Resolution 2020-31255 RESOLUTION NO. 2020-31255
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF UTILITY
RELOCATION SERVICES FROM FLORIDA POWER AND LIGHT (FPL), AS A
SOLE SOURCE PURCHASE PURSUANT TO SECTION 2.367(d) OF THE
MIAMI BEACH CITY CODE, FOR THE RELOCATION OF OVERHEAD
TRANSMISSION LINES AND ASSOCIATED POWER POLES AT THE
EXISTING CITY OWNED PARKING LOT (P92), ALLOWING FOR MORE
DESIGN FLEXIBILITY AND EFFICIENCY AT THE FUTURE 72ND STREET
COMMUNITY COMPLEX, LOCATED BETWEEN 72 STREET AND 73
STREET, AND BETWEEN COLLINS AVENUE AND HARDING AVENUE, IN
THE AMOUNT OF $849,765.13, WITH PREVIOUSLY APPROPRIATED
FUNDING, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY
TO FINALIZE THE FACILITIES RELOCATION AGREEMENT, AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
FACILITIES RELOCATION AGREEMENT WITH FPL.
WHEREAS, on July 31, 2019, the Mayor and City Commission, via Resolution 2019-
30933, directed staff to proceed with a feasibility study and to begin the preparation of the Design
Criteria Package for the 72nd Street Community Center Project (the "Project"), located at 263-
299 72nd Street, the site that is currently used as City Parking Lot 92; and
WHEREAS, the Administration and the design criteria professional for the Project,
Desman, Inc. (the "Design Criteria Professional"), have met with the Project's stakeholders to
discuss and refine Project requirements; and
WHEREAS, existing overhead FPL transmission lines currently bi-sect the site, supported
by utility poles located within the parking lot; and
WHEREAS, the feasibility study reviewed options for relocating the transmission lines,
and determined that a relocation of the power lines would provide the eventual design-builder with
more design flexibility in the location of the structures, and may lead to increased efficiency and
creativity of design; and
WHEREAS, City staff met with FPL to discuss the relocation of the FPL transmission
lines, and FPL provided a non-binding preliminary estimate with two (2) options; and
WHEREAS, the first option assumed a commitment by the City after November 1, 2019,
at a cost of$1,583,600, with the FPL construction work taking place in 2021; and
WHEREAS, the second option assumed a commitment prior to November 1, 2019, the
estimated cost for this option at $1,028,600, saving the City $555,000 through reductions in
FPL planned system hardening, with FPL construction commencing in September 2020; and
WHEREAS, in addition, FPL had provided an alternative which proposed undergrounding
the overhead lines, but FPL cannot, at this time, provide a budget or construction timeline, as it
would require additional engineering; however, FPL estimated that the underground alternative
has a cost range of ten to fifteen times greater than the non-binding cost options for above ground
relocation; and
WHEREAS, the Administration ultimately decided to proceed with the second option
identified above, with an estimated cost of $1,028,600, resulting in savings in the estimated
amount of $555,000 through reductions in FPL planned system hardening, with FPL's
construction commencing in September 2020; and
WHEREAS, subsequent to the Administration's initial meetings with FPL, and FPL's
preparation of a non-binding cost estimate, the City Commission, on October 16, 2019, approved
Resolution 2019-31048, authorizing the sole source purchase for the preparation of a detailed
Design and Binding Estimate, by FPL, for the relocation of the overhead transmission lines and
associated power poles, in the amount of $154,180.00; and
WHEREAS, City staff has met with FPL on several occasions, including during the
exploratory (soft dig) site investigation work, and had multiple conversations regarding the
proposed transmission power pole location and routing of the overhead power lines; and
WHEREAS, the overhead transmission lines and associated power poles will be rerouted,
generally along the property line, in a westerly direction from its current location along 72nd Street
then north on Harding Avenue to 73rd Street, then east along 73rd Street and tying into the
existing lines in the alleyway on the north side of 73rd Street; and
WHEREAS, FPL has completed their due diligence, engineering and design, and has
provided the Administration with a Facilities Relocation Agreement; and
WHEREAS, the Facilities Relocation Agreement provides a detailed cost proposal for the
relocation of the overhead transmission lines and associated power poles in the amount of
$849,765.13; and
WHEREAS, FPL requires the execution of the Facilities Relocation Agreement and
payment by July 1, 2020, prior to commencing the work, and the work is scheduled to be
completed by the end of this year;
WHEREAS, the Administration recommends authorizing the City Attorney and the City
Manager to finalize the Facilities Relocation Agreement with FPL in the amount of $849,765.13,
with previously appropriated funding, and further recommends authorizing the execution of the
Facilities Relocation Agreement.
