Agreement 30.0 Finality 31.0 Signatures 08 APPEN DICES Appendix "A" Purchase Price of Electrical Generation Facility and Contract Steam A-1 Appendix "B" Technical Description and Requirements Exhibit "A" Lease of Electrical Generation Facility Site EA-1 r

, Exhibit "B" Opinion of County's Counsel EB-1

~~

Exhibit ttltt Legal Description of Electrical Facility Site El-1

1.0 PARTIES The parties hereto (the "Parties" ) enter into this Agreement to be made effective as of this 18th day of October, 1977. The Parties hereto are:

1.1 Metropolitan Dade County, Florida (the "County").

1.2 Florida Power k Light Company, 9250 V/est Flagler Street, Miami, Florida ("FPL").

2.0 RECITALS Whereas, this Agreement is made with reference to the following facts:

21 The County desires to provide a long-term solution to the problem'f solid waste disposal that will efficiently and economically serve the residents of the County in an environmentally acceptable fashion.

2.2 The County is of the belief that a promising solution to the problem of solid waste disposal lies in the use of certain techniques to recover or reclaim various substances of potential value from the composite solid waste disposed of by its residents and in the use of other techniques to process the remaining solid waste and render it combustible, and to burn such waste autogenously and thereby to produce heated steam, which steam may then be used to produce electrical energy.

2.3 Acting in furtherance of the above belief, the County has contracted with Resource Recover y ((Dade County),

C Inc., a Delaware corporation, for the design, construction and operation of a Solid Waste Processing Facility, which facility is to be constructed to reclaim and process solid waste to prepare autogenous fuel and to produce heated steam through the combustion of this fuel; and for the design and construction of an Electrical Generation Facility, which facility is to be constructed to produce electrical energy from said heated steam.

2A *

'he FPL, which is en g a g ed in h generation, transmission and distribution of electrical power, desires to cooperate with the County to achieve a solution to the problem of solid waste disposal that will be efficient and effective, both environmentally and energetically.

2.5 FPL does, therefore d esire to cooperate with the County in the construction, 4

maintenance and operation of an Electrical Generation Facility, which will produce electrical energy from steam that is produced by the Solid Waste Processing Facility through the combustion of fuel derived from solid waste, which electrical energy is thus produced from potential energy in solid waste that would otherwise remain wasted and unused.

2.6 The County and FPL desire, by this Agreement, to define terms, conditions, rights, obligations and remedies with respect to said construction and purchase of this Electrical Generation Facility, and purchase of Contract Steam.

The Parti', therefore, agree as follows:

3.0 DEFiNiTiONS When used herein with initial capitalization, whether in the singular or in the plural, the following terms shall have the following defined meanings:

3.1 Acce t/Acce tance/Acce tance Date That point in time at which the Work is accepted by FPL, the date of which shall be determined by successful compliance with the performance guarantees set forth in Appendix B.

3.2 ~Areement This document, including all Contract Documents specifically identified and incorporated herein by reference (see Section 0.0).

3.3 ASME American Society of Mechanical Engineers.

3.0 Commencement Date The date on which the County issues the Contractor a written notice to proceed with the construction of the Solid Waste Resource Recovery Facilities.

3.5 Contract Documents The documents described in Section 0.0.

3.6 Contract Steam Quality Steam delivered to FPL which FPL shall purchase in accordance with Section 6.6 and Appendix "A."

3.7 Contractor Resources Recovery (Dade County), Inc.3 which was awarded a contract by the County to design, License and construct the Solid Waste Resource Recovery Facilities. The Contractor shall perform the Work as an independent contractor of the County and not as an independent contractor or a subcontractor or agent of FPL.

FPL retains no control or direction over the Contractor or its employees, or over the detail, manner or methods of the performance of the construction work.

3.S ~Count Metropolitan Dade County, Florida, a political subdivision of the State of Florida.

'a9 ~Da A calendar day (the mean solar day of twenty-four (20) hours beginning at mean I

midnight).

3.10 ~Drawin a Construction drawings, designs and plans for the construction of the Electrical Generation Facility, including, but not limited to, facility arrangement diagrams, equipment drawings, electrical interface diagrams, wiring interconnections and mechanical and electrical schematic control diagrams, site plans and site surveys, 1

r>

building drawings, equipment vendor drawings and other architectural or engineering designs, plans or drawings, including field sketches.

3.11 Electrical Facilit Site That portion of the site of the Solid Waste Resource Recovery Facilities which is used for the operation of the Electrical'eneration Facility, to be leased under a nonexclusive lease to'FPL after the Acceptance of the EGF in accordance with Section 11.0 and the lease attached hereto as Exhibit "A" and as more particularly described therein.

3.12 EGF or Electrical Generation Facilit The completed electrical generation facility (as described more fully in Appendix "B" ) included in the Solid Waste Resource Recovery Facilities, to be constructed by the County and to be purchased by FPL together with all necessary associated I

components, systems, equipment, materials and appurtenances necessary for its satisf actory operation. Included in the EGF are those directly associated transmission lines required to connect the electrical generator to an existing FPL transmission network. The EGF is divided into two parts. The facilities listed in Appendix B.5 are transmission related facilities ("Transmission Facilities" ). Those facilities listed in Appendix Ba6 are generation related facilities ("Generation Facilities" ).

3.13 FPL Florida Power R Light Company, a public utility engaged in the generation, transmission and distribution of electrical energy.

3.10 License(s)/Licensin Franchise, permit, certification, registration, charter, or similar form of authoriza-tion required for construction and operation of this project.

3.15 Maximum Steam Flow Rate The maximum flow rate in lbs./hr. at which Quality Steam will be supplied for electric generation use in the EGF. This flow rate is to be as recommended by the manufacturer of the turbo-generator included in the EGF.

3.16 Minimum Steam Flow Rate The minimum flow rate in lbs./hr. at which Quality Steam will be supplied for electric generation use in the EGF. This flow rate is to be as recommended by the manufacturer of the turbo-generator included in the EGF.

3.17 Minimum Steam uantit The minimum quantity of Quality Steam per Week, in pounds, to be supplied to the Electrical Generation Facility by the County, which minimum shall be set at sixty-six (66) million pounds per Week, subject to the Maximum or Minimum Steam Flow Rates and adjustment by agreement among the Parties.

3.15 ~hi hl The FPL bookkeeping month. Said bookkeeping month may not correspond to a calendar month.

3.19 Purchase Price The price to be paid by FPL for the Work, calculated in accordance with Section A.l of Appendix "A".

3.0~@i S Steam delivered to the EGF at flow rates greater than the Minimum Steam Flow Rate, but not greater than the Maximum Steam Flow Rate and which is within the

pressure, temperature, chemical quality and moisture content range recommended

. by the turbo-generator manufacturer for continuous operation of the turbo-generator included in the EGF.

3.21 SWPF or Solid. Waste Processin Facilit The facility for receiving and processing solid waste, reclaiming and recycling materials included therein, and burning the combustible portion thereof for the production of steam. The SWPF does not include the Electrical Generation Facility.

3.22 SWRRF or Solid Waste Resource Recover Facilities The complete facilities for the receiving and processing of solid waste, the recovery of resources, the production of steam and the generation of electricity. The SWRRF includes both the Solid Waste Processing Facility and the Electrical Generation Facility.

3. 3 ~klieg The documents necessary for the design, procurement of equipment and construction of the EGF stating the description, function, construction, performance and features of any and all items of the EGF, including those items described in Appendix "B."

I 3.20 Subcontractor A person, partnership, corporation, or joint venture contracting directly with the Contractor or another Subcontractor to perform any part of the Work or transport any portion of the EGF to the Electrical Facility Si'te.

3.25 Term The period of time in accordance with Section 15.0.

3. 6 ~Wkl kk A week shall consist of seven twenty-four (20) hour days, Sunday through Saturday, including all legal holidays.

3.27 Work 3

All equipment, services, transportation, materials, accessories, tools, engineering, scheduling, design, manufacturing, fabrication, Licensing, construction, inspection,

testing, documentation, and technical assistance during Licensing, construction, start-up, and initial operation of the EGF as described in Appendix "B" herein and required to be provided by the County or its Contractor or Subcontractor(s), in accordance with the provisions of this Agreement. Work includes only the EGF.

0.0 CONTRACT DOCUM ENTS The following documents constitute the Contract Documents and are hereby incorporated herein by reference. The Contract Documents are listed in the order to which reference is to be made to determine the scope of the Work, and in which the respective rights and obligations. of the Parties are defined. To resolve any conflict between or among these Contract Documents, the provisions of the first listed shall take precedence.

0.1 This Agreement.

0.2 Appendix "A" - Purchase Price of Electrical Generation Facility and Contract Steam.

0.3 Appendix "B" - Technical Description and Requirements.

0.0 Exhibit "A" - Lease of Electrical Generation Facility Site 0.5 Exhibit "B" - Opinion of County's Counsel 0.6 Exhibit "l" - Legal Description of Electrical Facility Site 5.0 OBLIGATIONS OF THE COUNTY 5.1 The County shall provide the Work as specified in this Agreement.

5.2 The EGF shall be constructed according to the following provisions:

5.2.1 Ifi conformance with the following:

5.2.1.1 The technical requirements and scope provided in Appehdix "B."

5.2.1.2 All applicable building, construction, or equipment codes and regulations, including those listed in Appendix "B" hereto; 5.2.1.3 Standard utility industry codes and practices for this type of equipment; and 5.2.1A Any and all rules and regulations, Licenses, ordinances, or laws of any public body having jurisdiction over the Work.

5.2.1.5 Any changes in the Work resulting from changes in such applicable laws, rules, regulations, codes and standards which may come about subsequent to the execution of this Agreement shall be the responsibility of the County.

5.2.2 In a workmanlike manner using good engineering and sound construction practices and employing methods of construction and materials accepted by the construction industry for the construction of electrical generation facilities of this type.

5.3 The County shall complete the Work in accordance with the following schedule:

5.3.1 Begin design of EGF within five (5) calendar days from the Commencement Date.

5.3.2 Complete design of EGF,including a detailed itemized list of equipment included in the scope of the EGF, within four hundred twenty-five (025) days from the Commencement Date.

5.3.3 Begin construction of EGF within one hundred fifty (150) calendar days from the Commencement Date.

5.3.0 Complete construction of EGF within nine hundred thirteen (913) calendar days from the Commencement Date.

5.0 The County shall submit to FPL all Drawings and Specifications for information purposes only and in accordance with the following schedule:

5.0.1 Within ninety (90) days after the Commencement Date, interface criteria, .

'system design parameters, basic systems diagrams, and general plant arrange-

. ment component drawings.

5.0.2 Within four hundred twenty-five (025) days after the Commencement Date, final plant arrangement drawings, systems diagrams, FPL interface criteria and such other data as may be reasonably requested by FPL.

5.0.3 Notwithstanding Sections 5.0.1 and 5.0.2 above, all Drawings and Specifica-tions shall be submitted at least thirty (30) days before the purchase or construction of any equipment, fixtures, devices, structures or similar items to which the Drawings or Specifications relate.

5.0.0 Within ninety (90) days after Acceptance, an "as-built" issue of all Drawings, as indicated in Appendix "B", to reflect the configuration of the EGF as actually built.

5.5 During the period when the EGF is under construction, the County shall perform the following activities in addition to those required by other Sections of this Agreement:

5.5.1 The County shall provide adequate security at the Electrical Facility Site.

5.5.2 The County, at no cost to FPL, shall grant'and provide to FPL a license to use and occupy the Electrical Facility Site for the purpose of inspection of the EGF. Such license shall include all rights of ingress, egress, and other uses necessary for the testing and inspection of the EGF; provided, however, that nothing herein shall be construed to give FPL the right to interfere with, prevent, hinder, delay, or in any way adversely affect the construction of the EGF, whether for the purposes of testing or otherwise.

5.5.3 The County shall use its best efforts to obtain reasonable access for FPL to the Contractor's or Subcontractor's manufacturing, fabricating and testing I

facilities; however, such access shall be limited to those areas of direct concern for the performance of the provisions of this Agreement and shall not include restricted areas where activities of a proprietary nature are conducted unless those activities are of direct concern to this Agreement.

5.5.0 The County shall file all freight claims arising from any and all overcharges, losses, or damages to any item of the EGF delivered by carrier. The County shall prepare any and all applications to carriers or to regulatory bodies should special rates be required for such delivery.

5.5.5 The County shall work in close cooperation with FPL or its designated representatives so as 'to assure that performance of the Work will conform with this Agreement.

5.6 The County shall be responsible to obtain all required Federal, State and Local construction and operating Licenses, where applicable, for the SWRRF. All studies, environmental assesments . and fees required for such Licenses shall be the responsibility of the County and shall be reviewed by FPL prior to making application. Zoning of the SWRRF shall be the responsibility of the County. All conditions of Licenses must be agreed to by FPL.

5.6.1 FPL will not be held responsible for and the County will hold FPL harmless from any liability for any violations of conditions of Licenses that FPL did not agree to.

5.6.2 FPL will assist the County with information required for studies and P

environmental assessments which is within FPL's operating expertise for the EGF.

5.6.3 FPL will be allowed to become a party to such hearings or proceedings.'ecessary for the County to obtain all construction and operating Licenses where applicable.

5.6A The County shall comply with all conditions of all Licenses.

5.7 The County shall provide all metering and telemetering equipment, as specified in Appendix "B" and as required to permit determination of the amount of power and energy delivered to FPL's system. All meters pertaining to billing shall be sealed and shall, e'xcept in an emergency, be opened only in the presence of authorized.

representatives of the County and FPL. The billing meters and associated equipment shall be tested and inspected annually by authorized representatives of the County and FPL.

5.8 The County shall provide all necessary test connections required by the applicable ASME Power Test Codes so that FPL may connect test equipment for the performance of tests of the EGF.

5.9 The County shall submit to FPL, in addition to any other documents, Specifications or Drawings required by this Agreement, all information and documents required by FPL as noted in Appendix "B" including, but not limited to, a schedule for construction, prints of all construction drawings, cost reports and copies of an inspection or plant data book.

5.10 After the SWRRF has been constructed, the County shall perform testing procedures as described in Section 11.0.

5.11 The County shall execute the lease, effective as of the date of passage of title to the Transmission Facilities, for the Electrical Facility Site in the form attached hereto as Exhibit "A", so that FPL may use and occupy the Electrical Facility Site for purposes of operating the EGF to generate and transmit electrical power.

5.12 After the Acceptance Date, the County shall deliver and sell to FPL Contract Steam produced by the SWPF, for the price set forth in Appendix "A".

5.13 The County shall, in compliance with all rules and regulations of any governmental agency, provide for the disposition of any steam which is not Contract Steam or steam which is not accepted by FPL.

5.10 The County shall purchase any electrical power required for the operation of the Solid Waste Processing Facility from FPL in accordance with FPL's normal distribution policies and applicable rate schedules in existence during the term of this Agreement.

5.15 The County shall be responsible for any damage to the EGF resulting from the operation of the SWPF.

5.16 The County shall pay for the cost of major repairs or maintenance to the EGF where such repairs or maintenance are capitalized by FPL. Payments to the County shall be adjusted to reflect such costs, except that there shall be no adjustment for repairs covered by warranties outlined in Section 12.0.

5.17 Should at any time the Florida Public Service Commission or any other regulatory agency rule that the EGF or any portion thereof not be included in FPL's rate base for rate making purposes, or that the purchase of Contract Steam from the SWPF not be included in FPL's fuel adjustment calculations, the County shall use its best efforts to reach a solution agreeable to FPL including appealing such actions to the Florida Public Service Commission or amending the appropriate sections of this Agreement.

5.18 The County shall promptly notify FPL, in writing, if the purchase contract between the County and the Contractor, dated September 28, 1976, is terminated. The County shall also promptly notify FPL, in writing, upon occurrence of the Commencement Date.

5.19 If the Monthly value of the payment for Contract Steam as defined in A.2, is less than zero, then the County shall pay to FPL the value of "Z," as outlined in A.3, within thirty (30) days after notification by FPL.

5.20 Prior to Acceptance, the County shall reimburse FPL, on a Monthly basis, for all cost and expenses invoiced by FPL to the County as outlined in Section 6.10.

6.0 OBLIGATlOV'5OF FPL 6.1 FPL shall commence payment for the EGF in accordance with Section 11.0.

Payment of the Purchase Price for the EGF shall be made to the County in accordance with Appendix "A."

6.2 FPLshall lease the Electrical Facility Site from the County, upon passage of title to the Transmission Facilities, in accordance with the lease attached hereto as Exhibit "A."

