HomeMy WebLinkAboutResolution 2026-34304RESOLUTION NO. 2026-34304
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING UTILITY RELOCATION AGREEMENTS REQUIRED FOR THE
DEVELOPMENT OF THE NEW FIRE STATION NO. 1 AT 833 6TH STREET: 1)
THE LUMP SUM RELOCATION AGREEMENT WITH FLORIDA POWER &
LIGHT COMPANY (FPL), IN THE AMOUNT OF $907,707.00, FOR
CONSTRUCTION COSTS ASSOCIATED WITH THE RELOCATION OF THE
FPL FACILITIES, SAID COSTS INCLUDING THE RELOCATION OF EXISTING
DUCT BANK, ABANDONMENT OF EXISTING VAULT ROOM, AND
INSTALLATION OF TEMPORARY POWER DURING CONSTRUCTION; AND 2)
THE LETTER OF AGREEMENT FOR CUSTOM WORK AND ESTIMATE OF
ACTUAL COST GOVERNMENT AGREEMENT WITH AT&T, IN THE
ESTIMATED AMOUNT OF $470,011.32, FOR THE PREPARATION OF A
DETAILED DESIGN AND THE CONSTRUCTION COSTS RELATED TO THE
RELOCATION OF THE AT&T FACILITIES; AUTHORIZING THE CITY
MANAGER TO FINALIZE SAID UTILITY RELOCATION AGREEMENTS; AND
FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE FINAL AGREEMENTS RELATED TO THE RELOCATION
WORK FOR EACH UTILITY, UTILIZING PREVIOUSLY APPROPRIATED
FUNDING.
WHEREAS, the existing Fire Station 1, located at 1051 Jefferson Avenue, was built in
1967 and serves the areas south of 15 Street including Star Island, Hibiscus Island, Palm Island,
MacArthur Causeway up to Watson Island and Terminal Island; and
WHEREAS, a project for the design and construction of a new Fire Station 1 facility (the
"Project") received funding under the 2018 General Obligation Bond, which initiated the design
process; and
WHEREAS, the proposed facility was to be designed as a critical facility complying with
the required FEMA flood elevation, to meet the requirements of the current National Fire
Protection Association (NFPA) standards, to withstand a Category 5 hurricane and other natural
disasters, as well as security threats/risks, while addressing current operational needs of the Fire
Department; and
WHEREAS, on July 31, 2019, pursuant to Request for Qualifications (RFQ) No. 2019-
208-ND, the Mayor and City Commission adopted Resolution No. 2019-30913 approving and
authorizing the Mayor and City Clerk to execute an agreement with Wannemacher Jensen
Architects, Inc. ("WJA°) for architectural and engineering design services for the Project; and
WHEREAS, in January 2021, WJA submitted 30% construction documents for the Project
at the site of the South Shore Community Center, 833 6th Street, in the Flamingo Park
Neighborhood ("Project Site"); and
WHEREAS, the proposed 29,369 square foot facility will provide four drive-thru apparatus
bays, living spaces, offices, a kitchen, a gym, support facilities, and 34 parking spaces; and
WHEREAS, the Project shall maintain vehicular access to surface parking lot P-11, which
is located on the Project Site, and to the Meridian Court alley (the "Alley"); and
WHEREAS, on March 8, 2022, after two presentations to the Historic Preservation Board
(the "HPB"), the updated design incorporating all design modifications was approved; and
WHEREAS, conditions to the approval by the HPB include preparation of a Unity of Title
for the parcels of land that comprise the Project Site; and
WHEREAS, this will require vacation of the existing right-of-way, which currently runs
beneath the existing building; and
WHEREAS, during the development of the 60% and 90% Construction Documents, the
consultants coordinated with several utility providers that exist on site and determined that Florida
Power & Light Company ("FPL") and AT&T have utilities that run under the existing building, which
will need to be relocated in order to continue to serve the future fire station and the rest of the
surrounding area; and
WHEREAS, the relocation of the utilities will be addressed as a part of the Project; and
WHEREAS, on October 26, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32345, amending the contract with WJA, to include the services necessary to address
the relocation of the FPL and AT&T utilities; and
WHEREAS, several meetings have been held with representatives of FPL to coordinate
the scope of work required for the relocation of the electrical service that currently runs under the
building; and
WHEREAS, FPL proposed to relocate the existing duct bank under the building, abandon
the FPL transformer vault (room), install cables necessary for continued service to the
neighborhood through the Alley, and provide temporary electrical service to the Project for use
during construction; and
WHEREAS, electrical service would then run from a manhole on 6th Street east to
Meridian Avenue, north on Meridian Avenue and west across parking lot P-11 to connect to the
existing service in the Alley; and
WHEREAS, FPL will reconstruct all trenches on the public right-of-way, while the City's
contractor will mill and resurface the entire area at the end of construction of the Project; and