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 authorizes the purchase of utility relocation services from Florida Power and
Light (FPL), as a sole source purchase pursuant to Section 2.367(d) of the Miami Beach City
Code, for the relocation of overhead transmission lines and associated power poles at the existing
City owned Parking Lot(P92), allowing for more design flexibility and efficiency at the future 72nd
Street Community Complex, located between 72 Street and 73 Street, and between Collins
Avenue and Harding Avenue, in the amount of$849,765.13, with previously appropriated funding,
and authorizing the City Manager and City Attorney to finalize the Facilities Relocation Agreement
with FPL, and further authorizing the City Manager and City Clerk to Execute the Facilities
Relocation Agreement with FPL. �
PASSED and ADOPTED this /-3 day of P74y , 2020.
' �' 1� <Dan Gelber, Mayor
' '
ATTEST:
(INCORP ORATED:
' .. , h APPROVED AS TO
9n 3.. ;`�_ FORM & LANGUAGE
"c�f �6 & FOR EXECUTION
Rafael E. ranado, City Clerk 1-Z ow I (;w.1 5/7/Z Cf
City Attorney Date
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 13, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE
PURCHASE PURSUANT TO SECTION 2.367 (D) OF THE MIAMI BEACH
CITY CODE, THE PURCHASE OF UTILITY SERVICES FROM FLORIDA
POWER AND LIGHT (FPL), FOR THE RELOCATION OF OVERHEAD
TRANSMISSION LINES AND ASSOCIATED POWER POLES AT THE
EXISTING CITY OWNED PARKING LOT (P92) (THE FUTURE LOCATION
OF THE 72ND STREET COMMUNITY COMPLEX) LOCATED BETWEEN 72
STREET AND 73 STREET, AND BETWEEN COLLINS AVENUE AND
HARDING AVENUE, IN THE AMOUNT OF $849,765.13, WITH PREVIOUSLY
APPROPRIATED FUNDING AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FACILITIES
RELOCATION AGREEMENT WITH FPL SUBJECT TO FORM APPROVAL
BY THE CITY ATTORNEY
BACKGROUND/HISTORY
On July 31, 2019 The City Commission directed city staff to proceed with the completion of the
feasibility study and commenced the preparation of the Design Criteria Package (DCP) for the
72nd Street Community Complex project planned to be constructed at the existing city owned
parking lot (P92), located between 72 Street and 73 Street, and between Collins Avenue and
Harding Avenue. To that end, City staff and the design criteria professional have met with
project stakeholders to discuss and refine project requirements.
Existing overhead FPL transmission lines currently bi-sect the site of the future 72nd Street
Community Complex (Attachment A). These lines are supported by utility poles located within
the existing parking lot, and cross 72 and 73 street.
During the development of the DCP, the consultant evaluated the option of relocating the
transmission lines and determined that this would provide the eventual design-builder with more
design flexibility in the siting of the structures and increased efficiency of design. This in turn will
allow the design-build firms greater design creativity, and the opportunity to develop unique
solutions which may more cohesively address the project site. Subsequent to meetings with
FPL and their preparation of a non-binding cost estimate, the City Commission, on October 16,
Page 47 of 865
2019, approved Resolution 2019-31048 authoring the sole source purchase for the preparation
of a detailed Design and Binding estimate, by FPL, for the relocation of the overhead
transmission lines and associated power poles in the amount of $154,180.00.
ANALYSIS
City staff has met with FPL on several occasions, including during the exploratory (soft dig) site
investigation work, and has had multiple conversations regarding the proposed transmission
power pole location and routing of the overhead power lines. It was determined that the
overhead transmission lines and associated power poles will be rerouted, generally along the
property line, in a westerly direction from its current location along 72nd Street then north on
Harding Avenue to 73rd Street, then east along 73rd Street and tying into the existing lines in
the alleyway on the north side of 73rd Street.
FPL has completed their due diligence, engineering and design, and has provided the Facilities
Relocation Agreement (FRA) (Attachment B). The FRA provides a detailed cost proposal for
the relocation of the overhead transmission lines and associated power poles in the amount of
$849,765.13.