6.3 FPL shall synchronize or remove the EGF to or from FPL's transmission system.

6.0 FPL shall assist the County in providing the necessary FPL technical personnel to participate in meetings and public hearings requested by the various regulatory agencies in connection with the performance of this Agreement.

6.5 After the Acceptance Date and throughout the Term of this Agreement, FPL shall, subject to normal maintenance and outage time, operate and maintain the EGF so that the EGF produces and continues to be capable of producing electrical energy, provided that FPL shall not be responsible for failure or non-performance of the EGF resulting from any breach of warranty or failure of the County to provide the Work in accordance with the standards set forth in this Agreement.

6.6 After the Acceptance Date and throughout the Term of this Agreement, FPL shall accept and purchase all Contract Steam produced by the Solid Waste Processing Facility and delivered to the Electrical Gener'ation Facility as follows:

6,6.1 AU Quality Steam produced by the SWPF and delivered to FPL shall be considered Contract Steam unless either of the following conditions exists:

6.6.1.1 The EGF is not mechanically or electrically capable, other than as a result of negligence of FPL and its employees, of generating electrical energy. Reasonable downtime for maintenance purposes shall be considered a period when the EGF ls not capable of generating electrical energy.

6.6.1.2 More than one hundred twenty-seven million six hundred eighty thousand (127,680,000) pounds of Contract Steam have been purchased by FPL during any weekly period.

6.6.2 FPL shall pay the County for Contract Steam delivered to the EGF Monthly in accordance with Appendix "A".

6.7 FPL shall calculate, on a Monthly basis, the payments for Contract Steam and shall submit to the County within thirty (30) days after the end of the Monthly period an itemized statement of amounts due the County or FPL, as the case may be.

6.7.1 Payments of amounts due the County shall be paid within ten (10) days after the County receives and approves such statement.

6.7.2 Payments of amounts due FPL shall be paid within ten (10) days after the County receives and verifies such statement.

6.8 FPL shall maintain records for the Electrical Generation Facility and.shall submit to the County a reasonably itemized statement of costs of reviewing construction or operation and maintenance of the EGF when such costs are used in the calculation of the Purchase Price or of the payment for Contract Steam in accordance with Appendix "A".

6.9 FPL shall provide the County reasonable access to the records of the EGF used for the calculations made in accordance with Appendix "A", and for the invoices submitted to the County in accordance with Section 6.10.

6.10 Upon the effective date of this Agreement FPL shall maintain records to accumulate all its actual costs and expenses, related to its efforts under this Agreement, which occur prior to Acceptance. FPL will invoice the County for all said costs and expenses on a Monthly basis, and the County shall pay said invoice within thirty (30) days of receipt of the invoice. All FPL costs and expenses which occur subsequent to Acceptance shall be paid in accordance with the terms of Appendix "A".

7.0 TITLE 7.1 As soon as the EGF Transmission Facilities have been completed or substantially completed and are ready for testing but prior to their having been energized in any way whatsoever, the County shall notify FPL in writing that the Transmission Facilities are ready for inspection and that they have not been energized. As soon as FPL has inspected these facilities and shall have notified the County in writing that it is ready to take title to the Transmission Facilities, title to the Transmission Facilities shall pass to FPL. =Title to the Generation Facilities shall pass to FPL upon Acceptance of the EGF. However, passage of title shall not be construed to impair any rights which FPL may have for recovery of damages under the terms of this Agreement.

7.2 Title to the EGF and to each component or part thereof shall be free and clear of all liens and encumbrances howsoever incurred, except pursuant to the provisions of any applicable mortgage required for the County to finance the EGF. The County shall, at its sole expense, correct any and all liens or encumbrances prior to passage of title except those permitted by this Section. The County further agrees to hold FPL harmless from any and all judgments, expense or cost, including reasonable attorneys'ees {including fees incurred in prosecuting or defending any appellate'roceeding),

incurred by FPL as a result of any such liens or encumbrances.

8.0 RISK OF LOSS The County shall retain all risk of loss or damage of any nature to any and all Work until Acceptance in accordance with Section 11.0.

8.2 After any loss or damage for which the County shall bear the risk, the County shall, with due diligence and dispatch, replace lost or damaged items at its own expense.

This provision shall not be construed to prevent the County from recovering the proceeds of any applicable insurance covering such loss or damage.

8.3 Passage of risk of loss shall not be construed to impair the rights of FPL under Section 9.0 or Section 12.0.

8.0 Notwithstanding Sections 8.1, 8.2 and 8.3, the County shall be liable for any losses incurred by FPL due to (1) faulty operation of the SV/PF or (2) delivery of steam which is not Quality Steam.

9.0 INDEMNITY AND INSURANCE nit 9.1 Prior to Acceptance the following provisions shall apply:

dern 9.1.1 ~ln The County agrees to have its Contractor perf orm the Work as an independent contractor of the County and not as an independent contractor, subcontractor or agent of FPL. FPL retains no control or direction over the County or it's Contractor or employees of either or over the detail, manner or methods of the performance of the described Work by the afore-named parties. The County also agrees to have its Contractor protect, defend and hold FPL free and unharmed against any liabilities whatsoever including cost of attorney's fees, 'whether or not due to or caused by FPL's negligence, resulting in connection with performance of the described Work by Contractor, its employees or Subcontractors. The Contractor's said obliga-tion to protect, defend and hold FPL unharmed against any such liabilities shall extend up to, but shall not exceed the sum of $ 10,000,000 for injury to or death of person(s) and/or damage to property arising out of a single occurrence.

9.1.2 On or before the Commencement Date and thereafter until the Acceptance Date, the County shall have the Contractor procure and maintain at the Contractor's expense insurance of such types and such amounts as shall be necessary to protect the County, FPL, the Contractor, Subcontractors, and all of their agents and employees and the Work. All insurance shall be with insurance companies which are licensed to do business in the State of Florida.

The insurance shall include, but not necessarily be limited to, the following insurance coverages:

9.1.2.1 Comprehensive general liability insurance including contractual liability and products/completed operations liability insurance, covering all operations required in the performance of this Agreement. This insurance shall have a combined single limit of

$ 10,000,000 for personal injury or death of person(s) and/or property damage arising out of a single occurrence.

9.1.2.1.1 FPL, the County and the County's independent engineers shall be named as insureds under such policies and shall be held free of subrogation rights by the insurers. There shall. be severability of interest.

9.1.2.1.2 Such policies shall include coverage for damages caused by blasting, collapse, or structural injury and damage to underground utilities.

9.1.2.1.3 The products/completed operations liability insurance shall be provided for a period of at least one (1) year after the Acceptance Date.

9.1.2.1.0 The contractual liability insurance coverage shall insure the performance of the contractual obligations assumed by the Contractor, including specifically, but without limitation thereto, the indemnity agreement in Section 9.1.1.

9.1.2.2 'orkers'ompensation employers'iability insurance in the amount of Workers'ompensation/Employers'iability Insurance statutory obligations imposed by applicable Workers'ompensation or Occupational Disease Laws, including, where applicable, the Railroad Labor Act, the United States Longshoremen's and Harbor Workers'ct, the Federal Employers'iability Act and the 3ones Act. Employers'iability Insurance shall be provided with a minimum limit of $ 500,000 per accident.

9.1.2.3 Automobile liability insurance with the following minimum limits of liability:

Bodily Injury $ 3,000,000 Each Liability Occurrence Property Damage $ 1,000,000 Each Liability Occurrence 9.1.2.3.1 This insurance is to apply to all owned, non-owned and hired automobiles used by the Contractor in the performance of the Work.

9.1.2.3.2 FPL, the County and the County's independent engineers shall be named as insured under such policies and shall be held free of subrogation rights by the insurers.

9.1.3 At the County's option, the County may prepare, maintain, and establish a wrap-up insurance program covering allowed parts of said insurance require-ments; provided such policy does not diminish any insurance coverages required by this Agreement.

9.2 Subsequent to Acceptance the following provisions shall apply:

9.2.1 Except as otherwise provided for in this Agreement, FPL agrees to be responsible for loss of or damage to FPL property on the Electrical Facility Site and agrees to release the County its contractors and subcontractors from any liability arising out of loss of or damage to such property on the Electrical Facility Site caused by the County, its employees, agents, contractors or subcontractors regardless of negligence, provided that the responsibilities of FPL hereunder shall in no way limit FPL's rights under the warranty provisions outlined in Section 12.0. FPL may insure or self-insure.

its risk of loss as it so chooses.

9.2.2 The County agrees to be responsible for loss of or damage to County property on the SWRRF site, including property covered by warranties outlined in Section 12.0, located on the Electrical Facility Site, and agrees to release FPL, its contractors or subcontractors from any liability arising out of loss of or damage to property on the SWRRF site, including property covered by warranties outlined in Section 12.0, located on the Electrical Facility Site, caused by FPL, its employees, agents, contractors, or subcontractors regardless of negligence. The County may insure or self-insure its risk of loss as it so chooses.

9.2.3 For liabilities of each Party due to loss of or damage to any property not part of the SWRRF site, or due to any bodily injury to or death of person(s), the County shall include FPL into any risk management system of protection, such as indemnity agreements or purchased insurance, and shall have FPL protected by such*system to the extent that the County is so protected from such liabilities.

10.0 TAXES 10.1 The County shall pay any and all sales, use, property, gross receipts, or similar taxes now or hereafter imposed by federal, state, municipal, or other local authorities on the Work, its sales, use, or installation and shall pay any and all such sales, use, or similar taxes incurred in connection with buying materials for use in the Work.

10.2 Income taxes, unemployment insurance, old age benefits, retirements benefits, life pensions, annuities, and business licenses which may now or hereafter be imposed by federal, state, municipal or local authorities, whether measured by wages, salaries, remuneration or otherwise (hereinafter called "Taxes" ) for persons employed by the County or its Contractor in connection with furnishing any or all of the Work shall not be the obligation of FPL. The County shall comply with all laws applicable to such Taxes, to maintain suitable forms, books, and records related thereto, and to indemnify and save FPL harmless from the payment of any and all such Taxes.

10.3 Taxes on material, equipment, and related items used by the County at the Electrical Facility Site, but not ultimately to be owned by FPL, shall be the obligation of the County.

11.0 TESTING AND ACCEPTANCE 11.1 The County shall conduct tests of the SWRRF to determine whether the EGF meets the criteria and standards of performance set forth in Appendix "B".

ll.l.l Not less than twenty (20) days prior to a scheduled test, the County shall notify FPL, in writing, that the Solid Waste Resource Recovery'Facilities will be tested. All tests shall be conducted in the presence of authorized representatives of the County and FPL; provided, however, that a test shall not be disregarded due to FPL's absence if (a) FPL was notified of the date and time of the test within twenty (20) days of the test; or (b) FPL waives in writing its right to be present at the test. Anything to the contrary herein notwithstanding, there shall be no testing of the EGF Transmission Facilities in any way in which those facilities may become energized prior to the passage of title of the Transmission Facilities to FPI 11.1.2 All scheduled testing of the SWRRF shall be at the County's expense and risk.

11.1.3 All scheduled testing shall be undertaken with the SWRRF operating as a unit; that is, the EGF shall use and employ Quality Steam produced solely by the SWPF.

11.2 FPL will accept the EGF and commence payment for the EGF when its operation has been successfully demonstrated with all equipment necessary for operation and meets or exceeds performance guarantees 'as outlined in Appendix "B." If the EGF is inoperative or inspection or demonstration indicate that the EGF or any part thereof is not in conformance with the provisions of this Agreement, Acceptance shall not take place and payment shall not commence. FPL shall notify the County, in writing, that Acceptance has occurred.

11.3 lf the EGF or any part thereof shall fail to satisfactorily pass inspection, demonstrations, or manufacturer's performance guarantees, the County, shall, at its expense, make such adjustments, modifications, design changes, repairs and replacements as are necessary to remedy the cause or causes of the failure to pass the inspections, demonstrations, or meet guarantees. Upon the completion of such remedial work, the EGF shall be subjected to such further tests and shall demonstrate that it will perform satisfactorily.

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12.0 WARRANTY 12.1 The County warrants to FPL that the Work to be provided under this Agreement shall be:

12.1.1 New and free from def ects or deficiencies . in design, material, workmanship, manuf acture and title; 12.1.2 The kind, quality and design designated or specified in this Agreement and shall meet all requirements and specifications contained herein, including those provided in Appendix "B";

12.1.3 Performed in accordance with the standards of care, skill and diligence consistent with well-recognized and sound professional practices and, procedures.

12.2 The County warrants that the EGF shall be complete with all necessary accessories and fit for the particular purpose of generating electric power as designated or specified in this Agreement when operated in accordance with specified operating instructions or, in the absence thereof, with accepted practices of the electric utility industry and shall perform in accordance with all Performance Guarantees contained in Appendix "B," including but not limited to those relating to output and compatibility with FPL's transmission facilities.

12.3 The County warrants that the civil portion of the Work shall be free from defects and will be of first-class workmanship and materials.

12.0 The warranty for the EGF turbine-generator and associated turbine-generator equipment including spare parts, and the switchgear equipment shall expire three years from date of Acceptance of the EGF. The warranty for the other portions of the Work shall expire one year from date of Acceptance of the EGF.

12.5 Upon discovery of any breach of warranty, FPL.shall notify the County of such breach and shall make the Work available for correction as soon as FPL may conveniently remove such Work from service. The County shall thereupon at its sole expense, promptly correct any and all such breaches of warranty, including

nonconformance with any specifications, either (at its option) by repairing any defective part, or by replacing such parts with nondefective parts, or by adding new and nondefective parts. All costs and expenses including, but not limited to, labor, parts, equipment, materials, suppliers, freight and storage incurred in the correction of such breaches of warranty shall be borne solely by the County and the County shall reimburse FPL for any such costs and expenses which are provided or paid for by FPL.

12.6 All repaired, replacement, or added Work, or any part or combination thereof, shall carry the same warranties and warranty periods stated in 12.1, 12.2, 12.3, 12.0 and 12.5 except that the warranty periods shall be for one year from date of completion of repair, replacement, or added work, if said one year period expires later than the applicable warranty periods set forth in Section 12.0.

'13.0 LIMITATIONSOF LIABILITY 13.1 Except as specifically provided herein, each Party shall be liable for all damages arising out of breach of this Agreement by such Party.

13.2 FPL shall not be liable for any costs or damages due to the inability of the County or its designated representatives to obtain any required Licenses for the manufacture, construction, installation and operation of the SWRRF.

13.3 Neither party shall be liable in contract, in tort (including negligence), or otherwise to the other party for any incidential or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use of or underutilization of the other party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either parties'erformance or nonperformance of their obligations under this Agreement.

13.0 FPL agrees to purchase Contract Steam in accordance with the terms of this Agreement.

13.5 Except as provided for in this Agreement the County shall not be liable to FPL for failure to provide FPL with any or a specified quantity of Quality Steam.

10.0 PATENTS 10.1 The County shall, at its own expense, defend, indemnify, save harmless, and pay any and all awards of damages assessed against FPL, its officers, agents, and employees, or any of them, from and against liability or loss, including costs and expenses and reasonable attorneys'ees (including fees incurred in prosecuting or defending any appellate proceeding), claims, suits, or judgments on account of infringements of patents, copyrighted or secret processes, trade secrets, patented inventions, articles, or appliances or claims thereof pertaining to the Work, or any part thereof, combinations thereof, processes therein or use of any tools or implements used by the Contractor. Notwithstanding the above, the County shall not be obligated: (a) to indemnify or save harmless FPL against any damages that, but for FPL's failure to notify the County of claims or suits threatened or asserted against FPL, the County would not have incurred, provided that FPL knew or should have known of such claims or suits; or (b) to honor settlements made without its prior written consent.

10.2 The County shall, at its sole expense, procure for FPL the right to continue using for full life of this Agreement the Work, or part thereof or process therein.

10.3 If, in any such suit or proceeding, a temporary restraining order or 'preliminary

'injunction is granted, the County shall make every reasonable effort, by giving a satisfactory bond or otherwise, to remove the injunctions.

10.0 If, in any such suit or proceeding, the Work, or part thereof, combination thereof, or process therein is held to constitute an infringement and its use is permanently enjoined, the County shall at once make e'very reasonable effort to secure for FPL a license, at no expense to FPL, authorizing the continued use of the Work, or part thereof or process therein.

10.5 If the County is unable to secure such license within a reasonable period of time, the County shall, at its own expense and without impairing the performance require-

ments of the Work, or any part thereof, combination thereof, or process therein, cause to have replaced same with noninfringing components or parts or modify same so that they become noninfringing.