WHEREAS, FPL will provide the materials for installation by the City's contractor, and
coordinate with the City's contractor the installation of the new duct bank on private property, as
well as the new, permanent electrical service and transformer vault; and
WHEREAS, in 2023, FPL provided a non -binding "ballpark" estimate for the required
services for the relocation of the underground electrical service lines in the amount of
$516,000.00; and
WHEREAS, similarly, meetings were held with representatives of AT&T to coordinate the
scope required to reroute their lines and facilities; and
WHEREAS, AT&T proposed to reroute their lines from a manhole on 6th Street east to
Meridian Avenue, north on Meridian Avenue, west across parking lot P-11, and north on Meridian
Court, to an existing manhole on 7th Street; and
WHEREAS, AT&T provided a Letter of Agreement for Custom Work and Estimate of
Actual Cost Government Agreement, for the required services for the relocation of their utilities,
in the amount of $392,681.05; and
WHEREAS, on July 26, 2023, the City Commission adopted Resolution No. 2023-32683
approving the utility FPL relocation costs of $516,000 plus a 10% contingency for a total not -to -
exceed amount of $566,600, and for AT&T in the amount of $392,681.05 plus a 10% contingency,
for a total not -to -exceed amount of $431,949.16, and authorizing the City Manager and City Clerk
to execute any agreements related to the relocation work for each utility subject to approval by
the City Attorney; and
WHEREAS, also on July 26, 2023, the City Commission adopted Resolution No. 2023-
32684, approving the vacation of the Alley as a critical component of the Project and granting
easements for utility providers to utilize the area under parking lot P-11 for their infrastructure to
serve the new fire station and the surrounding areas; and
WHEREAS, on June 26, 2024, the City Commission adopted Resolution No. 2024-33157,
directing the Administration to proceed with the relocation of the Project from the South Shore
Community Center to the Flamingo Park site, depending on referendum approval by a majority of
Miami -Dade County voters; and
WHEREAS, on August 20, 2024, an overwhelming majority of Miami -Dade County
residents voted in favor of the measure, placing the project at the Flamingo Park site, and
therefore, the FPL and AT&T utility relocation agreements were never executed; and
WHEREAS, on September 11, 2024, the City Commission adopted Resolution No. 2024-
33266, repealing Resolution No. 2022-32201, and abandoning the Certificate of Appropriateness
for the total demolition of the South Shore Community Center, as well as the Certificate of
Appropriateness for the construction of the Project at this location; and
WHEREAS, on July 23, 2025, the City Commission discussed three agenda items related
to the Project:
• C7 AF - Save Flamingo Park, sponsored by Commissioner Suarez
• C7 AG - Action Plan to Utilize Existing Location for Fire Station 1, sponsored by
Commissioner Rosen Gonzalez and co -sponsored by Commissioner Magazine
• C7 AL - Consider Repurposing Flamingo Park Parking Lots into Green Space,
sponsored by Commissioner Bhatt; and
WHEREAS, after a discussion about the Project, the City Commission adopted After -the -
Fact Resolution No. 2025-33839, directing staff to explore other potential locations for the Project;
and
WHEREAS, on December 17, 2025, the City Commission discussed several potential
locations identified for the Project and adopted Resolution No. 2025-34057, from item R7 AE
sponsored by Commissioner Suarez and co -sponsored by Commissioner Magazine and Mayor
Meiner, directing the Administration to take all steps necessary to proceed with the construction
of the Project at the Project Site; and
WHEREAS, following the Commission direction to relocate the Project to the Project Site,
the Administration has held meetings with FPL and AT&T to discuss the relocation of their utilities
in preparation for demolition of the South Shore Community Center to allow for construction of
the Project; and
WHEREAS, on March 27, 2026, FPL provided a cost for the required services for the
relocation of the underground electrical service lines in the amount of $907,707; and
WHEREAS, FPL's relocation plan remains the same as it was in 2024, with the electrical
lines to be rerouted around the building: from the manhole at approximately 831 6th St going east
on 61h Street, north on Meridian Avenue, west through parking lot P-11, and north on Meridian
Court; and
WHEREAS, when responding to the City's inquiries regarding the increased costs, FPL
stated that the cost provided reflects current construction pricing, labor costs, material costs, and
regulatory requirements; and
WHEREAS, on May 5, 2026, AT&T provided a Letter of Agreement for Custom Work and