FPL requires the execution of the agreement and payment by July 1, 2020, prior to
commencing the work. The work is scheduled to be completed by the end of this year.
Account(s) 391-0820- Amount(s) $849,765.13
061357-26-
410-546-00-
00-00-21719
CONCLUSION
The Administration recommends that the City Commission approve the resolution.
Applicable Area
North Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes Yes
Strategic Connection
Neighborhoods - Enhance the beautification, physical appearance and cleanliness of
neighborhoods.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Attachment A
Page 48 of 865
❑ Attachment B
❑ Resolution
Page 49 of 865
LOCATION SKETCH
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Attachment B
FPL
April 24, 2020
Mr. David Martinez, P.E.
Director of Capital Improvement Projects
City of Miami Beach, CIP
1701 Meridian Ave CMB CIP Office 3rd Floor
Miami Beach, FL
RE: Proposed Relocation of Transmission Facilities:
INDIAN CREEK-NORMANDY BEACH 69kV 17B17 to 17B20
Dear Mr. Martinez,
We at FPL appreciate the opportunity to work with you on the aforementioned transmission relocation
project. The cost estimates for the electric service you have requested is completed and the amount has
been determined as follows:
Cost
Transmission relocation +$836,620.94
Additional 20% contingency +$167,324.19
Engineering deposit received - $154,180.00
Remaining Balance Due +$849,765.13
Please note, as discussed with your staff during our project follow up meetings, the scope of work
includes only transmission facilities and the City of Miami Beach needs to coordinate all related
distribution work with our distribution department.
The relocation amount quoted above is valid from the date of this letter for a period of three(3) months.
To facilitate our ability to meet your desired construction schedule, secure the material for the project
and schedule the work with our construction department, we would appreciate receiving your payment
and the execution of the replacement easement by 07/01/2020.
Sincerely,
TZe
Roberto Cruz, P.E.
Transmission Engineering Lead
Office: 561.904.3662
Florida Power&Light Company
700 Universe Boulevard,TS4/JW.Juno Beach.FL 3340
Page 51 of 865
Estimate Valid Through: Oct 24,2020 Florida Power&Light Company Estimate Printed On: Apr 24,2020 9:57:04
Project Description Summary Estimate of Cost
Dedicated Feeder-Substation work Project Level Project Name: CUS SOUTH
Work Order T09999-009-0988-00,
List(max 6)
Line No Salvage Removal Item Item Cost Total
6 (A)ENGINEERING
7 Labor
8 *Additives of Labor
9 Transportation
10 Applied Engineering $60,000.00
11 Contractor&Misc. Expenses
12 'Additives of Contractor/Misc.Expenses
13 Sub-total $60,000.00 $60,000.00
14
15 (B)LAND&LAND RIGHTS(RIGHT OF WAY)
16 Labor
17 *Additives of Labor
18 Transportation Expenses
19 Purchase and/or Easements
20 Contractor&Misc.Expenses
21 •Additives of Contractor&Misc.Expenses
22 Sub-total
23
24 (C)CONSTRUCTION
25 Labor $29,324.99
26 'Additives of Labor
27 Transportation Expenses $14,544.49
28 Material $163,862.68
29 *Stores Loading $16,424.12
30 Contractor&Misc.Expenses $394,825.32
31 'Additives of Contractor&Misc. Expenses
32 Sub-total $618,981.60 $618,981.60
33
34 (D)OTHER-MAINTENANCE
35 Labor
36 'Additives of Labor
37 Transportation Expenses
38 Material
39 *Stores Handling
40 Contractor&Misc.Expenses
41 •Additives of Contractor&Misc.Expenses
42 Sub-total
43
44 (E)ADMINISTRATIVE&GENERAL COSTS
45 Administrative&General Costs $157,639 34
46 Sub-total $157,639.34 $157,639.34
47
48 $0.00 $0.00 GRAND TOTAL $836,620.94 $836,620.94
49 TOTAL INSTALLATION AND MAINTENANCE COST $836,620.94
50 TOTAL REMOVAL COST $0.00
51 SALVAGE 0 LESS SALVAGE ADJUSTMENT(FACILITIES NOT REPLACED) $0.00
52 SUB-TOTAL $836,620.94
53 CREDIT#/$.##% (FROM AGREEMENT) $0.00
54 NET REPLACEMENT COST(Sum lines 52 and 53) $836,620.94
•Handling,Tax&Insurance and Pension&Welfare at Approved Rates
Engineer: Submitted By:
Michael Foley
Page 1 of 1
Page 52 of 865
Bill Page 1 FPL Reimb-3104
FACILITIES RELOCATION AGREEMENT
(FPL —TRANSMISSION)
THIS FACILITIES RELOCATION AGREEMENT ("Agreement") is made and entered into this 24' day of April, 2020,
by and between the City of Miami Beach CIP ("Applicant"), with address at 1701 Meridian Avenue CMB CIP Office,
3'd Floor, Miami Beach, FL 33139 and FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("FPL"), with
its principal place of business at 700 Universe Boulevard, Juno Beach, Florida 33408. Applicant and FPL are
sometimes hereinafter individually referred to as a "Parry" and collectively as the"Parties."