10.6 If any infringements of patents, copyrighted or trade secret processes, trade secrets, patented inventions, articles or appliances or claims thoreof pertaining to the Work result in a period when the EGF is not capable of generating electrical energy, FPL shall not be obligated to purchase or pay for the EGF or Contract Steam during such time period.

15.0 TERM AND TERMINATION 15.1 The Term of this Agreement shall be a period of time from the effective date of this Agreement until twenty (20) years from the Acceptance Date, unless this Agreement is extended or sooner terminated in accordance with this Section 15.0.

15.2 The Term of this Agreement can be extended by mutual agreement between the parties.

15.3 FPL or the County may terminate this Agreement if any of the following occurs:

15.3.1 If the Commencement Date does not occur within twenty-four (20) months after the effective date of this Agreement; or 15.3.2 If Acceptance does not occur within fifty-four (50) months after the Commencement Date; or 15.3.3 If a default occurs as specified in Section 20.2 of this Agreement; or 15.3.0 If the parties mutually agree to terminate the Agreement; or 15.3.5 If any uncontrollable causes covered by Section 16.0 of this Agreement cause a delay in construction of greater than thirty-six (36) months or prevent operation of the EGF in accordance with the performance guarantees outlined in Appendix "B" for a period of greater than thirty-six (36) months; or 15.3.6 At any time after the Acceptance Date, if for a period of thirty-six (36) consecutive months, either (1) the EGF is not capable of satisfactory operation in accordance with the performance guarantees outlined in Appendix "B" or (2) the SWPF is not supplying the Minimum Steam Quantity.

15.0 In the event of termination, FPL shall not be liable for any costs associated with such termination.

15.5 In the event of termination, FPL, at its sole discretion, shall have the right to purchase and/or retain title to the EGF or any part or parts thereof. If FPL elects to purchase and/or retain title to the EGF or any part or parts thereof, the price to be paid shall not exceed either (1) the direct cost of the EGF or such part or parts thereof at the date of termination, or (2) the original Purchase Price less any previous payments made on the EGF. If FPL elects not to retain title to the EGF or any part or parts thereof, the County shall accept title to the EGF or such part or parts thereof, and FPL shall not be liable for any costs or damages.

15.6 In the event of termination or expiration of this Agreement, the County shall reimburse FPL for all costs incurred by FPL as a result of FPL entering into this Agreement. Such costs shall be those costs not previously recovered by FPL in accordance with the provisions of Section 6.10 and Appendix A..FPL shall submit an invoice for the amount to the County within sixty (60) days after termination or expiration. The County shall have sixty (60) days to verify and pay said invoice. In addition to such reimbursement, if FPL shall have incurred a cumulative, negative impact on its income statement or balance sheet due to FPL entering into this agreement, then the two Parties shall agree upon a suitable accounting firm, to evaluate said cumulative negative impact, if any, in the event of termination or expiration of this Agreement. The cost of the accounting firm shall be split evenly by the parties. The County shall pay FPL the amount calculated by said accounting firm which would be sufficient to ensure correction of said cumulative negative impact within sixty (60) days following the submission of the accounting firm's report.

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16.0 FORCE MA3EURE 16.1 Performance of this Agreement by each Party shall be pursued with due diligence in all requirements hereof; however, neither Party shall be liable for any loss or.

damage for delay or for nonperformance if such delay or nonperformance is due to causes not reasonably within the control of either Party, including> but not limited to, the following: (a) acts of civil or military authority, including courts and regulatory agencies; (b) acts of God; (c) war, riot, or insurrection; (d) inability to obtain required construction permits; (e) blockades and embargoes; (f) sabotage; (g)

I epidemics; (h) fires; (i) floods; and (j) strikes, lockouts, or other labor difficulties, provided such labor difficulties do not arise from acts which are finally adjudicated to be unfair labor practices under The National Labor Relations Act, as amended, by a court of competent jurisdiction. In the event of any delay resulting from such causes the time for performance hereunder shall be extended for a period of time reasonably necessary to overcome the effect of such delays.

16.2 In the event of any delay or nonperformance caused by the above causes, the Party affected shall promptly notify the other in writing of the nature, cause, date of commencement thereof, and the anticipated extent of such delay and shall indicate whether it is anticipated that the completion dates would be affected thereby.'33-

17.0 CHANGES AND EXTRA WORK The following provisions shall relate to changes or modifications ("Changes" ) to the original requirements or scope outlined in Appendix "B." Such Changes shall relate to the design or construction of the EGF, including modification or redrafting of any Drawings or plans, modification, reconstruction, addition, or removal of planned or existing equipment, fixtures, structures, or any other elements of the EGF in whatever state of design or construction:

17.1 The County shall make all Changes in the EGF as required by any new or existing law, regulation, rule or ordinance of any public authority having jurisdiction over the EGF.

172 Any increase or decrease in costs for the design or construction of the EGF resulting from any Change described in this Section 17.0, shall be considered an addition or deletion to the Purchase Price of the EGF.

17.3 Changes in the EGF may be requested in writing by FPL's authorized representative as specified in Section 26.0. Changes may also b'e requested by the County. Such Changes in the EGF shall be undertaken subject to the following provisions:

17.3.1 County and FPL shall concur in writing on all Changes prior to incorporating the Change into the Work.

17.3.2 The change in price, if any, of such Changes shall be agreed upon by the County and FPL.

17.3.3 Notwithstanding Section 5.3, the County shall be permitted such additional time for performance as may be reasonably required to effectuate the Change.

1S.O DEFECTIVE WORK 18.1 FPL may reject any Work which does not conform to the provisions of this Agreement. In such event, the County shall promptly, at its own expense, either remove or correct in place such Work, as requested by FPL.

1S.2 Any failure on the part of FPL to reject or disapprove of any Work shall not be construed to be an Acceptance of any Work not conforming to the provisions of this Agreement.

19.0 CLOSING 19 1 A closing of the purchase of the Electrical Generation Facility shall be held not less than five (5) days after the Acceptance Date.

19.2 The County shall deliver to FPL at the closing an executed copy of the Lease of the Electrical Facility Site and an executed bill of sale for the Electrical Generation Facility conveying all the County's right, title, and interest in the EGF to FPL in a form acceptable to FPL and providing that the duties, interests and obligations provided in this Agreement shall remain in full force and effect and that such bill of sale shall be subject to such duties, interests or obligations, and proof that title is being so conveyed, together with any and all documents, reasonably requested by FPL, including an opinion of the County's counsel in the form attached hereto as Exhibit "B".

19.3 FPL shall deliver to the County an executed Lease and any other documents, including an opinion of FPL's counsel, reasonably requested by the County.

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20.0 DEFAULTS 20.l Nothing in this Agreement shall limit either Party's right to any and all remedies provided under law, except as specifically limited herein.

20.2 This Agreement shall not be deemed an asset of either of the Parties. Upon five (5) days notice either of the Parties may terminate this Agreement in the event of any voluntary or involuntary receivership, bankruptcy, or insolvency proceedings of either Party.

21.0 REPRESENTATIONS 21.1 The County represents and warrants ants t a thee execution and delivery of this to FFPL that a ro riatee actions of its governing body, Agreement has been duly authorized by all appropna and this Agreement constitutes the legal,al va i, valid, an i and binding obligation of the County enforcea ble in accordance with its terms. gV 21.2 FPL represents and warrants to the t a thee execution and delivery of this he County that Agreement has been duly authorize zed b y all necessary corporate 's actions and constitutes the legal, valid, and bindin i in ing oobligation of FPL in accordance with its terms.

22.0 E UAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS 22.1 The County shall conform to the requirement, where applicable, of Executive Order 11206 of September 20, 1965, as amended, 0! CFR ch. 60, the Rehabilitation Act of 1973, the Veterans Readjustment Act of 1970 and all other applicable statutes or regulations pertaining to discrimination in employment or hiring practices.

22.2 The County shall defend, indemnify, and save harmless FPL against any and all claims arising from or related to the hiring practices of the County, the Contractor or Subcontractors.

'3.0 ASSIGNMENT 23.1 If this Agreement should be validly assigned by either of the Parties, it shall be binding upon and shall inure to the benefit of the assignee.

23.2 No transfer by the County or FPL of any duty, interest, or claim under this Agreement shall relieve the County or FPL of its obligations hereunder, unless the County or FPL shall consent in writing to the other Party's release.

23.3 Except as provided below, this Agreement cannot be assigned by either Party without the prior written consent of the other Party.

23.0 Assignments are permitted under this Agreement in the following circumstances:

23.0.1 The County may at its sole discretion assign its right to receive steam payments without the approval of FPL.

23.0.2 FPL may assign, contract or subcontract the operation of the EGF. At least three (3) months before FPL may assign, contract or subcontract the operation of the EGF, FPL shall make a bona fide offer in writing (the "Offer") to the County stating fully the terms and conditions under which such assignment, contract, or subcontract is proposed. Thereafter, the County shall have the option to accept the Offer on the terms and conditions as stated, within a period of sixty (60) days after the County is mailed the Offer, by mailin'g written notice to FPL. In the event that the County does not exercise its option, FPL shall have the right to assign, contract, or subcontract the operation of the EGF to any third party on the stated terms and conditions, but subject to the provisions of this Section 23.0. If the County elects to exercise its option and accept the Offer, the County shall, in writing, release FPL of its obligations and the County shall have the right to re-assign to the Contractor the right to operate the EGF, without the consent of FPL; I

20.0 NON-WAIVER Failure of either FPL or the County to insist upon strict performance of any of the provisions hereof, or failure or delay in exercising any rights or remedies provided herein or by law, or the Acceptance of or payment for the Work, any part or combination hereunder, or approval of design, shall not release either of the Parties. of any of their obligations under this Agreement and shall not be deemed a waiver of any rights of the Parties to insist upon strict performance hereof, or of any of the Parties rights or remedies under this Agreement or by law.

25.0 ARBITRATION 25.l Whenever a dispute arises between the Parties concerning this Agreement or any of the Work performed hereunder, the Parties shall use their best effort to resolve the dispute by mutual agreement.

25.2 In the event the Parties cannot reach such mutual agreement, and both Parties agree in writing to arbitrate the dispute, then the arbitration shall be conducted in accordance with the Commercial Rules of Arbitration of the American Arbitration Association. The decision of the arbitrators with respect to such issues shall be reduced to writing with a full explanation of its factual and legal basis and shall be rendered within thirty (30) days after all evidence and arguments have been submitted.

25.3 There shall be three arbitrators. The Party demanding arbitration shall inform the other Party of the name of its arbitrator and the Party receiving demand shall, within fifteen (15) calendar days thereaf ter, name its arbitrator. The two arbitrators so designated shall choose a third- In the event that the Party receiving demand for arbitration fails to name an arbitrator within the time specified, then an arbitrator shall be named by the Chief Judge, United States District Court, Southern District of Florida, and in the event that the two arbitrators named fail to name a third arbitrator, then the Chief Judge, United States District Court, Southern District of Florida, shall name the third arbitrator.

25.0 In such event, the Parties shall share equally the expenses of the arbitrator's fee and shall each pay for their own costs and expenses incurred incident to and resulting from arbitration.

26.0 NOTICES AND CORRESPONDENCE 26.1 All notices pertaining to or affecting the provisions of this Agreement shall be in writing and either delivered in person or sent by registered or certified mail to the .

Parties at the following addresses:

26.1.1 Correspondence to FPL:

Mailed: Project Manager, Resource Recovery Project Florida Power R Light Company Post Office Box 013100 Miami, Florida 33101 Delivered: Project Manager, Resource Recovery Project Florida Power dc Light Company 9250 West Flagler Street Miami, Florida 33170 26.1.2 Correspondence to the County:

Mailed: The County Manager Dade County Courthouse 73 West Flagler Street Miami, Florida 33130 Delivered: The County Manager Dade County Courthosue 73 West Flagler Street Miami, Florida 33130 26.2 A correspondence matrix delineating types of correspondence and to whom the correspondence will be mailed will be supplied by FPL upon acceptance of this Agreement.

26.3 Either of the Parties shall be entitled to specify as its proper address, any other address upon written notice to the other Party.

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27.0 EFFECT OF SECTION HEADINGS Section headings appearing in this Agreement are inserted for convenience of reference only and shall in no way be construed to be interpretations of text.

28.0 APPLICABLE STATE LAW The rights, obligations, and remedies of the Paries as specified under this Agreement shall be interpreted and governed in all respects by the laws of the State of Florida.

29.0 ACKNOWLEDGMENTOF AGREEMENT The foregoing accurately reflects the understanding of FPL and the County. This document, together with Appendices "A" and "B," and Exhibit "A", "B" and "I" hereto is made legal and binding by authorized representatives signing below.

30,0 FINALITY This written Agreement is intended as the final, complete, and exclusive statement of the terms of the agreement between the Parties. The Parties agree that parol or extnnsic evidence may not be used to vary or contradict the express terms of ths Agreement and that recourse may not be had to alleged prior dealings, usage of trade, course of dea)ing, or course of performance to explain or supplement the express terms of th>s Agreement.

This Agreement shall not be amended or modified, and no waiver of any prov~sion hereof shall be effective, unless set forth in a written instrument authorized and executed with the same formality as this Agreement.

31.0 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be made effective as of the day and year first above written.

METROPOLITAN DADE COUNTY, FLORIDA BY ITS BO D OF COUNTY COMMISSIONERS By

. R. Stierheim Metropolitan Dade County Manager ~~ 7 Attest:

Mh])$

+:"'o"p By .0! COUNTY Deputy Clerk (P R)O, r(7 7g ~ ~~

A'LORIDA POWER R LIGHT COMPANY By H. L. Allen Group Vice President li -tg-l7 Attest:

By Secreta lo-i'I-~9 APPENDIX "A" PURCHASE PRICE OF ELECTRICAL GENERATION FACILITY AND CONTRACT STEAV

APPENDIX "A" A.1 PURCHASE PRICE OF ELECTRICAL GENERATION FACILITY FPL shall purchase from the County the Electrical Generation Facility under the terms and conditions as set forth hereinafter.

A.l.l The Purchase Price of the Electrical Generation Facility shall be Twel've Million Seven Hundred Forty-two Thousand Three Hundred Eighty-one Dollars

($ 12,702,381.00), which sum is based upon the cost of labor, machinery and equipment prevailing on June 1, 1976 and further described in Appendix "B." The Purchase Price will be adjusted upward or downward to reflect changes subsequent to June 1, 1976 and the adjusted Purchase Price shall be calculated by adding together the dollar amounts derived from the following computations:

'A.l.l.l Ten percent (10%) of the Purchase Price shall be multiplied by the percentage by which the average Hourly Earnings in the Steam Engine and Turbine Industry (SIC-3511) as determined and reported monthly by the Bureau of Labor Statistics of the U. S. Department of Labor or it' successor index changes during the period beginning June 1, 1976 and ending in the month in which the last turbogenerator is shipped to the County or the Contractor; provided, however, that such period shall not be longer than twenty-four (20) months from the Commencement Date; A.1.1.2 Ten percent (1096) of the Purchase Price shall be multiplied by the percentage by which the Steel Mill Products Index (%PI-10-13) as determined and reported monthly by the Bureau of Labor Statistics of the U. S. Department of Labor or its successor index changes during the period beginning June 1, 1976 and ending in the month in which the last turbogenerator is shipped to the County or the Contractor; provided,

~ ll however, that such period shall not be longer than twenty-four (20) months from the Commencement Date.

A.1.1.3 Forty percent (0096) of the Purchase Price shall be multiplied by the percentage by which the Material Price Index (U. S. Twenty Cities Average) for Materials published monthly by the Engineering News.

Record (McGraw-Hill Publishing Company) or its successor. index changes during the period Beginning 3une 1, 1976 and ending on'he Acceptaice Date; provided, however, that such period shall not be longer than thirty-six (36) months from the Commencement Date.

A.l.l.0 Forty percent (00%) of the Purchase Price shall be multiplied by the percentage by which the Wage Index (U. S. Twenty Cities Average) published monthly by the Engineering News Record (McG raw-Hill Publishing Company) or its successor index changes during the period commencing 3une 1, 1976 and ending on the Acceptance Date; provided, however, that such period shall not be longer than thirty-six (36) mnoths from the Commencement Date.

A.1.1.5 The maximum adjustment periods provided for in Sections A.l.l.l, A.1.1.2, A.1.1.3 and A.1.1.0 shall be extended if the County's time for perf orm ance is extended in accordance with Section 17.0 of this Agreement and shall not include any period of delay caused by the default of the County hereunder. The amounts computed in accordance with Sections A.l.l.l, A.1.1.2, A.l.l 3 and A.l.1.0 shall be appropriately adjusted for any such period of delay.