Estimate of Actual Cost Government Agreement, for the required services for the relocation of
their utilities, in the amount of $470,011.32; and
WHEREAS, AT&T's service lines will be rerouted from a manhole on 6th St and Meridian
Ct to go east on 6th Street, north on Meridian Avenue, west through parking lot P-11, and north
on Meridian Court towards 7th St; and
WHEREAS, when responding to the City's inquiries regarding the increased costs, AT&T
shared that their costs reflect current field conditions, including an additional fiber cable that was
installed at the end of 2024 and the installation of a new manhole necessary to reroute several
fiber cables; and
WHEREAS, the City Manager recommends that the Mayor and City Commission do the
following: (i) approve, in substantial form, the Lump Sum Relocation Agreement with FPL, a draft
copy of which is attached to the City Commission Memorandum accompanying this Resolution
as Exhibit A, for engineering services and construction costs associated with the relocation of the
FPL utility facilities, in the amount of $907,707.00, (ii) approve, in substantial form, the Letter of
Agreement for Custom Work and Estimate of Actual Cost Government Agreement with AT&T, a
draft copy of which is attached to the City Commission Memorandum accompanying this
Resolution as Exhibit B, for design, engineering, and construction costs associated with the
relocation of the AT&T utility facilities, in the estimated amount of $470,011.32, (iii) authorize the
City Manager to finalize the foregoing agreements, and (iv) authorize the City manager and City
Clerk to execute the finalized agreements.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, in substantial form, the following utility relocation agreements
required for the development of the new Fire Station No. 1 at 833 6th Street: 1) the Lump Sum
Relocation Agreement with Florida Power & Light Company (FPL), in the amount of $907,707.00,
for construction costs associated with the relocation of the FPL facilities, said costs including the
relocation of existing duct bank, abandonment of existing vault room, and installation of temporary
power during construction; and 2) the Letter of Agreement for Custom Work and Estimate of
Actual Cost Government Agreement with AT&T, in the estimated amount of $470,011.32, for the
preparation of a detailed design and the construction costs related to the relocation of the AT&T
facilities; authorize the City Manager to finalize said utility relocation agreements; and further,
authorize the City Manager and City Clerk to execute the final agreements related to the
relocation work for each utility, utilizing previously appropriated funding.
PASSED and ADOPTED this o?q day of �U , 2026.
Steven Meiner, Mayor
ATTEST:
JUN 2 6 2026
Rafael E. Granado, City Clerk
.................,,
'LOR° GRATED.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 24. 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA. APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING UTILITY RELOCATION AGREEMENTS REQUIRED FOR THE
DEVELOPMENT OF THE NEW FIRE STATION NO. 1 AT 833 6TH STREET: 1) THE
LUMP SUM RELOCATION AGREEMENT WITH FLORIDA POWER & LIGHT
COMPANY (FPL), IN THE AMOUNT OF $907,707.00, FOR CONSTRUCTION
COSTS ASSOCIATED WITH THE RELOCATION OF THE FPL FACILITIES, SAID
COSTS INCLUDING THE RELOCATION OF EXISTING DUCT BANK,
ABANDONMENT OF EXISTING VAULT ROOM, AND INSTALLATION OF
TEMPORARY POWER DURING CONSTRUCTION; AND 2) THE LETTER OF
AGREEMENT FOR CUSTOM WORK AND ESTIMATE OF ACTUAL COST
GOVERNMENT AGREEMENT WITH AT&T, IN THE ESTIMATED AMOUNT OF
$470,011.32, FOR THE PREPARATION OF A DETAILED DESIGN AND THE
CONSTRUCTION COSTS RELATED TO THE RELOCATION OF THE AT&T
FACILITIES: AUTHORIZING THE CITY MANAGER TO FINALIZE SAID UTILITY
RELOCATION AGREEMENTS, AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENTS
RELATED TO THE RELOCATION WORK FOR EACH UTILITY, UTILIZING
PREVIOUSLY APPROPRIATED FUNDING.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the Resolution.
BACKGROUND/HISTORY
The existing Fire Station No. 1, located at 1051 Jefferson Avenue. was built in 1967 and serves
the areas south of 15 Street including Star Island, Hibiscus Island, Palm Island, MacArthur
Causeway up to Watson Island and Terminal Island.
A project for the design and construction of a new Fire Station No. 1 (Project) received funding
under the 2018 General Obligation Bond, which initiated the design process. The proposed facility
was to be designed as a critical facility complying with the required FEMA flood elevation. to meet
the requirements of the current National Fire Protection Association (NFPA) standards, to
withstand a Category 5 hurricane and other natural disasters, as well as security threats/risks,
while addressing current operational needs of the Fire Department.