WITNESSETH:
WHEREAS, Applicant intends to construct the 72" Street Municipal Complex and will require the relocation of
certain incompatible and conflicting portions of FPL's facilities and equipment: and
WHEREAS FPL will incur costs in the relocation of such FPL's facilities and equipment, which costs would not have
occurred but for Applicant's construction.
NOW THEREFORE, in consideration of the mutual promises of Applicant and FPL, and other good and valuable
consideration, the receipt of sufficiency of which is hereby acknowledged by the Parties, the Parties agree that FPL
shall relocate the FPL facilities and equipment and Applicant shall reimburse FPL for the actual cost of such
relocation as follows:
ARTICLE 1 — DEFINITIONS
For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the
meanings set forth below when used with capitalization:
1.1 Date Cost Estimate Received means the day that the cost estimate was hand-delivered or transmitted by
facsimile, or if mailed, five (5) days from the date of postmark.
1.2 FPL Facilities means, but shall not be limited to, any structure consisting of manholes, conduits, poles, wires,
cables, substations, system protection equipment or other appurtenances, and associated equipment, and
used by FPL in connection with the transmission and/or distribution of electric power.
1.3 Relocation and/or Relocate means the work performed by FPL under this Agreement and any activity made
necessary by Applicant's construction which conflicts with or affects FPL, any FPL Facilities, or service,
including any work associated with the Transmission Line Clearance. Relocation shall include, but shall not be
limited to, permanent or temporary support, protection, relocation, rearrangement, design, redesign.
abandonment or reconstruction of the FPL Facilities and all other work required to provide continuity of service
to FPL's customers which is a result of a conflict.
1.4 Replacement FPL Facilities means any FPL Facilities which will be constructed under the terms of this
Agreement as a consequence of Relocation of any FPL Facilities or portion thereof.
1.5 Transmission Line Clearance (FPL Facilities de-energization) means a de-energization of FPL Facilities
following a review performed by an FPL system operator to ensure the FPL Facilities de-energization does not
compromise FPL's power system reliability.
ARTICLE II - IDENTIFICATION OF CONFLICTS
2.1 Known Conflicts. Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities
more particularly described and located on the real property described on Exhibit A attached hereto and
incorporated herein by this reference ("Property").
Page $30bb 865
2.2 Other Conflicts. The identification of any other conflicting FPL Facilities requiring Relocation shall be
undertaken by FPL pursuant to a subsequent written agreement between FPL and Applicant.
ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FPL FACILITIES
3,1 Design Standards. Engineering design standards and material specified shall meet FPL's current design
standards. In addition, the design of the Relocation will be in conformity with all laws, codes and regulations.
3.2 Construction Standards. Materials and construction procedures shall meet FPL's current construction
standards. In addition, any Relocation or Replacement FPL Facilities will be accomplished in conformance
with all laws, codes and regulations.
ARTICLE IV - REPLACEMENT RIGHT-OF-WAY
4.1 Replacement Right-of-Way. Applicant shall provide FPL with replacement rights-of-way in one of the following
manners:
(a) Applicant shall reimburse FPL for all costs associated with the identification and acquisition of
replacement rights-of-way, including, but not limited to, FPL's attorney fees for costs in prosecuting or
in connection with any condemnation actions for the acquisition of necessary rights-of-way.
X (b)Applicant shall convey or grant to FPL replacement rights-of-way sufficient to permit FPL to accomplish
Relocation of the FPL Facilities and to operate and maintain the Replacement FPL Facilities in
accordance with FPL's customary practices. Such conveyances or grants of replacement rights-of-
way shall be accomplished at no cost to FPL and in form and substance satisfactory to FPL in its
sole discretion.