Payment for the EGF (such facility payments are hereinafter referred to as "FPu ") shall be made through installment payments computed on a level monthly basis to repay the EGF over a 20-year period as outlined in A.2.1.

Payment for the purchase of Contract Steam (such steam payments are hereinafter referred to as "SP") shall be made on a monthly basis as outlined in A.2.2.

A-2

A.l.0 Recovery payments, to repay portions of facility payments not paid by FPL due to adjustments of FP ua shall be made in accordance with the provisions of A.4.

A.1.5 The following definitions apply to the formulas of this Appendix A:

AN The actual pounds of Contract Steam delivered to the EGF during the Month "N."

The amount of recovery payment ($) for Month "N" to repay portions of FP ua not paid due to previous adjustments of FP ua'he Cpd cummulative amount of C paid prior to Month "N."

CC, FPL's Monthly capital carrying costs ($ per kwh net output based on the immediately preceeding year's costs expressed as an equal monthly charge) for its fossil and nuclear turbine generating facilities. The components of CCl presently include depreciation, income taxes (actual and def erred),

investment tax credit amortization and specified return to the investors. These components are subject to change by the Florida Public Service Commission and any such change will be incorporated into CCl whenever said change occurs. Because FPL's generating facilities are composed of units built at different times at different- costs and each is in a different stage of economic life, it is not possible to precisely determine the capital carrying costs for generation facilities. This calculation will include the total FPL system costs for these components multiplied by a factor which is equal to the average production plant divided by the average total plant in service for the preceding year.

ZC2 The Monthly capital carrying costs ($ ) of the EGF. These costs shall include the same types of cost components used in calculating CCl except that: (a) All applicable time related A-3

variables (e.g., depreciation and amortization schedules) used shall be based on the time span established by the terms of the Agreement between FPL and the County; (b) The cost of capital shall be based on the same percentage mix of FPL's capital components existing when entering into )his Agreement. The cost of debt shall be equal to "i," as defined herein. The cost of preferred stock shall be the cost of FPL's most recent sale of preferred stock prior to entering into this Agreement. The cost of common equity shall be the midpoint of rate of return allowed on common equity by the Florida Public Service Commission (FPSC). The cost of debt and preferred stock shall remain constant over the life of the Agreement, but the cost of common equity will be subject to changes ordered by the FPSC. The calculation of CC2 shall be based on FPL's capitalized cost which shall be a total investment equal to the sum of (1) the Purchase Price for the Work plus (2) all unreimbursed costs incurred by FPL resutling from FPL's participation in this project.

FPL's cost of fuel consumed for the Month ($ per kwh net output). FPL's Monthly fuel cost shall include the cost for all fuels used in all of its other generating facilities.

FP ua The level Monthly payment necessary to repay the EGF over a twenty year period. This amount includes payment for the principle (Purchase Price) and the interest. This value is the Monthly payment ($) for Month "N" prior to adjustment.

~P The amount of FP ua actually paid to the County for Month Pd HN II

GV/5 The Monthly gross worth of steam utilized by the EGF, which is based on FPL's system average cost of producing that same amount of electrical energy for the Month "N."

The decimal equivalent of FPL's annual cost of debt on FPL's most recent bond sale prior to entering into this Agreement.

A factor (kwh per pound of steam) which, when multiplied by the pounds of Contract Steam, will equal the net busbar energy generated by the EGF.

The number of Months after the Acceptance Date..

OMl FPL's cost ($ per kwh net output) for operation (excluding fuel cost) and maintenance of its generating facilities.

OM2 The Monthly cost ($ ) for operation (excluding Steam Payments) and maintenance of the EGF. Such cost shall consist of any and all cost incurred by FPL after Acceptance as a result of FPL participating in this Agreement, including but not limited to direct and indirect administrative costs, insurance, taxes, maintenance, payroll, fringe benefits and other such costs.

These shall be subject to Monthly revision to reflect the actual experience.

PP The Purchase Price for the EGF as defined in A.l.l.

SP The payment for Contract Steam for the Month "N."

/sr / The absolute value (i.e., negative sign excluded) of SP.

The cumulative total of FPL's previously unrecovered costs ($ )

resulting from FPL's ownership and operation of the EGF. The value of "U" cannot be negative. Initially, the value of "U"-

shall be set equal to zero. In the following Months, the value .

of "U" shall be determined based on the calculated Contract Steam payment for the Month, and shall be adjusted Monthly A-5

as outlined in A.3. The value of "U" to be used in calculating the Contract Steam payment in any Month shall be the value of "U" determined for the immediately preceding Month.

An amount ($ ) paid for the Month "N" by the County to FPL when the value of the gross worth of steam is less than the%

value of OM2.

A.2 PAYMENT CALCULATIONS I

A.2.1 FPL shall purchase the EGF in accordance with the provisions outlined in Section 11.0 and in accordance with the following:

(a) FP = (PP) x (i/12) ua 1- (I + I/>>)

(b) Payment of FP ua is subject to adjustment as outlined in A.3.1.

(c) Payment of FP shall occur on a level Monthly payment and shall not be ua repaid on an accelerated basis, except for recovery payments as outlined in AA. If FP is adjusted in accordance with A.3.1 and payment of ua FP ua is reduced, then FPL shall incur no liability for additional interest on payments reduced or withheld because of such adjustment.

A.2.2 The price that FPL shall pay the County for Contract Steam shall be such that the busbar cost of electrical energy generated by the EGF will be equal to FPL's Monthly system average busbar cost of generating electrical energy with its other generation facilities. FPL shall purchase Contract Steam in accordance with the provisions of Section 6.6 and in accordance with the following:

(a) SP = (F+OM1+ CC1) x (AN) x (K) - (OM2+ CC2+ U)

(b)= Payment of SP is subject to adjustment as outlined in A.3.2.

(c) The calculation of SP shall also be adjusted to incorporate time-of-day pricing when such pricing factors are acceptable to the County and are economically and readily available from FPL's system.

A-6

A.3 AD3USTMENTS A.3.1 Adjustment to FP ua (a). Calculate GWS as follows:

GWS = (F + OM1 + CCI) x (AN) x (K)

(b) If GWS > (OM2+ CC2) then FP FP pdd ua (c) If GWS 4 (OM2+ CC2) and GWS P OM2 then (GWS - OM FP (FP ) 2) p ua CC 2 (d) lf GWS Q (OM2+ CC2) and GWS Q OM2 then FP = Zero pdd A.3.2 Adjustment to SP (a) Calculate SP as outlined in A.2.2.

(b) If SP O 0, FPL shall pay the County the amount of SP calculated in A.2.2 and U shall be set equal to zero for the next Month's calculations.

"Z" equals zero.

(c) If SP 4 0, FPL shall make no payment of SP and the County shall pay FPL the value of "Z" as follows:

(i) if GWS p OM2then Zequalszero (ii) if GWS g OM then Z equals (OM2 - GWS)

In either case, the value of U for next Month's calculation shall be equal to (ISP/ - Z).

A.O RECOVERY PAYMENTS A.O.l FPL shall make no recovery payments fo'r the EGF except to repay portions of A-7

FP ua not paid by FPL due to adjustments of FP . Such recovery payments shall ua'e calculated as follows:

(a) If FP Q FP ua then C equals zero.

pdd (b) If FP FP ua then C equals the lesser of:

pdd N

0) (FPu x N) - ((~ (FP d)g + Cpd) 3=1 or N

P 2 2) x ((FPx N) - ((Q (FP <)>) + c+))

2 J=l A-8

APPENDIX "B" TECHNICAL DESCRIPTION AND RE UIREMENTS

APPENDIX "B" TECHNICAL DESCRIPTION AND REQUIREMENTS TABLE OF CONTENTS SECTION TlTLE PAGE NUMBER B. I GENERAL B.1.1 Scope B. 1.2 Codes and Regulations B-1 B.1.3 Equipment and Services included in Facility B-l B. 1.0 Information and documents required by FPL B.1.5 Design conditions B. 1.6 Performance testing B. 1.7 Performance guarantees B-9 B.2 TECHNICAL RE UIREMENTS B.2.1 Turbine B-9 B.2.2 Generator B-18 B.2.3 Exciter B-18 B.2.0 Switchgear B.2.5 Grounding B-19 B.2.6 Minimum electrical equipment B-20 B.2.7 Wiring B-22 B.2.8 Batteries B-23 B.2.9 Motor space heaters B-23 B.2.10 Controls and indication B.2.11 housings and enclosures B-26 B.2.12 -Acoustical treatment B-27 B.2.13 Structural B-27

APPENDIX "B" TECHNICAL DESCRIPTION AND REQUIREMENTS TABLE OF CONTENTS SECTION TITLE PAGE NUMBER B.2.10 Painting B-27 B.2.15 Switchyard B-27 B.2.16 Generator Step-up Transformers B-35

. B.2.17 Generation Telemetering Equipment B-35 j

B.2.18 200 kv Transmission Facilities B-36 B.2.19 Cathodic Protection B-37 B.3 ~

SPECIFICATIONS - GENERAL B-37 B.O SPECIFICATIONS STANDARDS AND DRAWINGS

APPENDIX "B" TECHNICAL DESCRIPTION AND REQUIREMENTS B.l GENERAL B.l.l ~Sco e B.l.l.l This Appendix describes the technical details required by FPL for the EGF.

B.1.1.2 It is not the intent of FPL to specify all details of design and construction; nevertheless equipment shall conform in all respects to applicable codes and regulations as herein described and to high standards of engineering, design and workmanship.

B.l.1.3 The scope envelope for the Work is described in this Appendix in section B.1.3 titled "Equipment and Services included in Facility."

B.1.2 Codes and Re ulations B.1.2.1 The equipment covered by, and supplied as part of the EGF shall comply with all codes, errata, addenda, and case interpretations of the applicable standards, safety codes and test codes of American Institute of Steel Construction, American National Standards Institute, American Society of Mechanical Engineers, American Institute of Electrical Engineers, American Welding Society, National Board of Fire Underwriters, OSHA, and with all State laws and local ordinances of the State of Florida.

B.1.3 ui ment and Services included in the EGF B.1.3.1 The County shall sell to FPL one complete EGF complete with all necessary and desired auxiliary systems for a complete and

operating installation, including connecting the facility to the existing FPL transmission system.

B.l.3.2 The term EGF shall include all equipment, systems, and accessories necessary for a complete, operating installation. The EGF shall commence at the steam inlet side of the turbine

~

generator stop valves and extend through to the downstream side of the turbine low pressure section, including the exhaust flange.

The extraction non-return motor operated valves, for control of or isolation of the extraction steam from the turbine, shall also be included within the EGF. These limits are graphically shown on Figure B. 1-1.

B.1.3.3 The electrical portion of the EGF shall extend from the generator through the switchgear up to and including the point of connection to the existing FPL transmission system.

B.l.3.0 Bounded by the above described envelope are the following systems and/or equipment:

1. Turbine - Generator Unit and accessories - (two 38 MW units)

2. Turbine - Generator lubricating oil-conditioning and cooling system/equipment

3. Switchgear, main, auxiliary'.and start-up transformers, switch-yard equipment and transmission lines to connect to existing FPL transmission systems.

0. Instruments, controls and relaying protection systems, including performance test connections for the above systems/equipment, and water flow measuring devices to measure flows into and out of the Facility.

t rL PROPERTY LlhllTS I. TURB. STOP VALVES TURBINE T U A B I H E GEHEAATOR EXCITER

,ACC,. PKG.

~EXT. HOH-RET.

YALYES (TYP.)

TURB.TO GEH.CONTROL TURB.

COHDEHSER A SWITCHGEAR EXH.HOOD FLANGE (SEE NOTE 4) 0 EXTR.STM (TYP.) n CfS m

I L.P.STEAM TO n m COOL WTR.

TURB.L.0.

COHDEHSER SWITCHYARO n m COOLER (SEE HOTE 4) m

~

C3 R

G3 LECESC: - FPL PROPERTY LIB(TS I COOL FPL GEH.HYD. ELEC. LIIIES WTR.. TRANS.

J COOLER P I P I IIC INSTR.AIR IHSTAMTS.

I STA.SER.AIR HOTES' OUTLETS I STA.SEA.L POT.VtTR. - FPL '!FILL OWII ISOLATION VALVES AS SHOVIN.

SPIGOTS I 4 EL SE 2 - EQUIP . COOL WTR., WILL BE FROM SWPF SUPPLY SYS.

PA COMMUNIC.

S[AJJOIIS 3 - "UTILITIES"SERVICES WILL BE FAOM SWPF SYSTEMS.

ELECT.SERYICES ST4. L I GIITS 4 - SEE DWG. NO.A-70042 SOLID WASTE BUAHIHG PLANT ONE LINE DIAG. FOR IIOV a 4OOV OUL S GEN.CONTROL, SWITCIIGEAR A SWITCHYARD DETAILS.

I

<"CXILIVIES" c.l. 5 - DIAG. IS FOA OHE T-G. IF MORE THAN ONE IS PROVIDED, A SIMILEAR AAAANGEMENT SHALL BE PAOYIDED FOA EACH ONE.

l B.J.3.5 The above mentioned equipment and/or systems are the major ones normally associated with the turbine generator portion of a typical electric generating plant similar to the EGF. Omission from this list of any other equipment or systems required for~a complete, operating facility shall not relieve the County from its responsibility of providing a complete and operating EGF as described by the boundaries set forth above.

B.1.0 Information and documents re ired b FPL B.l.0.1 The County shall provide FPL with the following information and documents as part of the Work.

B.l.0.1.1 A schedule for delivery, erection and start-up.

B.1.4.1.2 One (1) direct reading autopositive on Kodak ultra thin paper and Ten (10) prints of all engineering and construction drawings, including a certified copy, for the following:

1. EGF general arrangement

2. Detailed equipment drawings

3. Wiring, one-line drawings, and interconnecting and electrical schematic control diagrams

0. Piping drawings

5. Piping and instrument drawings

6. Equipment Vendor drawings

7. Civil and Structural drawings

8. One and three line electrical diagrams

9. Route-of-line and survey information for trans-mission facilities

B.l.0.1.3 At the end of the project, an "as built" issue of the above drawings shall be made to reflect the equipment/systems as actually constructed, B.1.0.1.0 Ten (10) copies of an instruction, or plant data book tq include design, installation, maintenance and operating instructions for each system and piece of equipment, including instruments and controls supplied as part of the EGF.

B.1.0.1.5 A final construction cost report shall be prepared for the EGF using account numbers and descriptions furnished by FPL as a guide for distribution of the costs.

B.1.0.1.6 Autopositive prints are to be completely legible and are to have sufficient contrast between characters and background to produce legible prints. "Stick-on" transparent paper on the original tracings is not acceptable. Where practical FPL standard drawing sizes and title block will be used as shown on FPL Drafting Standards B-S, B-9, and B-10 included in Section B.O.

.5 ~id' B.1.5.1 The turbine generator and its auxiliary equipment will be located in a region of high winds and torrential rains (hurricane con-I ditions), high humidity and salt laden atmosphere. All design details as well as the fundamental design of the unit shall take.

into consideration these climate conditions.

B.1.5.2 Cooling water for auxiliaries shall be clean, treated water from a 0

closed system at approximately 125 PSlG and 105 F.

B.1.5.3 Plant elevation above sea level will be approximately 20 ft. and the ambient temperature range will be approximately 20 F to 105 F.

B.1.5.0 All equipment shall be designe4 and located in such a manner that it is readily accessible for removal or maintenance. Specifically, adequate space shall be provide4 in the design of the unit for removal of insulation, casings, hydrogen or air cooler bundles, rotating elements, valves and valve internals, motors, pumps, etc.

As part of the unit's instruction book, a section containing instructions for the removal of the major equipment described above shall be provided. The instructions shall identify which structural members can be used for hoisting, pulling, bracing, etc.,

during the operation, as well as any other instructions, or precautions necessary to do the job safely.

B.1.5.5 Maximum vibration limits shall be 0.0 mils for an 1800 RPM machine and 2 5 mils for a 3600 RPM machine.

B.1.5.6 The design of the turbine generator and its auxiliary equipment shall be suitable and designed for continuous commercial operation at all loads ranging from minimum load to maximum calculated output. (Maximum calculate4 output is defined as the gross output of the generator when the turbine is operating at inlet steam conditions of rated temperature an4 596 over pressure).

=B.1.5.7 Turbine generator design shall be suitable for and designed so that it can remain in operation, off line, but carrying the SWPF and

load for extended periods of time without excessive vibration or other significant undesirable effects.

B.1.5.8 Turbine generator design shall be suitable for and designed to<

enable the unit to remain in operation, carrying SWPF and EGF load without tripping after a full load dump from maximum calculated output.