On July 31. 2019, pursuant to Request for Qualifications (RFQ) No. 2019- 208- ND. the Mayor
and City Commission (City Commission) adopted Resolution No. 2019- 30913 approving and
authorizing the Mayor and City Clerk to execute an Agreement with Wannemacher Jensen
Architects, Inc. (WJA), for Architectural and Engineering Design Services, for the new Fire Station
1.
In January 2021, WJA submitted 30% construction documents for the new Fire Station Project at
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the site of the South Shore Community Center, 833 6th Street, in the Flamingo Park
Neighborhood The proposed facility will provide four drive-thru apparatus bays, living spaces,
offices, a kitchen, a gym, support facilities, and 34 parking spaces. Vehicular access is maintained
to surface parking lot P-11, which is located on site, and to the alley, Meridian Court.
On March 8, 2022, after two presentations to the Historic Preservation Board (HPB), the updated
design of the Fire Station incorporating all design modifications was approved. Conditions to the
approval by the HPB included preparation of a Unity of Title for the parcels of land that comprise
the project site. This required vacation of the existing right-of-way which currently runs beneath
the existing building.
During the development of the 60% and 90% Construction Documents, the consultants
coordinated with several utility providers existing on site. It was determined that Florida Power
and Light (FPL) and AT&T have utilities that run under the existing building which will need to be
relocated in order to continue to serve the future Fire Station and the surrounding area. The
relocation of the utilities will be addressed as a part of the Fire Station Project.
On October 26, 2022, the City Commission adopted Resolution 2022-32345, amending the
contract with WJA, to include the services necessary to address the relocation of the FPL and
AT&T utilities.
Several meetings were held with representatives of FPL to coordinate the scope of work required
for the relocation of the electrical service, which currently runs under the building. FPL proposed
to relocate the existing duct bank from under the building, abandon the FPL transformer vault
(room), install cables necessary for continued service to the neighborhood through the alley to
the north, and provide temporary electrical service for use during construction. Electrical service
would then run from a manhole on 6th Street east to Meridian Avenue, north on Meridian Avenue
and west across parking lot P-11 to connect to the existing service in the alley, Meridian Court.
FPL would reconstruct all trenches on the public right of way, while the City's contractor would
mill and resurface the entire area at the end of construction of the fire station. FPL was to provide
the materials for installation by the City's contractor and coordinate the installation of the new duct
bank on private property and the new, permanent electrical service and transformer vault with the
City' s contractor. In 2023, FPL provided a non -binding estimate for the required services for the
relocation of the underground electrical service lines in the amount of $516,000.
Similarly, meetings were held with representatives of AT&T, to coordinate the scope required to
reroute their lines and facilities. AT&T proposed to reroute their lines from a manhole on 6th Street
east to Meridian Avenue, north on Meridian Avenue, west across parking lot P-11, and north on
Meridian Court, to an existing manhole on 7th Street. AT&T provided a Letter of Agreement for
Custom Work and Estimate of Actual Cost Government Agreement, for the required services for
the relocation of their utilities, in the amount of $392,681.05.
On July 26, 2023, the City Commission adopted Resolution No. 2023-32683 approving the utility
FPL relocation costs of $516,000 plus a 10% contingency for a total not -to -exceed amount of
$566.600. and for AT&T in the amount of $392,681.05 plus a 10% contingency, for a total not -to -
exceed amount of $431,949.16, and authorizing the City Manager and City Clerk to execute any
agreements related to the relocation work for each utility subject to approval by the City Attorney.
Also on July 26, 2023, the City Commission adopted Resolution No. 2023-32684, approving the
vacation of the public alley as a critical component of the Project. This resolution also granted
easements for utility providers to utilize area under parking lot P-11 for their infrastructure to serve
the new Fire Station and the surrounding areas.
On June 26. 2024, the City Commission adopted Resolution No. 2024-33157, directing the
Administration to proceed with the relocation of the Project from the South Shore Community
343 of 2591
Center to the Flamingo Park site depending on referendum approval by a majority of Miami- Dade
County voters. On August 20, 2024, an overwhelming majority of Miami -Dade County residents
voted in favor of the measure, placing the project at the Flamingo Park site. Therefore, the FPL
and AT&T agreements were never executed.
On September 11, 2024, the City Commission adopted Resolution 2024-33266, repealing
Resolution 2022-32201, and abandoning the Certificate of Appropriateness for the total demolition
of the South Shore Community Center, as well as the Certificate of Appropriateness for the
construction of the Project at this location.