4.2 Location of Replacement Right-of-Way. The location of the aforesaid replacement rights-of-way are generally
set forth in Exhibit B attached hereto, and shall be within the Property where conflicts are identified due to the
Relocation.
ARTICLE V -COST ESTIMATES, CREDITS AND BILLING
5.1 Full Cost. Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities. The Relocation work to
be performed by FPL will be in accordance with the construction drawings attached hereto as Exhibit B.
5.2 Cost Estimate. Applicant shall be responsible for paying FPL 120% of the total cost estimate for the
Relocation prior to FPL commencing any work hereunder. The estimated cost to Relocate the FPL Facilities is
as below:
Relocation: $836,620.94. This cost estimate is set out in detail in Exhibit C attached hereto.
Additional 20% of the cost estimate: $167,324.19.
Engineering deposit received: $154,180.00.
Balance due: $849,765.13.
Applicant to provide payment in full for this amount to FPL along with two (2) signed copies of this Agreement.
Applicant understands and agrees that the amount set forth in Exhibit C is an estimate only. Applicant shall
be responsible for the total cost of the Relocation; provided, however, the cost for the Relocation shall not
exceed 120% of a valid Relocation cost estimate based upon an actual labor bid, except as otherwise provided
herein.
5.3 Duration of Cost Estimate.
Page 84bil 865
The cost estimate referenced in Section 5.2 above is valid for ninety (90) days from the date the cost estimate
is delivered to Applicant (this includes the cost estimate attached as Exhibit C and any subsequent cost
estimate), subject to the terms and conditions set forth in Section 5.4 below.
5.4 Re-estimates, Scope of Work Changes. Transmission Line Clearance Cancellation.
5.4.1 Pre-construction. If the construction of the Relocation of the FPL Facilities has not
commenced within one hundred eighty (180) days of the date that the latest cost estimate was delivered
to Applicant, or if Applicant requests a change in the Relocation scope of work on any individual work
order prior to FPL commencing any Relocation work construction, such cost estimate is invalid and a
new cost estimate shall be required, whereupon FPL shall provide a re-estimate of the Relocation work
prior to commencement of the Relocation by FPL. Applicant must agree in writing to pay the re-
estimated cost and shall be responsible for the full cost of Relocation, not to exceed 120% of the re-
estimate, except as expressly set forth otherwise herein.
5.4.2 After Start of Construction. If after FPL starts Relocation construction any of the following
occurs: (a) Applicant requests a change in the Relocation scope of work of FPL Facilities; (b) FPL
determines that there is a need for a change in the Relocation scope of work and such change causes
the reimbursable cost of the Relocation to change by 20% or more; or(c)there is an increase in costs
due to unknown or unforeseen physical conditions at the site which differ materially from those originally
encountered; FPL shall provide Applicant with a new cost estimate as soon as practicable, and
Applicant shall pay any increased costs in the revised cost estimate, plus 20% thereof, to FPL within
thirty (30) days after receipt of the revised cost estimate.
5.4.3 Transmission Line Clearance Availability and/or Cancellation. Applicant understands and agrees
that the Relocation requires the de-energization of FPL Facilities in order to perform the Relocation work
hereunder. In the event the FPL system operator considers the FPL power system is at risk, then FPL,
in FPL's sole discretion, may cancel, limit and/or reschedule the approved FPL Facilities de-
energization at any time, whereupon Applicant, at Applicant's sole cost and expense, shall be
responsible for the entire cost: (i) to compensate the line contractor at its stand by rate for a minimum
of eight (8) crew hours per day for each day; and/or (ii) to demobilize its crew, until the new date the
Transmission Line Clearance has been obtained and the FPL Facilities have been de-energized. Such
transmission line clearance cancellation costs (or restriction for limited hours or night work) shall will be
added to the total cost of the Relocation to be paid by Applicant, and shall not be subject to the limits
set forth in Sections 5.4.1 and 5.4.2 above.
5.5 Credits.
5.5.1 Applicant shall receive a credit for the payment of any non-refundable deposit required for the
design, engineering, and estimating of the Relocation of FPL Facilities (as set forth above in Section
5_2).
5.5.2 Applicant shall receive a credit for payment made to FPL hereunder, if payment is received by
FPL prior to issuing a detailed cost estimate and if this Agreement has been entered into within ninety
(90) days of the date that estimate was delivered to Applicant and the Relocation performed.