B.l.5.9 All pressure boundary gaskets shall be of the spiral wound asbestos and metal type. Soft metal gaskets shall not be used.

B.l.5.10 All enclosures such as control cabinets, instrument cabinets, etc.

and all electric motors 25 HP and above shall be protected against moisture condensation, as specifically detailed in this Appendix.

B.1.5.11 All shims one-eighth (1/8) of an inch or smaller in thickness, used throughout the turbine generator and auxiliary equipment, shall be made of 316 stainless steel material. No other materials shall be used for shims.

B.l.5.12 Connections for maintenance appurtenances, such as electrical receptacles and air and water connections shall be provided at suitable inter vals, not to exceed 50 ft., around the turbine generator skirt. (The purpose of these connections is to provide these services without having to string hoses or cables across the turbine deck where they become safety hazards).

B.1.5.13 The instrumentation and control system for the turbine-generator and auxiliary equipment shall be designed for startup, operation and shutdown from a central control room. However, all equipment shall have local controls and instrumentation in addition to that located in the control room to allow operation and monitoring from the local control positions.

B.l.5.10 Provisions for protection of the turbine from Water Induction shall be incorporated into the design of the EGF and applicable SWPF systems and components, these provisions shall comply with of FPL Standard M-3.1 Turbine Water Induction the'equirements Protection Criteria.

B.1.5.15 AU heat exchangers and/or coolers shall be designed for proper operation with cooling water at 105 F temperature and at 85%

cleanliness factor. A minimum of 10% spare tubes shall be provided in the design of each heat exchanger or cooler.

B.1.6 Performance Testin B.1.6.1 In order to ascertain that the EGF as a unit including the individual pieces of equipment supplied as part of it perform in accordance with design requirements as called for in the specifi-cations, and that they meet the operation and performance guarantees given by the manufacturers, performance tests will be run. These tests will include, but not be limited to, enthalpy drop tests and ASME turbine tests.

B.1.6.2 The above mentioned performance tests will be run according to the applicable requirements of the ASME Power Test Codes, for the complete EGF and the individual components. The applicable issue shall be the latest revision in effect at the time of the tests.

B.1.6.3 To meet the requirements of the above testing program, the County shall require its contractor to provide all the necessary test connections required by the above mentioned ASME Power Test Codes, to enable FPL to connect its test equipment and perform such tests. All presure test connections for use @kith tests shall be routed to and located at a central place on the

ground floor near the turbine pedestal for use with dead weight guages.

B.1.7 Performance Guarantees B.1.7.1 The Solid Waste Processing Facility shall be capable of contin-uously supplying steam of a chemical quality, temperature; pressure and flowrate in acc'ordance with the requirements of the turbine generator manufacturer for steam entering the turbine.

B.1.7.2 The steam conditions, such as chemical quality, temperature pressure, and flowrate shall be maintained over the complete load range of the turbine generator, in accordance with the require-ments of the turbine generator manufacturer and as offered in the proposal for the SWRRF by Contractor to the County.

B.1.7.3 When tested in accordance with the applicable ASME Power Test Codes, and while being supplied with steam of conditions that meet the turbine generator manufacturers requirements, the EGF shall meet or exceed the guarantees for net heat rate and net capability offered in the proposal for the SWRRF by Contractor to

'he County.

B.1.7.0 The individual pieces of equipment supplied as part of the EGF shall meet, or exceed, when tested according to the applicable requirements of the ASME Power Test Codes, the design performance called for in the specifications and the manufacturer's quoted performance guarantees. Each turbogenerator unit may be tested independently.

8.2 TECHNICAL RE UIREMENTS B.2.1- Turbine B.2.1.1 Emergency Inlet Valve The EGF shall be furnished with a stop valve with provisions for testing while operating, special hangers and supports as required B-9

(exc]uding supporting steel), piping between valve and turbine inlet as required, and a switch to actuate the main circuit breaker to prevent the generator from motoring. There shall be limit switches with two (2) normally open and two (2) normally closed contacts at each end of the valve mechnism. The hydraulically operated stop valve shall have positive spring closing action and an integral steam strainer which is a removable corrosion-resistant element plus a temporary fine mesh strainer (for startup).

The valve stem connecting the main oil piston to the stop valve disc shall have two diameters so as to form a tight seating surface when the valve is in the fully opened position. This tight seating prevents steam leakage along the stem. To further ensure tight seals and resist erosion and mechanical damage, the seating

'surfaces of the valve, its built-in pilot valve, and the stem seal shall all have stellited contact surfaces.

All operating parts must be reached without disturbing the valve structure making inspection and maintenance easy. The valve shall be capable of testing at full load providing positive indication that the valve will.close lf tripped by any of the safety devices in the control system.

8.2.1.2 Emergency Trip System This system shall consist of a local manual trip and reset device and an electrically operated solenoid trip and reset (125 v. dc).

When either of these trips, it causes loss of pressure in the emergency trip header, thus causing all the energency valves to close.

B.2.1.3 Multivalve Cam-Lift Type Control Valve Gear The inlet control valves mounted on the high pressure shell shall be of the "ball-in-cone" type, individually operated through cam action lifts. The multivalve design will minimize the throttling effect for higher overall efficiency and provides more accurate steam control. Venturi valve seats will also contribute to higher efficiencies. The cone seat design and the rounded edges of the valve will assure a tight steam seal.

Valve seats shall be welded in and are provided with heat relief grooves designed to allow movement relative to the casing for relief of thermal stresses.

The glands on the valve stems shall be close fitting and of hardened alloy steel so as to minimize any steam leakage around the stem.

The valves shall be individually spring closed and as an added safety feature, the cam lifts shall be provided with pull-down hooks which force the valve to close in case a valve sticks in the open position.

B.2.1.0 Overspeed Governor V

Independent of the constant speed governor, this bolt-type governor shall be furnished with an oil trip for testing at normal speed. This emergency governor shall be an unbalanced weight which is positioned in the shaft by a spring. As the speed increases to approximately 11096 to 11296 of rated speed, the increasing centrifugal force acting on the weight causes it to move to an extended position. In so doing, it strikes thy emergency trip finger and thereby operates the emergency trip.

The overspeed governor and trip system shall be capable of being

checked manually by holding the high speed stop detent and using the synchronizing handwheel to raise unit speed to the trip setting, thus extending th overspeed bolt, to check the trip setting. At normal speed, the emergency governor shall be able to trip by admitting oil through an oil trip valve.

B.2.1.0.1 Overspeed Control - Alternate: Same function as above, but electronic overspeeding control as part of constant speed control described in Section B.2.1.20.1.

B.2.1.5 Provisions for Feedwater Heating Uncontrolled extraction openings shall be provided in the turbine casing in accordance with cycle requirements. An air operated relay dump valve shall be furnished to relay the trip signal to operate the positive closing air-operated nonreturn valves in each extraction line. The air pressure source is control air or station air at 70 to 125 psig.

B.2.1.6 Shaf t-Packing-Seal and Vent System The basic system shall consist of a vertical motor-drive (230 or 060 volts ac, 3 phase, 60 hertz) vacuum pump and a waterspray chamber. The vacuum pump shall be designed for 0.25 psig maximum discharge pressure.

B.2.1.7 Moisture Protection Suitable internal moisture separation in the low-pressure stages, as required by design, to limit the moisture content to an acceptable value.

B.2.1.8 Thermometers Three inch, dial-type bimetallic indicating thermometers and wells for main bearings, one exhaust-hood indicating thermo-meter, and 3-inch dial thermometer(s) for thrustbearing drain(s).

B-12

B.2.1.9 Insulation and Lagging Metal lagging shall be provided for the high temperature parts of the turbine. Heat retention insulation i provided(for installation by the Purchaser) as follows:

Plastic cement - upper and lower turbine shells and steam valve bodies.

Preformed segmented pipe insulation (with either fabric or aluminum jacketing) for all steam piping furnished by turbine generator vendor.

Removable aluminum covers filled with block and/or plastic heat-retention material for stop valve, valve and pipe flanges at turbine shells.

Reusable (blankets) and/or block insulation for the horizontal and vertical shell-flange joints which must be normally unbolted for disassembly.

B.2.1.10 Drain Valves Emergency inlet valve, steam seal system and casing drains shall be furnished with a single set of drain valves, piping to the valves, reach-rods and handwheels.

B.2.1.11 Exhaust-Relief Diaphragm An exhaust-relief diaphragm with electric low-vacuum trip and alarm contacts shall be furnished with this unit along with a spare exhaust-relief diaphragm.

B.2.1.12 Motors The standard ac motors shall be 230/060 volt totally enclosed fan cooled with Class B insulation, for 00 C ambient. The motors shall be capable of starting and accelerating with - 10 percent voltage variation and have a 1.15 service factor. The standard dc B-13

emergency oil pump motor shall be 120 or 200 volt (guaranteed for 10 percent voltage variation), totally enclosed fan cooled, with Class B or F insulation as required for 00 C ambient.

8.2.1.13 Foundation Plates, Shims, and Sub-Sole Plates These shall be supplied to the extent dictated by the grouting method.

B.2.1.10 Maintenance Tools All special tools, including box sledging wrenches for bolts and nuts 1-1/2-inch and larger, casing guide pins, jacking bolts and other tools depending on specific turbine construction, with turbine-casing lifting sling and turbine-rotor lifting sling, shall be supplied.

B.2.1.15 Oil Flow Sight Glasses Provide unlighted "portholes" to enable the operator the check the oil flow for the journal bearings and the thrust bearings.

B.2.1.16 Thrust Bearing Thrust Bearing shall be of the Kingsbury type and provided with a DPST thrust failure trip switch for trip and alarm functions for the active and inactive faces.

B.2.1.17 Oil Deflectors Each bearing shall be furnished with oil deflectors.

B.2.1.18 Shaft Grounding Brush Located between the coupling and the generator end shield, this brush shall ride on the shaft to pick up any stray currents.

B.2.1.19 Instruction Books Twenty-five (25) copies of the instruction book shall be supplied.

B.2.1.20 Constant Speed Control System B.2.1.20.1 Constant-Speed Governor - oil-relayed type - shall be

provided with manual load-limit control and load-limit indicator mounted on the turbine front end.

B.2.1.20.1.a - Alternate - Constant Speed Control of Electronic Type; speed determined by contactless transducers of three-fold measuring system, complete with control cubicles and monitoring equipment.

B.2.1.20.2 Synchronizing Device - motor and hand-operated (125 volt, dc) with manual release mechanism for overspeed testing.

B.2.1.20.3 Lubrication Supply Unit - assembly of the following components to supply bearing lubrication and maintain shaft seals:

(A) Reservoir with clean out and drain provisions, connection for oil conditioning equipment, and oil level indicator. Float type oil level indicator with high and low level alarm switches.

(B) Twin oil coolers (5/8-inch, 18BWG, 90-10 copper nickel tubes, with minimum 10% spare tubes, 105 F, maximum 125 psig water) with transfer valve. Design of the lube oil cooler shall be such that it is adequate to withstand the rapid temperature variations that it will be subjected to during the lube oil flush in order

, to "shock" the piping. Steam will be used for heating the lube oil durin'g the lube oil system" flush.

(C) Pumps:

(1) Shaft-driven main oil pump B-15

(2) Motor-driven (ac) auxiliary oil pump (3) Motor-driven (ac) bearing and seal oil pump (0) Motor-driven (dc) emergency bearing and seal oil pump, and dc motor starter (D) Pump inlet strainers (one per pump).

(E) Bearing pressure regulator.

(F) Vapor extractor, motor'-operated.

(G) Lube oil separator baffle tube, mounted in reservoir.

(H) Low bearing pressure trip switch, for use with solenoid trip.

(I) Low bearing oil pressure alarm switch.

(3) Pump test, local testing.

(K) Pressure switched for automatic sequential start-up and operation of motor-driven pumps.

(L) Thermometer, 3-inch bimetallic dial-type, for temperature of oil leaving coolers.

(M) Permissive valve, to provide oil to hydrogen or air shaft seals during bearing inspection.

B.2.1.20.0 Oil Piping - all external control piping and bearing feed lines in high temperature area shall be guarded.

The oil-pumping system shall include hangers for external oil piping. The oil reservoir shall be wired at the factory, and all electrical connections on the tank, excluding motors, shall be made to terminals or terminal boards affixed to the reservoir.

B.2.1.20.5 Low-hydraulic-pressure Protection - emergency and governing valves will close with loss of hydraulic oil pressure.

B-16

B.2.1.20.6 Gauges )/2-inch diameter, hydraulic and bearing pressure gauges, mounted on turbine.

B.2.1.20.7 Turning Gear - motor-operated, with provision for manual engaging and cranking (including cranking device); with engaging lever, signal switches (engage/

disengaged), and bearing pressure interlock.

B.2.1.20.8 Speed Indicator - shaft-driven tachometer-generator.

Indicating instrument mounted on turbine front end.

B.2.1.21 Turbine Tests The following individual component tests shall be made at the factory: speed-governor and emergency overspeed-governor test and adjustment, stop valve test, and balancing of turbine rotors.

The individual turbine sections shall be assembled as required by the manufacturer to establish and verify the fits and operating clear ances.

B.2.1.22 Piping Piping furnished by the turbine generator vendor shall be factory treated, prefabricated in shippable assemblies, ready for instal-lation, including:

- connecting P

(1) Main steam Hne the emergency valve and turbine inlet.

{2) Steam seal system - all necessary piping connecting the factory supplied turbine generator components, with the Purchaser to furnish steam supply piping to the steam seal regulator (when furnished), and piping beyond the spray chamber or exhauster (as furnished),

(3) Oil System - all necessary oil feed and return piping connecting the factory supplied turbine-generator components.

B.2.2 Generator The generator shall be 13,800 volt 3 phase, 60 hertz hydrogen or air cooled type. The generator rating shall be given at $ 5% power factor, 95 F ambient temperature and sea level elevation. The turbine generator manufacturer shall specify the maximum ambient temperature at which the-generator can operate at rated capability. The generator n eutral shall be grounded through the primary winding of a single phase transformer, with a resistor in the secondary circuit in parallel with an overvoltage relay.. The ovel voltage relay shall trip the generator lockout relay and actuate an alarm upon a generator ground fault. Performance curves of generator output versus temperature and power factor shall be provided.

B.2.3 Exciter B.2.3.1 Excitation shall be by a brushless or static exciter, amply sized.

Direct connected brushless construction is preferred. Maximum and minimum excitation limiters are required on the 'voltage regulator.

The switchgear cubicles and air circuit breakers shall be supplied 4

B.2.0.1 by one manufacturer. If the design of the unit housing is such that n

the switchgear must be located outside, the switchgear shall be of the walk-in outdoor type. All bus bars shall be copper with silver plated joints and high strength bolts. Circuit breakers shall be the drawout type with adequate auxiliary contacts (at least 2 normally open and 2 normally closed spares in each breaker) provided with thermostatically controlled electric strip heaters for humidity control. All switchgear and motor control centers shall have metal b'ottoms so as to be completely varmint proof and all ventilation openings shall be screened. Drawout air circuit

breakers shall have a test position. Locking means shall be provided for all breaker positions (in, out, test). Mechanical interlocks shall be provided to prevent racking a closed circuit breaker to or from any position. All phase to ground insulation shall be porcelain. Switchgear cubicles shall be provided to house lightning arresters and surge capacitors for each phasevoltage regulating equipment, bus PTs, line PTs, generator PTs, under-voltage and overvoltage relays for automatic synchronizing system, generator field breaker, fuses, etc.

B.2.0.2 Protective relaying for the generating unit(s), main trans-former(s), auxiliary busses and the 200 kv switchyard shall be provided as shown in Section B.O on the Relay R Metering One Line Diagram, ESK-2-23-77, and will also include a plant generator recorder.

B.2.0.3 Provide all necessary stepdown transformers, motor control centers and panel boards for operation of accessory motors, lights and miscellaneous power requirements.

8.2.0A All load center and motor control center bus shall be copper with silver plated connection and splice points.

p B.2.5 ~Groundin B.2.5.1 The grounding grid system shall be installed in accordance with FPL Stahdard E-3.8. If at existing facility, two ties will be made to the existing ground grid.

B.2.5.2 All motors 2300 volts and above shall be two point grounded to frame of motor using Burndy Hylug ring "crimp type""connectors.

Motors 080 volts and below shall be single point grounded at motor frame with same type of connector.

B-19

Type D-51 pulse generator with pulse ratio to be specified.