On July 23, 2025, the City Commission discussed three agenda items related to the Fire Station:
C7 AF - Save Flamingo Park, sponsored by Commissioner Suarez; C7 AG - Action Plan to Utilize
Existing Location for Fire Station 1, sponsored by Commissioner Rosen Gonzalez and co-
sponsored by Commissioner Magazine; and C7 AL - Consider Repurposing Flamingo Park
Parking Lots into Green Space, sponsored by Commissioner Bhatt. After a discussion about the
Project, the City Commission adopted After -the -Fact Resolution 2025-33839 directing staff to
explore other potential locations for the Fire Station.
On December 17, 2025, the City Commission discussed several potential locations identified for
the Fire Station and adopted Resolution No. 2025-34057, from item R7 AE sponsored by
Commissioner Suarez and co -sponsored by Commissioner Magazine and Mayor Meiner,
directing the Administration to take all steps necessary to proceed with the construction of the
new Fire Station No.1 at the South Shore Community Center site, located at 833 6th St.
On March 18, 2026, City Commission adopted Resolution No. 2026-34185 approving the
Certificate of Appropriateness for the total demolition of the existing two-story building located at
833 61" St, the South Shore Community Center, a city -owned property within the Flamingo Park
Local Historic District, to allow for the construction of Fire Station No. 1 on the subject site.
ANALYSIS
Following the City Commission's direction to relocate the project to the site of the South Shore
Community Center, the Administration has held meetings with FPL and AT&T to discuss the
relocation of their utilities in preparation for demolition of the South Shore Community Center to
allow for construction of the Project.
On March 27, 2026, FPL provided a cost for the required services for the relocation of the
underground electrical service lines in the amount of $907,707 (Exhibit A). FPL's relocation plan
remains the same as it was in 2024, with the electrical lines to be rerouted around the building:
from the manhole at approximately 831 6th St going east on 6th Street, north on Meridian Avenue,
west through parking lot P-11, and north on Meridian Court. When responding to the City's
inquiries regarding the increased costs, FPL stated that the cost provided reflects current
construction pricing, labor costs, material costs, and regulatory requirements.
On May 5, 2026, AT&T provided a Letter of Agreement for Custom Work and Estimate of Actual
Cost Government Agreement, for the required services for the relocation of their utilities, in the
amount of $470,011.32 (Exhibit B). Similar to FPL, AT&T's service lines will be rerouted from a
manhole on 6th St and Meridian Ct to go east on 6th Street, north on Meridian Avenue, west
through parking lot P-11, and north on Meridian Court towards 7th St. When responding to the
City's inquiries regarding the increased costs, AT&T shared that their costs reflect current field
conditions, including an additional fiber cable that was installed at the end of 2024 and the
installation of a new manhole necessary to reroute several fiber cables.
344 of 2591
FISCAL IMPACT STATEMENT
The total amount of the agreement with FPL, $907,707, and the total amount of the agreement
with AT&T, $470,011.32 will be funded with previously appropriated funding in the project.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
Does this Agenda Item support the Strategic Plan?:
Yes
If so, specify what Objective(s):
VC 2.2: Providing a new Fire Station #1 while managing Historic Preservation in the Flamingo
Park Neighborhood
FINANCIAL INFORMATION
304-0820-069357-26-410-599-00-00-00-22822 - $1,377,718.32
CONCLUSION
The Administration recommends that the City Commission approve the Resolution.
Applicable Area
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Project?
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Capital Improvement Projects
Sponsor(s)
345 of 2591
Co-sponsor(s)
Condensed Title
Execute Agmts w/ FPL and AT&T, Utilities Relocation for Construction of Fire Station 1. CIP
Previous Action (For City Clerk Use Only)
346 of 2591
OXMI-RAW
Fbnda Power & Light Company
LUMP SUM RELOCATION AGREEMENT
Applicant City of Miami Beach agrees to pay FPL the lump sum amount of $907,707 to relocate the existing
UG duct bank running under the building at 833 6th Street, to remove all of the equipment from the existing
FPL vault room that will be abandoned and to install 1 switch cabinet and 1 pad mounted transformer, in order
to provide temporary electrical service to the areas currently served by those FPL Facilities during
construction: and
WHEREAS, the temporary service will run from a manhole on 6th Street east to Meridian Avenue, north on
Meridian Avenue and then west across the P-11 parking lot to connect to the existing service in the alley, as
more particularly described in the sketches attached to the Agreement; and
WHEREAS, there will be an additional payment required for the installation by FPL of the equipment
for the new Vault Room to serve 833 6th Street and surrounding neighborhoods. The payment will be in the
form of a Contribution in Aid of Construction (CIAC); and
WHEREAS, FPL will reconstruct all trenches on the public right-of-way, while Applicant's contractor will mill and
resurface the entire area at the end of construction of the fire station; and
WHEREAS, FPL will provide the materials for installation by Applicant's contractor, and coordinate with
Applicant's contractor for the installation of the new duct bank on private property, as well as the new,
permanent electrical service and transformer vault; and
Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the
Applicant's plans which are dated 06/30/2023. Applicant understands that this agreement is solely for the
relocation of FPL facilities. It is the Applicant's responsibility to contact the owners of facilities co -located on
FPL's poles (such as telephone, cable and wireless/cell phone providers), and to negotiate, and pay the cost
of, the relocation of such facilities. Applicant understands that FPL's work under this agreement cannot
proceed until such third party negotiations have been completed. Applicant shall provide FPL with written
documentation from each such third party provider reflecting the date upon which such third party facilities
will be relocated. Applicant also agrees that any scope of work changes listed below will result in FPL
providing a revised Lump Sum cost which Applicant is obligated to pay.