5.5.3 Applicant shall receive no credit for payment hereunder, and such payment shall not be
refunded: (a) if Applicant has not executed this Agreement within ninety (90)days of the date a detailed
cost estimate was received by Applicant, (b) if a subsequent cost estimate is required and not paid,
plus an additional 20% of any increased cost thereof, within thirty (30) days of the date Applicant
receives the new cost estivate; or(c) if Applicant terminates this Agreement.
5.5.4 Any cost estimate provided to Applicant after the initial detailed cost estimate shall be done at
additional cost and expense to Applicant. Applicant's payment for cost estimates shall be credited or
retained by FPL as provided above.
Page 3aDb 865
5.6 Billing and Payment. Prior to the commencement of any Relocation of FPL Facilities under this Agreement,
Applicant shall pay in advance the full estimated cost of such Relocation per Sections 5.2 and 5.4.2 and 5.4.3
above.
5.7 Final Bill. Upon completion of the Relocation, FPL shall at the earliest date practicable furnish to Applicant a
final billing of all outstanding costs, including any overhead costs, incurred in connection with performance of
Relocation of the FPL Facilities less any prepaid credits for additional cost estimates. Applicant shall have
thirty (30) days from the date of an invoice to approve and pay the invoice. Failure to provide FPL with written
notice to the contrary within the thirty (30) day period shall constitute approval by Applicant of the invoice
against which payment must be remitted in full to FPL within thirty (30) days of the date of the invoice. If
payment by Applicant is not postmarked within thirty (30) days of the date of the invoice. then a late payment
charge shall be assessed in the amount of one and one-half percent (11/2%) of the amount of the billing per
month, charged on a daily basis or highest interest allowable under law.
5.8 Refund and Effect of Termination.
5.8.1 Consistent with the terms of this Agreement, FPL shall refund to Applicant any amounts which
Applicant has paid to FPL beyond the full cost of Relocation including any overhead costs.
5.8,2 In the event that this Agreement is terminated due to the cancellation or indefinite suspension of
work in furtherance of Applicant's construction, Applicant shall be responsible for the costs of
Relocation already incurred, including but not limited to all engineering, design, equipment, and
materials cost, labor costs, and if any, the costs of Replacement FPL Facilities already installed,
necessary to place any FPL Facilities into a permanent condition suitable to provide continuous, reliable
electric service to the public in accordance with all applicable laws, regulations and FPL's usual
practices as set forth in Article III herein. Nothing in this section shall be construed to modify or
abrogate FPL's legal duty to mitigate damages.
ARTICLE VI — INSPECTIONS
6.0 Inspections. All cost records and accounts of FPL directly related to the Relocation work performed under this
Agreement shall be subject to inspection by Applicant for a period of one (1) year from the completion date of
all Relocation work performed under this Agreement. Such inspections shall be performed by Applicant and in
accordance with the following considerations:
(a) Applicant shall provide FPL with thirty (30) days written notice requesting an inspection;
(b) The specific time of inspection must be mutually agreed to;
(c) Information required for inspection purposes shall be accounts and records kept by FPL directly related to
Relocation and reimbursable costs;
(d) Applicant may request only information reasonably required by it concerning Relocation and such request
for information shall be in writing and shall include the purpose of the inspection;
(e) FPL shall make available the requested information at its offices during normal business hours, Monday
• through Friday;
(0 Applicant shall bear any costs associated with any inspections, including FPL costs, if any; and
(g) Information available under this Agreement shall not be used in violation of any law or regulation.
FPL shall quote a deposit amount when such a request for inspection is made which Applicant shall pay in
advance.
ARTICLE VII -GENERAL CONDITIONS
7.1 Benefit of Agreement; Assignment. The provisions of this Agreement shall inure to the benefit of and bind the
successors and assigns of the Parties to this Agreement but shall not inure to the benefit of any third party or
other person. This Agreement shall not be assigned by either Party except upon receipt of the prior written
permission of the other Party. Such permission shall not be unreasonably withheld.
Page 469b$865
7.2 Non-waiver. The failure of either Party at any time to require performance by the other Party of any provision
hereof shall not affect the full right to require such performance at any time thereafter. Waiver by either Party of
a breach of the same provision or any other provision shall not constitute a waiver of the provision itself.
7.3 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 underutilization 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.