.2. 3 Each GE Type PDM-76, 0 Track Magnetic Tape Demand Recorder .

utilizing Westinghouse/Duncan Cartridge in Switchboard Case similar to basic Catalog No. 732X53 with the following standard features:

Input Power - 120 volt, 60 hertz Interval Time - 15 Minutes Clock Dial - 20 Hour Recording Period - 36 Days Units to include the following optional features:

1. Battery Carryover - Includes 1.5-AR internal battery

2. Led Head Circuit Indicators on all Tracks

.3. 2 Each GE Type SST-3, Solid State Totalizer with 2 inputs. No. 1 input positive with Ke = 10 KWH/Pulse. No. 2 input negative with Ke = 0.3125 KWH/Pulse. One output net Ke = 160 KWH/Pulse. Equalization in input II2, divide by 32. One count/store board, output relay ratio divide by 16.

A. 0 Each GE Type MR-3, Mercury Wetted Isolation Relay, 120 volts a.c., Catalog No. 731X7G3.

.5. Additional metering equipment for each generator as follows:

a. Indicating voltmeter and ammeter with selector switches for selection of each phase.

b. Indicating KW and KYAR meters, 3 phase, 3 wire.

c. Frequency meter.

B.2.6.3 Current transformers shall be provided for each generator as shown on Relay Bc Metering One Line Diagram ESK 2-23-77 in Section B.O.

B-21

B.2.6.4 Each major piece of rotating equipment 25HP and above shall have counters to show hours operated, excluding switchyard equipm ent.

B.2.7 ~Wirin B.2.7.1 Switchboards and metal clad switchgear are to be wired as follows:

.1. All wire used on panels shall be copper switchboard wire, GE Vulkene Type SIS, 600 volt insulation, 7/14 AWG, 41 strands.

AU wire shall be terminated using ring type lugs, welded seam on sleeves, tin plated, without insulated sleeves. Offset lugs shall be used where two or more wires are terminated at one screw. Ratchet type crimping tools are to be used for all lugs.

.2. All 3, 5, 8 or 15 KV terminations shall be made with stress cones.

.3. Washers shall not be used on any electrical connection.

.4. V/iring shall have a neat appearance and not block access to device terminations.

.5. Wiring shall have sufficient slack so as not to be too short or taut at the wire terminations.

.6. Panduct is not to be used where it will interfere with:

a. Accessibility to panel equipment.

b. Space reserved for auxiliary relay equipment mounted on back of panel relay cases.

.7. Panduct used shall be of smallest size necessary to enclose wiring.

.8. All terminal blocks shall be GE EB-5 Type or FPL approved equivalent.

B-22

.9. All wiring shall be continuous run (no splices) and in accordance with FPL Cable Sizes and Ratin s Desi n Criteria, E3.5.

.10 All cable except 81 above shall conform to FPL Cable

~As i Ci i 3.6.

.11. V/ire identification tags will be preprinted slip-on type or owner approved equal.

.12. 3, 5, 8 or 15 KV cable shall conform to standards listed in FPL Cable A lication Criteria E-3e6 and shall have a copper bearing lead sheath.

B.2.8 Batteries B.2.8.1 The batteries shall be contained in a separate walk-in type room properly ventilated and lighted for saf ety of operation and maintenance. Each set of batteries shall be 125 volt dc lead-calcium acid type with step racks. For safety reasons, the battery room shall have two entrances/exits and a safety shower/eyewash stand. A spent acid neutralization sump shall also be provided.

B.2.9 Motor S ace Heaters B.2.9.1 All motors 25 HP and larger shall be provided with space heaters.

Heater size shall be determined by manufacturer's recommen-dation in accordance with motors operating environment. Space heaters shall be so located that they may be serviced or replaced without any disassembly of the motors. Any access opening for removal of heaters shall have watertight cover.

B.2.9.2 Space heater connection leads should be terminated outside of the motor on a terminal block located in a separate motor space heater terminal box.

B-23

B.2.9.3 When space heaters are less than 3000 watts they shall be 120 volt ac or 208 volt ac single phase; and when greater than 3000 watts they shall be 208 volt ac 3 phase.

B.2.10 Controls and Indication B.2.10.1 Automatic control of the station is to be maintained during starting, operating and shutdown. All functions are to provide proper voltage control and synchronizing to FPL's system.

Provide means for both manual and automatic synchronizing, including local synchroscopes.

B.2.10.2 Plant control voltage shall be 125 volt dc with an operating range of 90 to 100 volts.

B.2.10.3 Adequate safety devices for the plant systems shall be furnished, including necessary audible and visual alarms. Vital alarms must be repeated on the remote control panel which shall also have lights to indicate individual units running, whether or not loaded.

B.2.10.0 A complete description must be given in the proposal of the controls and instrumentation provided, with names of manufac-turers included.

B.2.10.5 Where indicating lights are used on switchgear, control boards and motor control centers, a red light should signify that equipment is running or breakers closed, while a green light should signify equipment stopped or breaker open.

B.2.10.6 Each piece of rotating equipment over 25 HP shall have counters to show hours operated, excluding power transformers and switchyard equipment.

B.2.10.7 The unit annunciators shall be furnished with 10% spare windows for future use and shall conform to the following reset Annun-ciator Sequence Table.

B.2.10.8 Annunciator Sequence Table B.2.10.8.1 Logic Sequence The logic sequences for maintained and momentary trouble contacts are as follows:

a. Maintained Trouble Contact Sequence Unit Condition Trouble Contact Window Si nal Audible Si nal Normal Normal All Dim OQ Off-Normal Abnormal First Out - Red Flash On Next Out - White or Yellow Flash "Alarm Reset" Abnormal First Out - Red Flash Off Next Out - White or Yellow Flash "Lamp Reset" Abnormal First Out - Red Steady Off Next Out - White or Yellow Steady Return to Normal Normal First Out - Red Steady Off Next Out - Dim "First Out Reset" Normal First Out - Dim OQ Next Out - Dim tt Test tI Normal All Flash On

b. Momentary Trouble Contact Sequence Unit Condition Trouble Contact Window Si nal Audible Si nal Normal Normal All Dim OQ Off-Normal Abnormal First Out Red Flash On Next Out - White or Yellow Flash Return to Normal Normal First Out - Red Flash On Next Out - White or Yellow Flash "Alarm Reset" Normal First Out - Red Flash OQ Next Out -'hite or Yellow Flash B-25

'I Unit Condition Trouble Contact Window Si nal Audible Si nal "Lamp Reset" Normal First Out - Red Steady Off Next Out - Dim "First Out Re et" Normal First Out - Dim Off Next Out - Dim "Test" Normal All Flash On NOTE: All non-"First Out" windows follow the sequence listed above as "Next Out." For multiple input windows, any new alarms going into an already acknowledged window, which is still in an alarm condition, shall revert the sequence back to the "Off-Normal" condition.

B.2.10.8.2 Audible Alarm Design A suitable audible signal device (horn) of approved design shall be provided. The horn shall have adjustable tone and volume controls and be suitable for mounting behind'the EGF's control panel. The horn shall be electrically isolated so as to avoid false alarms due to feedback signals when it it inter-connected with the annunciator window cabinets.

Other details regarding the annunciator requirements can be found on FPL "Reference Specification for Control Room Annunciator System."

B.2.11 Housin s and Enclosures Housings or enclosures provided for items such as instruments, controls and equipment, which are vulnerable to rain or atmospheric condensation shall be continuously seal welded to prevent entrance of water or collection or moisture inside or at the joints. Space heaters shall be provided to prevent moisture condensation.

B-26

lf required due to equipment manufacturer's recommendations, air conditioning and/or moisture control equipment shall be provided for such housings or enclosures where this equipment is located.

Equipment of a critical nature, such as protective instrumentation, trip controls and other similar items shall be located in suitable 'enclosures to prevent physical damage or accidental activation.

B.2.12 Acoustical Treatment Sound insulation is to be applied throughout the entire plant to a degree necessary to meet all OSHA requirements. Within 10 feet of the plant the sound pressure level must not exceed 100 dB on the flat weight scale or 90dBA.

B.2.13 Structural All walking surfaces shall be concrete or galvanized checker plate. Grating is not acceptable for walking surfaces. Building floors shall be fireproof vinyl tile that will not create smoke or fumes and that will not build static electricity.

All personnel doors shall be aluminum, fitted with heavy duty or industrial grade hardware. All stair treads shall be cast aluminum Safe-T-Metal style BK and BBK.

B.2.1a ~Paintin The County will be responsible for all painting of equipment and structures and that such painting is to be done according to FPL standards. Shop painting shall be in accordance with FPL Standard No. C-3.3 Shop 4 Field Application Criteria.

B.2.15 ~Switch ard General Description

'.2.15.1 B.2.15.1.1 The 200 KV switchyard will provide terminal facilities for the generator and two transmission lines. The B-27

switchyard will be located at the plant site imme-diately adjacent to the Maule-Lauderdale 200 KV transmission line.

B.2.15.1.2 The arrangement of the circuit breakers, disconnect switches, transformers, and associated equipment will be a ring bus arrangement as shown on Drawing A-70002-One Line Diagram included in Section B.O.

B.2.15.1.3 The switchyard will have a basic insulation level (BIL) of 900 KV. Bus and switch insulators will be high strength station post type The 200 KV disconnect switches will be 1600 amp vertical break, 3 pole, manually operated. The 200 KV circuit breakers will have 205" creep bushings and have a fault interrupting rating of 63 KA.

B.2.15.1.0 The switchyard control house will be FPL's standard expandable utility building.

B.2.15.1.5 The switchyard will have two sources of 3 phase, 200 volt ac station service power of approximately 02.5 KVA each, one source will be from the 200 KV bus and one source from..a 23 KV distribution feeder, with automatic "normal-emergency" throwover. DC control power will be provided by a station battery and charger. All necessary ac and dc load centers, lighting control circuits, duct runs and cable trays shall be installed as required for services in the switchyard and switchyard control house.

B.2.15.1.6 All supporting steel structures and foundations will be supplied.

B-28

B.2.15.1.7 Adequate lighting will be'rovided in the switchyard and underground telephone service provided to switch-yard control house.

B.2.15.1.8 Line relay panels, breaker failure panel, synchronizing panel, supervisory control, carrier equipment and station annunciator will be provided, to be locate in the switchyard control house.

B.2.15.1.9 Coupling capacitor voltage transformers and line wave traps, lightning arresters and station service trans-formers will be provided in the switchyard.

B.2.15.1.10 Fencing and gates shall be provided to completely enclose the switchyard area per specification D-0 in Section B.O.

B.2.15.1.11 Grounding of the switchyard will be provided in accordance with FPL substation standards and specifi-cation No. D-10 in Section B.O.

B.2.15.1.12 Protective relaying for the switchyard shall be provided as shown on the Relay R Meter One Line Diagram, ESK 2-23-77 in Section B.O.

B.2.15.1.13 All'switchyard, transmission, and protective relay and 4

control drawings and specifications shall be subject to review by FPL prior to issuance for construction or bid.

B.2.15.1.10 All equipment and material for the switchyard, 200 KV transmission facilities and all protective relaying shall be purchased from FPL approved vendors. The County will be provided with the approved vendor information.

B-29

B.2.15.1.10 All equipment and material for the switchyard, 200 KV transmission facilities and all protective relaying shall be purchased from FPL approved vendors. The County.

will be provided with the approved vendor information.

B.2.15.1.15 Station battery voltage is to be monitored for low and high voltage conditions.

B.2.15.2 Specific Description The 200 KV switchyard shall be FPL's standard 200 KV cons-truction and meet the FPL Substation and Relay Standards; Material Specifications, and Construction Specifications, included in Section B.O. Electrical plan and elevations are shown on Dwgs.

ESK-09081, sh.l and sh.2, included in Section B.O.

B.2.15.2.1 The switchyard will include the following major equipment:

1 ea - Transmission pull-off structure AF-5 figure 1.

~ 20 1 ea - Transmission pull-off structure AF-5 figure 2.

~ 3e 3 ea - Switch structures DS-12 Type.

~ Q, 3 ea'-'witch structure DS-13 Type.

~ 50 3 ea - Oil circuit breakers, 200 KV, 2000 amp, 63 KA with 2 each 2000-5 amp current transf ormers per bushing.

.6. 6 ea - Vertical break disconnect switches, 196 KV, 1600 amp; 3 PST with manual operating mechanism.

B-30

~ 70 1 ea- Utility building 28' 18'-1/2" per FPL standard drawings E-01705 and E-01569.

.8. 1 lot - Bus supports, Type 8 pi pe columns.

.9. 2 ea - Station service transformers with automatic "Normal-Emer-gency" throw-over.

.10. 1 lot - Switchyard lighting per FPL standard drawing E-59055.

B.2.15.2.2 All necessary relay and control equipment including:

1 ea Supervisory Control Remote Terminal Unit, Moore Systems, Inc., type MSS-9000, in accor-dance with specifications No. L-176 and with specific require-ments (6 control and supervision points with automatic synchroni-zation check 16 supervision only points and 10 telemetering functions). Specif ications and specific requirements in Section B.O.

~ 20 2 ea - Line Relay Panels (Turkey Point and Dade electromechanical) complete with ampere, watt and var indication metering and protective relays consisting of B-31

phase distance and ground distance directional comparison powerline carrier current pilot channel relays. Panel would also have ammeter selector switch, circuit breaker control switch and associated breaker position indicating lights. The protective relays to be applicable on an effectively grounded neutral system where X

o = 3 or less, and x,

o = l or Jess.

Xl

~ 30 1 ea - Breaker failure panel (switch-yard) complete with fault detector, timing and auxiliary

, relays.

~ Q, I ea - Line Panel (plant tie) with compatible high speed relays consisting of pilot wire relays with transfer trip receiver and with backup relays with instan-taneous and time delay on phase distance and directional ground-'vercurrent relays. The pilot B-32

wire scheme should be GE Type CPDllD due to minimum fault current capability consider-ations. Pilot wire channel to be underbuilt suspended multi-conductor cable on overhead 200 KV line.

~ 50 1 ea - Line Panel (Plant Tie Backup) high speed phase directional distance and ground overcurrent directional relays.

.6. 2 ea- Line Panel (Turkey Point R Dade Solid State) directional comparison solid state relay system, complete with phase and ground distance relays and carrier current transmitter rece>ver.

~ 74 1ea-. Synchronizing Panel 200 KV.

9 ea - Coupling Capacitor Vol tage Transformer 200 KV with carrier current accessories, similar to Westinghouse PCA 5 Type.

.9. 0 ea- Line Traps, 1600 A, wideband frequency range.

.10. 0ea Tuning units, outdoor, similar to GE Type CL.

B-33

2 ea - Carrier Transmitter - Receiver Sets for indoor cabinet mounting, similar to GE Type CS-27.

.12. 1 lot - Station Annunciator.

.13. 1 ea - Station Battery 180 AH, 125 volt dc 60 cell complete with mounting rack.

1 ea - Battery charger, 120 volt ac input, 125 volt dc output, 25 amperes.

B.2.15.3 Design Data B.2.15.3.1 Bus Type- 0" x 0" aluminum integral web 2" SIPS copper connection to OCB's B.2.15.3.2 Bus Fittings- bolted aluminum bronze for OCB connection B.2.15.3.3. P - g Spacing - 132", 89" minimum B.2.15.3.0 g - Ground spacing 1/2", 71" minimum B.2.15.3.5 Vertical clearance - 15'inimum, 27'ver driveways B.2.15.3.6 Bus insulator support spacing - 20'n center maximum B.2.15.3.7 Bus and switch insulators - high strength post'ype insulators 196 KV, 900 KV BIL, 80", 5" BC, NEMA TR 308 B.2.15.3.8 OCB bushings - 900 KV BIL, 205" creep B.2.15.3.9 Wind loading - 50 8lsq. ft.

B.2.15.3.10 Trans'mission pull-off bay - 36'ower center to center separation

B.2.15.3.11 Cable trays - high strength 6061-T-6 aluminum alloy ladder type construction with stainless steel bolts.

B.2.15.3.12 Conduits - All direct buried conduits will be schedule.

00 PVC. All above ground conduits will be either aluminum or hot-dipped galvanized.

B.2.15.3.13 Three phase, open delta station service transformer bank - 138 KV-200/120volt, 25 KVA ea. at 200 volt, 0%

impedance. AC throwover switch for station service power shall be equipped with one "a" and one "b" auxiliary contact for supervisory and station annun-ciator indication.

B.2.16 Generator Step-up Transf ormers The generator step-up transformers will be sized by the Contractor at a 65 C rating, and shall meet FPL Power Transformer Specification, Spec. 0.1-1 included in Section B.O. Lightning arresters will be provided on transformers (180 KV).

B.2.17 Generation Telemetering Equipment All necessary telemetering equipment shall be provided including the following:

B.2.17.1 1 ea. Telemetering Remote Terminal Unit (RTU), Control Data Corporation Type 00-000, in accordance with established FPL System Control center specifications No. L-176 (in Section B.O), and consisting of 8 status points, 0 analog points and 2 accumulator points.