These scope changes are:
1. Change in Applicant's plans/schedule which will affect FPL's relocation.
2. Any error in Applicant's plans which will affect FPL's relocation.
Applicant agrees to pay FPL in advance the full Lump Sum amount for this relocation. This Lump Sum amount
is non-refundable, provided, however if this agreement is terminated or indefinitely suspended, the Applicant
shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore
FPL's facilities to complete operational capability and FPL shall refund the balance.
Applicant acknowledges that high voltage electric lines are located in the area of Applicant's project and agrees
to warn its employees, agents, contractors and invitees, new and experienced alike, of the danger of holding on
to or touching a cable or other piece of equipment that is located or working close to any overhead power line
and to use all safety and precautionary measures when working under or near FPL's facilities. Applicant
acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached
hereto.
347 of 2591
EXHIBIT A
0
FPL
Florida Power & Light Company
Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence),
or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not
limited to loss of profits or revenue on work not performed, for loss of use or under utilization of the Party's
facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance,
nonperformance, or delay in performance of its obligations under this Agreement.
Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates
and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities
whatsoever, occasioned wholly or in part by the negligence of the Applicant, its contractors, subcontractors or
employees, including attorney fees, for injury to or death of person(s) and property damage arising or resulting in
connection with any activity associated with work or service under this Agreement, EXCEPT if the liability arises out
of a claim made by an employee of the Applicant, its contractors or assigns, the Applicant shall indemnify FPL
Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The
Applicant's obligation to protect, defend and hold FPL Entities free and unharmed against such liabilities shall be
subject to the limitation set forth in Section 768.28(5) Florida Statutes, except in the event the Applicant purchases
insurance covering the liability with limits in excess of the statutory limits, the Applicant's obligation shall extend up to
but shall not exceed the limits of that insurance.
Insurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the
subject Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring
FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a broad
form contractual endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and
affiliates and their respective officers, directors and employees to be named as additional named insured on the
Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability
coverage maintained by or on behalf of FPL up to the $1,000,000 limit of liability.
In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective
date of this or such other date as to protect the interest of FPL and the coverage shall survive the termination of
this Agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions
based in contract or in tort (currently, five years). If coverage is an "occurrence" basis, such insurance shall be
maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or
materially altered without at least thirty (30) days written notice to FPL.
The Applicant shall provide FPL with evidence of such liability insurance coverage and the standard insurance
industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL
upon reasonable request.
Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts
between the Applicant and its general contractors who perform or are responsible for construction or
maintenance work on or around the subject FPL Facilities:
'The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and
FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims,
demands, liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for
bodily injuries or death to person(s) or damage to property resulting in connection with the performance of
the described work by Contractor, its subcontractor, agents or employees. This indemnification shall
extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or
property damage combined single limit and $3,000,000.00 occurrence aggregate. In the event the
Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall
extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant
and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of
liability for injury, death and property damage."
Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover
the above indemnity and further agrees to verify with its contractors that such insurance is in full force and
effect. The Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name
and address of Applicant's contractors prior to the commencement of the Relocation of FPL Facilities by FPL.
348 of 2591
EXHIBIT A
Florida Power & Light Company
FPL
This agreement may be terminated at any time upon written agreement between Applicant
and FPL.