B.2.17.2 1 lot Necessary transducer and other support equipment to provided analog data to the telemetering RTU, in accordance with the requirements defined on Sketch RRE-2977, included in Section B.O.

B-35

a. Generator and main-transformer lockout relay status are to be monitored via the telemetering RTU.

b. Main transformer alarm is to be indicated via the telemetering RTU.

B.2.18 200 K V Transmission Facilities B.2.18.1 The pulloff (taps) from the 200 KV transmission line to the switchyard shall be similar to the existing construction using 3 pole corner H-frame type dead end structures as shown on the FPL Standard 2-01691 included in Section B.O.

B.2.18.2 Three construction configurations are available for the string bus between the switchyard and the generating units (standards are included for each configuration in Section B.O.)

B.2.18.2.1 Single pole concrete with horizontal line post insulators.

B.2.18.2.2 Single pole concrete with steel crossarms and sus pension insulators.

B.2.18.2.3 Concrete H-frame.

B.2.18.3 All poles for the 200 K V transmission facili ties shall be prestressed concrete per s'pec. 8-2101 and 8-2101 included in Section B.O.

B.2.18'll guy wires shall be galvanized steel, class "C" coating, extra high strength stranded, bare wire, as per ASTM Specification A075.

B.2.18.5 Design Criteria B.2.18.5.1 Wind loading on structures and conductors -50$//sq.,ft.

round surface, 80///sq. ft. flat surfaces.

B-36

B.2.18.5.2 Guying - per standard 12-201T B.2.18.5.3 Insulation - per standard drawings.

B.2.18.5.0 Clearance - per standard IV-2 B.2.18.5.5Conductor - 103 Kcmil ACSR/ZR infused per option "A"-8-5100, 1.027 in. dia., 36,500 lb. strength, 05/7 stranding.

B.2.18.5.60verhead ground wire - 3/8" galvanized steel, 0.385 dia., 15,930 lb. strength, 7 /$ 8 stranding.

B.2.18.6 Specific Requirements The 200 KV transmission line facilities shall meet the FPL specifi-cations and standards included in Section B.O.

B.2.19 Cathodic Protection Cathodic protection for the facility will be in accordance with FPL standards for cathodic protection of fossilfired power plants.

B.3 SPECIFICATIONS - GENERAL B.3.1 Specifications shall clearly describe the item, its function, construction, performance and features so that the manufacturer can accurately determine what is required and what must be supplied to properly meet the intent of the specification.

B.3.2 The specifications shall cover and describe in detail, but not necessarily be limited to addressing, the following:

B.3.2.1 Scope of Specification B.3.2.2 Equipment and Services by Vendor B.3.2.3 Equipment and Services by other than Vendor B.3.2.0 Subcontract Equipment and Services B.3.2.5 Applicable Codes and Standards B.3.2.6 Design Conditions B-37

B.3.2.7 Detailed Specifications and/or Requirements B.3.2.8 Inspections and Tests B.3.2.9 Performance Guarantees B.3.2.10 Cleaning and Painting B.3.2.11 Tagging of Equipment B.3.2.12 Preparation of Equipment for Shipment B.3.2.13 Service Engineer B.3.2.10 Data Sheets (if required)

B.3.3 Sample specifications and copies of FPL Standards for particular pieces of equipment will be made available to the County. Specifications shall be patterned after and contain the applicable requirements as described in the sample specifications and applicable FPL Standards.

B.3.0 Contractor shall also prepare for FPL review and approval, specification for EGF related work or services which may be subcontracted.

B.0 SPECIFICATIONS STANDARDS AND DRAWINGS The following drawings are references to this Appendix B:

B.0.1 Solid Waste Generating Facility Typical Cycle Diagram B.0.2 Solid Waste Burning Plant One Line Diagram (A-70002)

B.0.3 Solid Waste Burning Plant Relay Single Line Diagram (E-SK-2-23-77)

B.0.0 FPL Draf ting Standards B.0.0.1 Drawing Paper Size (B-8)

B.0.0.2 Approval and Revision Blocks (B-9)

B.0.0.3 Title Block (B-10)

B.0;5 Metering B.0.5.1 Revenue Metering and Net Busbar Energy Metering - Dwg. No.

SK-MR G-031177 B-38

B.0.6 Switchyard Structural B.0.6.1 Substation Drawings

.l. Electrical Plan and Elevation (ESK-09081, sh.l)

.2, Elevations 'A-A'nd 'B-B'ESK-09081, sh.2)

B.0.6.2 Substation Standard Drawings Foundation Drawing FDN Dwg. 8 REBAR /I

.l. X-66 200 KV (OCB) E-20922 A-20923

~ 21 X-67 (Type 8 Pipe Col) E-21001 A-20995

~ 30 X-69 (200 KV LA's) E-'21001 A-20999

~ 0, X-121 (Line Trap) E-00218 A-00219

.5. X-120 P (AF-5) E-07930 A-07935

.6. X-126 (Switch Struct.) E-08829 A-08830

~ 71 X-17 (for Stat. Serv.

Transformer) E-9555, Sh I A-18200

.8. X-I (Aux. Tx.) E-9555, Sh I A-18232

.9. X-108 (Main Tx.) E-30781 A-30782

.I O. X-108P (Main Tx. w/piling) E-30781 A-30783

~ 20 Structure Drawings Dwg.k/

.l. AF-5 (pull-off tower) E-07838) Sh IR 2

~ 2t DS-12 (switch) E-08677

~ 30 DS-13 (switch) E-08678 Type "A" Plate E-30578 (Sh /$ 2)

.5. IF-2 (fitting) D-05131

.6. E-5 (line trap) E-00217

~ 70 SP-I (insulator spacer) E-03757

.8. F-I (for sta. serv. transformer) B-10200

~ 30 Miscellaneous Drawings Dwg. $/

.l. ~

Grounding E-16131 Sh. 1,3,0, R 5

~ 20 Terminal adapters E-21730

~ 30 Spill gaps E-29308, Sh. 2

~ 0, Spill gap details E-29308, Sh. I R 2

~ 50 Anchor bolts E-30007

.6. Alum. bus connections E-02019, Sh. I, 2 R 3

~ 70 Alum bus fab. details E-00390

.8. Alum. bus details E-00557

.9. Lighting E-59055, Sh. I

.IO. Carrier equip. mounting E-67030

.11. OCB connections A-16305

.12. Fire extinguisher cab. A-19030

.13. Potential junct. box B-21910

.10. Rebar sample schedule D-69515

.15. 3unct. box fab. details D-55069

~ 0, Switchyard Control House Drawings Dwg. 5/

B-39

.l. Utilitybldg. arch. Plans E-(01705)

~ 20 Utilitybldg. equip. location E-(01569)

~ 31 Panel installation E-53863

~ 0, Telephone board details D-07530

~ 50 Misc. building details D-13625

.6. Battery rack B-29950 B.0.6.3 Material Specifications Dwg. 8

.1. Power transformer (GSU) 0.1-1 RR+

.2. Transmission power breakers 0.3-1 RR+

.3. Current transformer 0.5-0

.0. Group operated disc. sw.

(1600a 4 600a) 0.6-3 RR+

.5. Automatic transf er panels 0.7-2

.6. Panel boards 0.7-3

.7. Substation alum. bus connectors 0.8-0

.8. Substation copper bus connectors 0.8-3

.9. Control cable - 10 AWG 7 strand 0.9-1

.10. Information requirements from Vendors 0.11-1

.11. Soil test boring 0.12-1

.12. Substation equipment - factory painting 0.12-2

.13. Fabricating R galv. steel products A-22183

.10. PVC pipe/conduit and fittings A-31382

.15. Cleaning and painting substation apparatus A-30882

+RR indicates a standard specification that has specific requirements added for this project.

B.0.6.0 Construction Specifications Dwg. 8

.l. D-1 - Material R Work Devices A-55162

~ 20 D Clearing, Filling, Paving 4 Grading A-55163

~ 30 D Foundations A-55160

~ 0, D-3A- Piling A-55165

~ 5o D Security Fencing A-55166

.6. D Structures A-55167

~ 70 D Buildings '-55168

.8. D Electrical Work A-55169

.9. D Substation Grounding A-60038

.10. D Precast Cable Trench A-65281 B.0.7 Relay 8c Control and Supervisory Control B.0.7.1 Material Specifications B-00

.l. Switchboard spec. RS-30 Turkey Point 200 KV Line

~ 21 Switchboard spec. RS-07 Switchyard 200 KV Tie Line Oocated at Plant) 030 Switchboard spec. RS-30 Dade 200 KV Line

~ g. Switchboard spec. RS-07 Plant 200 KV Tie Line

.5. Switchboard spec. RS-31 Plant 200 KV Tie (Back-up)

.6. Switchboard spec. RS-21 200 KV Swyc. Local Backup

~ 70 Switchboard spec. RS-10 200 KV Synchronizing Panel

.8. Switchboard spec. RS-63 Solid State Relay System- Dade Line

.9. Switchboard spec. RS-63 Solid State Relay System Turke y Point Line

.10. Spec. RS-11 Carrier Current Trans-Rec. Set, Dade Line

.11. Spec. RS-ll Carrier Current Trans. Rec. Set, Turkey Point Line

.12. Spec. RS-26 Coupling Capacitor Voltage Transformer

.13. Spec. RS-00 Storage Battery (Switchyard)

.10. Spec. RS-01 Battery Charger

.15. Spec. RS-12 Carrier Current Tuning Unit

.16. Spec. RS-13 Carrier Current Line Trap

.17. Switchyard Spec. RS-22 General Notes

.18. Switchyard Spec. RS-15%'iring Notes

.19. Sketch SK-AD011077 "Close" Interlock Ckt.

.20. Supervisory Control Equipment - Specific Requirements

.21. Spec. L-176 Supervisory Cont. R Data Acquisition Remote Terminal Units BA.7.2 Standard Drawings

.1. Panel fab. details D-15287

~ 20 Stand. specs. fab. R finishing al. switchboards A-15380

~ 30 Panel cutting 8c drilling details D-15076

~ Q, Panel wiring grilles, fab. details B-16505

~ 51 Panel term. block support A-16519

.6. Spacer panel fab. details A-31337

~ 70 Carrier current trans/rec. test repeat unit C-38003

.8. Spacer panel fab. details B-38931

.9. Control R transfer sw. escutcheon diagram E-03636

.10. Mounting plant - tripping doides, current R watt/var transducers fab.

details E-09288

.11. Z block support fab. details. B-53200

.12. Stand. specs - fab. 4 finishing steel switchboards A-67027

.13. Supervisory control function tab.

2 pt. assignment E-(07900)

.10. Supervisory control equipment function tabulation, point assignment E-(69806)

B.0.7.3 Generation Telemetering

.1. Watt Var R KWH Telemetering Control Center Remote Terminal Unit (SCC RTU) Sketch RRE 2979 B 0.8 Transmission B.0.8.1 Transmission Specifications

.1. Special Instructions, SI-ACSR A-62357

.2. Structures (D-5) A-55167

.3. Foundations R Anchors (D-3) A-55160

.0. Fab. 4 Galvanizing Steel Prod. A-22183 Electrical Work B.0.8.2 Standards - Overhead Transmission Lines

.1. Structure Drawings

.1. 2-01252

~ 20 2-01253

~ 31 2-02272

~ 0, 2-01292

~ 50 2-01013

.6. 2-01052

~ 7t 2-01053

.8. 2-01611

.9. 2-01691

.2. Miscellaneous Transmission Standards

.l. Anchors III-2

~ 20 Guys III-0

~ 30 Connectors 0-1211

~ 0, Load limiting adapter on HLP 0-1361

~ 50 Initial sag R tension 0-63021

.6. Min. wire clearances. IV-2

~ 71 Special instructions - dead ends IV-16

.8. Initial sag - H fram OHGW IV-00

.9. Initial sag - H frame 1031 IV-08

.10. Initial sag single pole 1031 IV-08B

.11. Anchor install. B-36803-2

.12. Bonding concrete poles 5-121

.13. Bonding 5-151

.10. Grounding guys 5-300

.15. Grounding fences G-8, 5-911

.16. Grounding fences 5-913

.17 Staking concrete pole 6-1211

.18. Pole setting 6-1233

.19. Bog shoe 6-2231

.20. R/W markers 7-79102

.21. Concrete pole details 8-2102

.22. Concrete pole installation 8-2103

.23. Steel crossarm 8-3221

.20. V-brace 8-3329

~ 251 Crossbrace C 8-3320

.26. Crossbrace A 8-3322

~ 270 Crossbrace B 8-3323

.28. OHGW bracket 8-3927

.29. Guy plate 8-3021

.30. Guy plate 8-3023

.31. Epoxy-boning mortar VIII-25

.32. Clearing R/W 2-001T

.33. Suspension insulators, pulloff 3-006T

.30. Max. unguyed spans, single 12-131T

.35. Max. unguyed spans, single truncated 12-133 T

.36. Guy loading 12-201 T

.37. Specs concrete poles 8-2101

.38. Bonding and grounding V-1

.39. Conductor specifications 8-5100

.00. Dimensions and weights of concrete poles 6-201 T B.5 TRANSMISSION FACILITIES B.5.1 One complete 200 KV switchyard including support structures, oil circuit breakers, lightning arrestors, bus systems, disconnect switches, carrier coupling equipment, station service transformers and required protective relaying and control equipment.

B.5.2 One 200 KV 3 phase overhead transmission line consisting of required poles, insulators, conductors and down-guys.

B.5.3 One complete substation including 13.8-200 KV transformers, disconnect

,I switches, lightning arrestors, support structures, bus system, segregated phase bus, protective relaying and control equipment, main and auxiliary breakers, station service transformers, metering and synchronizing equipment.

B.6 GENERATION FACILITIES B.6.1 Two 38 MW turbine-generator systems including lubrication and cooling system, an excitation system, 'potential transformer and surge cubicles; grounding cubicle and grounding transformer, protective relaying and control equipment and required conductors for interconnections.

EXHIBIT "A" LEASE OF ELECTRICAL GENERATION FACILITY SITE

EXHIBIT t'A This Exhibit "A" is attached to and made a part of that certain Electrical Generation Facility and Steam Purchase Agreement, between Metropolitan Dade County, Florida, and Florida Power R Light Company, effective October 18, 1977.

LEASE OF ELECTRICAL GENERATION FACILITY SITE THIS LEASE, made as of the day of g by and between METROPOLITAN DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (hereinafter called the "County"); and FLORIDA POWER R LIGHT COMPANY, a public utility company (hereinaf ter called the "FPL").

W I TN ESSETH:

WHEREAS, the County and FPL have entered into an Agreement For An Electrical Generation Facility and Steam Delivery, effective October 18, 1977 (the "EGF Agreement" ), pursuant to which FPL has agreed to purchase an Electrical Generation Facility constructed in conjunction with a solid waste disposal and resource recovery facility on a certain site of land in Dade County, Florida, to be provided by the County; and WHEREAS, the County is the owner in fee simple of the real estate (hereinafter referred to as the "Electrical Facility Site" or the "Site") underlying the electrical generation facility (hereinafter referred to as the "EGF"); and WHEREAS, the EGF Agreement provides that the 'County shall lease the-Site to FPL for the purposes set forth in the EGF Agreement; EA-1

NOW, THEREFORE, for and in consideration of the above-recited premises and the following promises, and the promises contained in the EGF Agreement, the parties hereby agree as follows:

1. Notwithstanding anything herein to the contrary, any and all of FPL's obligations under this lease shall only apply to such personal property and that part of the site under the sole control of FPL and, unless otherwise provided for in this lease, shall only apply subsequent to passage of title to the EGF Transmission Facilities as provided for in Section 7.0 of the EGF Agreement.

2. Lease Term. Upon and subject to the terms and conditions hereinafter set forth, the County demises and leases to FPL, and FPL rents from the County, the Electrical General Facility Site as more fully described in the EGF Agreement and Exhibit "1" attached hereto and by this reference made a part hereof.

TO.HAVE AND TO HOLD the Site for a term (the "Lease Term" )

of twenty (20) years plus an additional term equal to the number of days from the date of passage of title to the Transmission Facilities to the Acceptance Date, as defined in the EGF Agreement, subject, however, to the prior termination bf the Lease Term in the event that the EGF Agreement is terminated, unless otherwise provided in the EGF Agreement, and subject to extension of the Lease Term in the event the EGF Agreement is renegotiated or extended so that this Lease shall end on the date of termination of the EGF Agreement.

Anything herein to the contrary notwithstanding, in the event the EGF Agreement between the parties hereto, of even date herewith, is extended, this Lease shall be extended on the same terms and conditions as are applicable during the Lease Term, for an equal period of time.

3. Rent. FPL shall pay to the County, without notice or demand, in.

such coin or currency of the United States of America as at the time shall be legal EA-2

tender for payment of public and private debts, at such place or places or to such agent as the County, its successors or assigns from time to time may designate, a rental payment of one dollar ($ 1.00) per annum, in advance ("Rent" ).

During any extended term the annual Rent shall be one dollar ($ 1.00) and all of the terms and provisions contained herein shall remain in full force and effect.

0. Definitions. As used herein, the following terms have the following respective meanings:

(a) Electrical Generation Facilit or EGF.

The Electrical Generation Facility constructed on the Site, together with all improvements, equipment, materials, fixtures, machinery and appurtenances therein or hereinafter installed, as more fully defined in the EGF Agreement.

(b) Electrical Facilit Site or Site.

The real estate described in Exhibit "1" attached hereto upon which the Electrical Generation Facility is located.

(c) Solid Waste Resource Recover Facilities or SWRRF The complete facilities for the receiving and processing of solid waste, the recovery of resources, the production of steam and the generation of electricity. The SWRRF includes both the solid waste a

processing facility and the Electrical Generation Facility (d) Insurance Re irements.

All terms of each insurance policy covering or applicable to the Site or any part thereof, all requirements of the issuers of all such policies, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions) applicable to or affecting the Site or any use or condition of any part thereof.

EA-3

(e) Le al Re uirements.

All statutes, codes, laws, acts, ordinances, by-laws, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Site or any part thereof.

Any personal property of FPL which is not used or procured for use in the operation, maintenance or protection of the EGF.

5. Title to EGF and Im rovements. Title to the Electrical Generation Facility shall be as provided for in the EGF Agreement. All FPL owned improvements and appurtenances thereto, equipment, fixtures and machinery therein contained, constructed, installed or placed upon the Site or situate and being at or above the Site shall be and remain in FPL.

6. Vse of Site. FPL shall use the Site solely for the purposes of operating the Electrical Generation Facility as described in the EGF Agreement.

FPL will not at any time permit any occupancy or use of any part of the Site or do or permit any act or thing contrary to any Legal Requirement or Insurance Requirement or which might constitute a public or private nuisance or an abandonment or waste of the Site or any part thereof.

7. Removal of EGF. The EGF or any part or parts thereof which are owned by FPL, and all of FPL's Equipment therein shall remain the property of FPL unless as otherwise provided for in accordance with the provisions of the EGF Agreement. Any portion of the EGF owned by FPL in accordance with Section 5 hereof or FPL's Equipment shall be removed or disposed of by FPL within three (3)

years after any termination of the Lease Term, including any extensions thereof. U the cost of such removal or disposal exceed the salvage value of the items to be removed or disposed of, the difference between said cost and said salvage value shall be at the County's expense. If FPL cannot remove or dispose of its property within said period, the parties may extend such period by mutual agreement.

3. Corn liance with Le al Re uirements FPL will: (i) promptly comply with all Legal Requirements, affecting the Site, other than obtaining Licenses as outlined in Section 5.6 of the EGF Agreement, and (ii) comply with all instruments of record affecting Site or any part thereof.

9. Condition of Site and Re airs. The County has made representations as to the condition or the fitness of the Site for the particular purpose expressed in this Lease, and the County shall be liable for any latent or patent defect therein.

FPLwill (i) keep the Site in good order and condition, and (ii) will do every necessary act for the protection and preservation of the Site and adjacent property by reason of any excavation or construction upon the Site, initiated by FPL.

10. Dischar e of Liens. FPL will not create or permit to be created (unless agreed to by the County) or to remain, and will discharge any lien, encumbrance or charge on account of any mechanics', laborers', materialmen's'r vendors'ien or any mortgage, chattel mortgage, conditional sale or title retention agreement, or otherwise, upon the Site or any part thereof.

11. No Claim A ainst the Count . Nothing contained in this Lease shall constitute the consent or request of the County, express or implied, for the performance of any labor or the furnishing of any materials or other property in respect of the Site, or as giving FPL any authority to contract for or permit the rendering of any services or the furnishing of any materials or other property so as to permit the making of any claim against the County or the filing of any lien upon its interest in the Site; and no person furnishing labor, materials or services for the repair or improvement at any time to the Site shall have any lien upon such interest of the County, and any and all liens upon FPI.'s estate and interest in the Site shall be subject to the rights of the County under this Lease.

EA-5

12. Consents. After prior written notice to the County, FPL may contest by appropriate legal proceedings promptly initiated an4 diligently conducted in good faith the amount, validity or application, in .whole cr in p'art, of any Legal Requirement or any lien, encumbrance or charge referred to in Section 10 hereof, provi4ed that: (i) in the case of any Legal Requirement, the County would be fully protected by bond or stipulation from civil or criminal liability for failure to comply therewith unless due to or resulting from the negligence of the County; (ii) the Site would not be in any danger of being forfeited or lost or unduly penalized in any way; an4 (iii) FPL shall have furnished such security, if any, as may be required in the proceedings.

l3. ~Ulled 5 i . F illp

• b p i II h g ~I public or 'private utility services and all sprinkler system an4 protective services, if any,'t any time rendered to or in connection with the Site, and do all other things required for the maintenance and continuance of all such services.

10. Indemnit Insurance and Risk of Loss. The terms and conditions of Section 8.0 (Risk of Loss) and Section 9.0 (Indemnity and Insurance) of the EGF Agreement shall also apply to this lease.

15. Mort a es Assi nments and Subleases. FPL shall not, without the County's prior written consent: (i) mortgage or encumber FPL's interest in this Lease; (ii) assign, sublease or otherwise transfer,'in whole or in part, by operation of law, merger, consolidation or otherwise, FPL's interest in this Lease; or (iii) sublet any part of the Site. Such consent shall not be unreasonably withheld by the County.

16. Entr on Pro rt . The County and its respective authorized representatives shall have the right to enter the Site at all reasonable times for the purpose of inspecting the same or for the purpose of performing the County's obligations under this Lease and may take all such action thereon as may be EA-6

necessary or appropriate for any such purpose. No such entry shall constitute an eviction of FPL.

17. No Waiver B Either Part . No failure by either Party to insist upon the strict performance of any terms of this Lease or. to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of any such term. No waiver of any breach shall affect or alter this Lease, which shall continue in full force and effect with respect to any other then existing or subsequent breach.

18. Remedies Cumulative. Each right, power and remedy of the Parties provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by the Parties of any one or more of their rights, powers or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Parties of any or all other such rights, powers or remedies.

19. Surrender of Site. Upon any expiration or earlier termination of this Lease, FPL shall, in accordance with Section 7 hereof, peaceably vacate and surrender to the County the Site in good condition.

~E' F, p p ig h + dpi'g h d

complying with all the terms hereof, shall lawfully and quietly hold, occupy and enjoy the Site during the Lease Term, without hindrance or molestation by the County or others claiming through the County, subject, however, to the terms of the above mentioned EGF Agreement and subject also to any taking, acts of God or of the public enemy or of the armed forces of the United States.

21. Acce tance of Surrender. No surrender to the County of this Lease EA-7

or of the Site or any part thereof or of any interest herein by FPL shall be valid or effective unless required by the terms of this Lease or unless agreed to and accepte4 in writing by the County, and no act by any representative or agent of the County other than such a written agreement and acceptance by the County, shall constitute an acceptance thereof.

22. Notices. All notices, demands, requests and other instruments under this Lease shall be in writing and shall be considered properly given if sent by United States certified return receipt requested or registered mail, postage prepaid, addresse4: (a) to Florida Power R Light Company, Post Office Box 013100, Miami, Florida 33101, Attention: Project Manager, Resource Recovery Project, or at such other a4dress as FPL shall have furnished to the County in writing; or (b) if to the County, c/o County Manager, Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33131, with a copy to the County Attorney at the same ad4ress, or at such other address as the County shall have furnished to FPL in writing. All notices, demands, requests and other instruments under this Lease shall be deemed to have been received two days after the mailing thereof as aforesaid.

23. Miscellaneous. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. Neither this Lease nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by both Parties. The terms of this Lease shall, subject to the terms hereof, bind and inure to the benefit of the County and its successors and assigns and FPL and its successors and assigns, and shall be construed as covenants running with the land. The headings in this Lease are for convenience of reference only and shall not limit or define the meaning hereof. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which shall contitute one and the same instrument.

EA-8

The County shall not in any way or for any purpose by reason of this Lease be deemed a partner of FPL in its business or otherwise or a joint venturer or a membei of any joint enterprise with FPL.

~N-E I ii . A Ngh *i 1 y it dig, the County, after written approval by FPL, may use or lease a portion of the EGF Site leased hereby.

IN WITNESS WHEREOF, the County and FPL have caused this Lease to be executed on the day and year first hereinabove written.

METROPOLITAN DADE COUNTY, FLORIDA Witness By its Board of County Commissioners By Witness Attest:

By RICHARD P. BRINKER, CLERK FLORIDA POWER 8( LIGHT COMPANY Witness By Witness Attest:

By EA-9

EXHIBIT "B" Florida Power h Light Company 9250 West Flagler Street Miami, Florida 33170 Gentlemen:

We have acted as counsel on behalf of Metropolitan Dade County, Florida (the "County") in connection with an agreement entitled "Agreement For An Electrical Generation Facility and Steam Delivery Between Metropolitan Dade County, Florida And Florida Power R Light Company," and Appendices A and B inclusive, and Exhibits A and B, inclusive, (collectively the "Agreement" ), between you and the County, We have participated in the preparation and review of the Agreement for the County and in all proceedings on behalf of the County before'he County's governing body.

Upon the basis of our familiarity with these transactions and the affairs of the County generally, we are of the opinion that:

The County has the power, authority and legal ability to execute the Agreement.

The Agreement has been duly and validly authorized, executed and delivered by, and constitutes a valid and binding obligation of, the County, 1 III.

The Agreement is enforceable according to its terms.

IV.

No further approval, authorization, consent or order of any public board or body is legally required for the performance of the County's obligations under the Agreement.

Very truly yours, EB-1

EXHIBIT "I" LEGAL DESCRIPTION OF ELECTRICAL FACILITYSITE

EXHIBlT "1" To be supplied upon execution of the lease.

0

~ ~

~ ~

APPENDlX B

~a r ~ Janui=y 23, p,l GFL-Sl-09 "r ., iJ()

'Ii;

~

Ii" I

I I

reit Stier, eim County l'ianacer Da6e Ccuntv C" 'rthouse

"-.oom c00-'il 1 Gen 1 e:ieQ

. e:e ence is  ;.,ac e to ihe noi ce, caied ~>ece.-.,ber 9, 1930, 3.n a ceo canc e with Seciion 10.01 of the Purchase Contract l between us, da ied Septemiber 28, 1976 as Qi icnce (".".e "Purchase Co n i act '), pursuant to which we advised t ie

~

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~

alii

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l

&gtg~~l $ Coun iy tha i 3'se have it .was in c'.efault o the Purchase Cont=act.

not been advised by he Coun "y of any atte.,p- to

,I .-'.D= COUNTY) co rec i i;ie cefaul is referred to in such no<<ce within -he

~g (

CG YSTP.'JCT ICiM th' iy (30) cav period provided =or in Sect'on 10.01.

COR?.

lioreover, the re usal of the County to act DQ. suant to our reruest in he letter dated January 20, 1981 from me to you makes ev'cent that the consisient course of co..duct pursued by ihe couniy under this c niract w lich = eculres cooperaiion of tne parties, ma.:ces perforimance by us i... oss-ible, and corsti"utes a repudiation of the Purchase Ccntrac by the County.

advi se you that hereby terminate and car'cel t'e the=efore

')e we Purchase,Coniract pursuant to Section 10.01 thereof, effective ir.=.ec',iately, provic:ed however that we do not term'nate the Lease dated Sep"ember 23, l976 wh ch 's Exhibit C to the Purchase Contract and said Leas re..ains in effect. > e will rema'n at ihe site 'n orcier io -naintair and Drotect ine aciliiy and, in ac:dition, to co...piete wo 2 on certain aspects of ihe .acility Second su"s" antial ccmiplet'on. S ch actions have no ef ect on th's te~inat'c Our cosis under the Purchase Coni"act for work coi.pleted or co~witted for, includina the amount due uncex Sec ion

3. 09 {d) at substantial completion, are not less than

$ 124,500,000. Pa~~iient o this sum is now due. You a"e also notif'ed that the current in crept costs on this amount are ap roxima 'ely $ 65;600. per day.

D. =OX 524056 A!:il, FLQRIOA 33152

-:GN":(305) 592-2200

":X:60-3568

~ ~ rett 1C'-$

=age

-~ e o toe rac'>'-y has no esca to the County unoer Pu c.case t

~

Con"ract, anc ve reserve a r~c.,ts vj.th respect hereto.

v ~erve a>1 other re"...ec'e s tnat .~e r;.ay have aga-nst t.",e County as a resu'i t o= 's breaches c t'e Purchase Contract.

Very t "u ly vou s, P"-SOUBC"-S F.="COV=RY ( .=.D-<<CPZ;-.y)

CQ',wS~ggiiC~iZQ4 { O~>

G ~ 7 ~ LaQCecc~- "res>.cent R-"SCARC=S P COY~

(DADE COL"TY), INC.

G= L/km ceo P.overt A. Gxnsburg, Zsg.

G F Lance c resi cegt

~ 5 ~ ~ ~

~ ~

I APPENDIX B Janu "y 23, 1'Bl GrL-Sl-09 l'l

~ I I

I ,sr ~ .'~ezrett St er ~ ~ c iB Coun ty t! a nacer Dade Ccuntv C" ~r ..ouse

-.==m 900-911 Ge t n 1 e

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Refer nce is ;.ade to the not'ce, ca ed rece, ber 9 19[0 in accorcanc e with Section 10.01 of the Purchase C~ntrac" between us, da ed September 28, 1976, as amenced {the "Purchase Co n act"), pursuant to which we acvised ;->e WQIJ~yA I County that i" .was in de ault 0 ~

he Purchase Cont"act.

have ..ot b=en acvis d by he County of a,.y atte~-.~t to

~

,1 I

.'D-" COUNTY) correct the cefaults referred to in such notice 'th'n he

(

CV S UC ICM th'rty {30) cav period provided =or in Sect'on 10.01.

CORP.

lloreover, the re usal of the County to act. pursuant to our rec:uest in "he letter da" ed January 20, 1981 f"cm ne to you r<<akes evident that t le consistent course of concuct pursued by the Coun"y under this contract wh'ch recuires coopera" ion o the parties, va.';es pe formance by us ';..poss-ible, and consti"utes a repudiation of the Purchase Cont"ac bv the County.

')e the"efore advise vou that >>e hereby terminate and cancel the Purchase Contract pursuant to Section 10.01 the.-eofp effective irnediately, provided however that we co not terr.,'ate the Lease dated Sep"e-;,>er 23, 1976 which 's E~:hibit C to the Purchase Contract 2nd said Lease remains in effect. Pre vill rema'n at the site 'n order to nainta'r ana pro" ect the acilitv and, in ac:dition, to co,piete work on certa'n aspects of -he acility beyond substantial complet'on. Such actions have no effect on th's teminati:

Our costs under the Purchase Con "act for work completed or co~nittea for, includ'na the amount due uncer Sec"ion

3. 09 {a) at substantial completion, are not less than

$ 124,500,000. Payment o this sum is now due. You a-e also r'otified that the current in crept costs on this amount a e approxina"'ely $ 65;600. per oay.

D. =OX 52<056

~l,'sl FLORIDA 33152

~

ON= {~05) =02 2200

=X:60-3569

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Ptl LJa ~ A ad ~ ~

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e ~ i, e to t )e~c ac--- <z s "

r'c.~~ts ~i ~h res>>ca Count g u Qer e c ase Cont pet( t ~e reserve a'1 . ~

+>>re>o

~erve a11 other re.",.eeies that s'e may have aca'ns '.,e County as resu 1tt os. i-'s b"caches c t:"~ ne Pu"chase Con"ract.

Very t -uly you s,

=SOVBC:-S .<<" COV=~> ('=.3: COiR'7X)

CO';iS ~ RUC ':ON CC.>>Z

~Y .~ nrP>iw-V G.P. LanCeccp - res 3.cent R" SCARC=S P" COV:-RY (DPD" COl iTX), INC.

Q- L/k:n po~ert A- Cinsburg, Zsg.

G.F. Lance"c resicent

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