FLORIDA POWER & LIGHT COMPANY:
By: AatU4141 Al"tla
Print Name: Patricia Nistal
Title:: Engineer II
Date: 03/24/2026
APPLICANT:
By:
Print Name:
Title:
Date:
349 of 2591
a t & t
EXHIBIT B
Page 1 of S
LETTER OF AGREEMENT FOR CUSTOM WORK and ESTIMATE OF ACTUAL COST
GOVERNMENT AGREEMENT
May 11, 2026
CWO- 49170
Project Number. A02K1D5
Customer Name: CITY OF MIAMI BEACH
Billing Address: 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139
Contact Name: ERIC CARPENTER
Contact email Address: KARLALOPEZ@MIAMIBEACH FL.GOV
Contact Phone Number: (305) 673-7000
Site Location: 833 6TH ST MIAMI BEACH FL 33139
AT&T has received a request from you to perform the following work:
See attached scope of work
Estimated Actual Cost quote
Expenses
Amount
ENGINEERING LABOR
$ 73,505.65
MATERIAL COST
$ 89,199.26
CONSTRUCTION LABOR
$ 190,240.77
CONTRACTOR COST
$ 117,065.64
MISC. COST
$ 0.00
Estimated Contract Price
$ 470,011.32
Less Credits/Payments
$ 0.00
Estimated Balance Due
$ 470,011.32
Special construction charges apply. Engineering and Construction will not begin until the
attached contract is signed by you or your authorized agent. This signed agreement must be
received at the AT&T address shown below before AT&T will proceed with any work.
This quote is only valid for 60 days from the date of this letter.
Payment in full is required within 30 days after the date of the AT&T invoice for the charges
associated with the work performed.
350 of 2591
aw
CUSTOM WORK AGREEMENT
CWO-49170
Project Number: A02K1D5
EXHIBIT B
Page 2 of 5
This Custom Work Agreement ("Agreement") is entered into by and between
BellSouth Telecommunications, LLC. d/b/a AT&T Southeast (hereafter "AT&T") and
CITY OF MIAMI BEACH (Customer).
AT&T and Customer hereby agree to following terms:
1. Tariffs/Guidebooks. This Agreement is subject to and controlled by
the provisions of AT&T's tariffs/guidebooks as applicable and all such revisions
to said documents as maybe made from time to time.
2. Special Construction. This Agreement is for the special construction as
further described on page 1, attached hereto and incorporated herein by this
reference ("Special Construction"). Payment in full based on actual costs is required
within thirty days after AT&T issues an invoice to the Customer for the
Special Construction Charges.
3. Price Quote. The price is guaranteed for 60 days from May 11, 2026 . If the
charges are not accepted within 60 days the request will be canceled and a new request
will need to be placed. The second estimate may be higher than the price that was
originally quoted.
4 Early Termination. Should Customer terminate or cancel this Agreement prior to
the completion of construction, Customer shall remain liable for the Special
Construction Charges. Customer acknowledges and agrees AT&T shall incur substantial
up -front costs in connection with its performance under this Agreement and that
damages in the event of such early termination or cancellation are not readily
ascertainable and that in such event of early termination payment of the Special
Construction Charges is reasonable. Customer further acknowledges and agrees that it
hereby waives any right to contest such payment of the Special Construction Charges
for any reason, including, but not limited to reasonableness of the charges, quality of the
work, or timeliness of the work.
5. Limitation of Liability. AT&T's maximum liability arising in, out of or in any
way connected to this Agreement shall be as set forth in the tariffs and/or guidebooks, as
applicable, and in no event shall exceed Special Construction Charges paid by Customer
to AT&T.
351 of 2591
at&t
EXHIBIT B
Page 3 of 5
6. Changes in Scope of Work. The parties recognize that this is an 'Actual Cost' contract.
"Actual Cost" means that Customer will be provided with a final bill after the completion of
all work and agrees to pay that final bill. The final bill will be calculated based on AT&T's billing
practices and work performed, which Customer agrees to accept. Customer understands
and agrees that the final bill for the Actual Cost may exceed the preliminary cost estimate
that has been provided for this work. Consequently, AT&T is not required to provide the
Customer with prior notice that the Actual Cost has exceeded the preliminary cost estimate
prior to providing the final bill. Further, if the Customer initiates changes in the scope of the
work after AT&T has provided the preliminary cost estimate or after executing this
contract, the above cost estimate and this contract are null and void. A new cost estimate
must be provided based on the new scope of work and a new contract entered. Additionally, if
the contractor bid exceeds the estimated contractor costs the applicant will be responsible for
additional costs and a change order will be issued for customer approval. Work will not
commence until signed change order and additional payment has been received.
7. Changes Due to Field Conditions. In the event there exists any conditions in the field
that differ from those that existed at the time AT&T provided the quote or from the time
the Customer executes the contract, AT&T shall bill and Customer shall pay any additional
cost. Field conditions that may alter the cost associated with this work include, but are not
limited to, conditions that exist below the surface of the ground and could not have been
anticipated at the time of the price quote, above ground barriers, Acts of God affecting the
progress or sequencing of the work, labor disputes and other conditions or circumstances that
AT&T could not have reasonably anticipated at the time the cost estimate was provided.
Differing field conditions are but one example of why the Actual Cost may exceed the
preliminary cost estimate. Further, items that Customer has agreed to provide in
connection with the Special Construction work, such as (but not limited to) providing
conduit and/or handholes, must be suitable to AT&T's purposes. If these items are not
suitable or AT&T is forced to acquire or provide them, it will result in increased costs that
Customer agrees to pay.
8. Customer Obligations. Customer agrees to provide appropriate easements and/or
rights of way, as determined by AT&T, to AT&T for its lines and any facilities necessary
for the Special Construction work. Further, Customer agrees to provide and place
suitable conduit and handholes for AT&T's use in the Special Construction work. Should
Customer not provide these items, Customer understands and agrees that it will result in
increased costs above the estimate provided, which Customer agrees to pay.
9. Time to Complete. Any representation by AT&T, its contractors, or employees that
the project will be complete by a certain date or certain time period is strictly an estimate
and not binding. All estimated completion dates are subject to changing conditions in the
field, changes in the scope of the work, relocation of existing utilities not within AT&T's
control, Acts of God, weather delays, labor disputes, contractor disputes, pandemics
and other conditions or circumstances could not reasonably anticipate at the time of the
estimate.
352 of 2591
at&t
EXHIBIT B
Page 4 of 5
10. Indemnification and Hold Harmless. Both parties, its agents, servants,
and employees hereby agree to indemnify and hold harmless each other, and its
employees, agents and contractors, from and against any and all claims, costs, expenses,
judgments or actions for damage to property or injury or death to persons, and/or arising
from or relating to the work that is the subject of this agreement, to the extent any
such claims are caused by the negligent acts or omissions of each party, its
agents, servants, or employees.
11. Miscellaneous.
A. Counterparts. This Agreement may be executed in one or more counterparts, each
of which when so executed shall be deemed to be an original, but all of which when
taken together shall constitute one and the same instrument.
B. Effect of Waiver. No consent or waiver, express or implied shall be deemed a
consent to or waiver of any other breach of the same or any other covenant,
condition, or duty.
C. Head�in s. The headings, captions, and arrangements used in this Agreement are
for convenience only and shall not affect the interpretation of this Agreement.
D. Interpretation. The parties agree that this Agreement shall not be interpreted in
favor or against either any party. The parties further agree that they entered into
this Agreement after conferring with legal counsel, or after having a reasonable
opportunity to confer with legal counsel.
E. ApRlicable Law. This Agreement shall be governed and interpreted in accordance
with the laws of the state that the work site location is located without regard to
that state conflict of law principles.
F. Attorne s' fees. If either party materially breaches this Agreement and should the
non -breaching party seek to enforce it rights through legal action, the prevailing
party shall recover from the other party all costs and expenses incurred, including,
but not limited to, reasonable attorneys' fees.
G. Authority. The signatories to this Agreement represent and warrant that they are
duly authorized to execute this Agreement.
H. No Precedent. Except for the matters resolved and released herein, this Agreement
is o no va ue and shall not be considered precedent for resolving any dispute that
may arise in the future.
I. Severabilit . Any provision of this Agreement held by a court of competent
jurisdiction to be invalid or unenforceable shall not impair or invalidate the
remainder of this Agreement and the effect thereof shall be confined to the
provision so held to be invalid or unenforceable.
J. Successors and Assigns. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns.
12. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL
EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.
EXCEPT AS PROVIDED HEREIN, THIS AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF
PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES;
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
353 of 2591
at&t
EXHIBIT B
Page 5 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representative on the dates set below. This quote is only valid for 60
days from the date of this letter.
CWO- 49170
Project Number: A02K1D5
Date Quote Expires: 7/11/2026
AT&T Design Engineer: SUSANA HUILLCA sb1148
ACCEPTED FOR CUSTOMER: AT&T CWO Manager Contact Information
David O'Boyle Digitally signed by David O'Boyle
Date 2026 0511 10:05:00-05-00'
Authorized Signature CWO Manager
Title: Phone Number. (414) 553-6871
Company. Email Address: dwl9Sb@att.com
Printed Name: Date: May 11, 2026
Date:
Please send original signed agreement to AT&T CWO 220 Wisconsin Avenue, FLR 2, Waukesha, WI 53186
354 of 2591
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