7.4 Indemnification. 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 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. If the
liability arises out of a claim made by an employee of Applicant, its contractors or assigns, Applicant shall
indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL
Entities. Applicant's obligation to protect, defend and hold FPL Entities free and unharmed against such
liabilities shall extend up to, but shall not exceed the sum of$3,000,000 combined single limit for injuries to or
death of person(s) or damage to existing property arising out of a single occurrence, except in the event
Applicant is insured for liability with limits in excess of$3,000,000 combined single limit for injuries to or death
of person(s) or property arising out of a single occurrence, Applicant's said obligations shall extend up to but
shall not exceed the limits of that insurance. Applicant's costs of defending FPL Entities, including Applicant's
attorneys' fees, are excluded from and are in addition to the aforesaid limitation of liability for injury, death and
property damage.
7.5 Insurance. If Applicant utilizes its own personnel in the construction or maintenance work around the FPL
Facilities, 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, Applicant shall cause FPL, its parent, subsidiaries and affiliates and their
respective officers, directors and employees to be named as additional named insured on 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$3,000,000 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 Agreement or such other date as to protect the interest of FPL and the coverage shall survive the
termination of this Agreement until the 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 on an "occurrence" basis,
such insurance shall be maintained by 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.
Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance
industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by
FPL upon reasonable request.
7.6 Contractor Indemnification. Applicant further agrees to include the following indemnification in all contracts
between 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 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 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
Page 5Ab$865
up to but shall not exceed the sum of $3,000,000.00 for bodily injury or death of person(s) or property
damage combined single limit and $5,000,000 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."
7.7 Contractor Insurance and Notice. 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.
Applicant shall provide FPL's Risk Management Department with notice of the name and address of Applicant's
contractors as specified in Section 7.6 above, prior to the commencement of the Relocation of FPL Facilities
by FPL.
7.8 Modification or Termination of Agreement. This Agreement may be modified, amended, or terminated at any
time by written agreement of the Parties authorized and executed with the same formality as this Agreement.
7.9 Effect of Headings. The headings set forth herein are for convenience only and shall not be deemed to modify
or affect the rights and obligations of the Parties to this Agreement.
7.10 FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the extent necessary to
eliminate conflicts with Applicant's construction in accordance with the terms and conditions of this Agreement.
Applicant, at no expense to FPL, shall make all necessary arrangements and agreements with any person or
entity which has facilities attached to the FPL poles for the relocation of those facilities.
7.11 Delegation of Power and Duties Notice. The following persons are designated as the authorized representatives
of the Parties for the purposes of this Agreement and all notices or other communications to either Party by the
other shall be made in writing and addressed as follows:
To Applicant: _
(Name and Title)
With Copies to:
To FPL: Jose Coto
General Manager of Engineering
Florida Power& Light Company
700 Universe Boulevard, TS3/JW
Juno Beach, FL 33408
7.12 Notification of FPL Facilities, Form 360. 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 Facilities. Applicant acknowledges and agrees that he has read and will comply with the Notification of
FPL Facilities attached hereto. Applicant shall sign and return two (2) copies of the attached Notification of FPL
Facilities along with two (2) signed copies of this Agreement.
Page 680b$865
7.13 Force Majeure.
(a) Neither Party shall be liable or responsible for any delay in the performance of, or the ability to perform, any
duty or obligation required by this Agreement in the event of a Force Majeure occurrence. Such
occurrence shall include, but shall not be limited to acts of civil or military authority (including courts or
administrative agencies), acts of God, war, not, or insurrection, inability to obtain required permits or
licenses, blockades, embargoes, sabotage, epidemics, fires, unusually severe floods or weather(anywhere
in the United States where FPL utility workers and contractors support restoration), strikes, lockouts or
other labor disputes or difficulties. The obligation of either Party to pay money in a timely manner is
absolute and shall not be subject to the Force Majeure provisions. "Force Majeure" as used herein
means, without limitation, any cause or event not reasonably within the control of FPL or Applicant.
(b) In the event of any delay resulting from a Force Majeure circumstance, the time for performance hereunder
shall be extended for a period of time reasonably necessary to overcome the effect of such delays.
(c) In the event of any delay or nonperformance caused by a Force Majeure circumstance, the Party affected
shall promptly notify the other in writing.
7.14 Severability. In the event that any of the provisions or portions or applications thereof of this Agreement are
held to be unenforceable or invalid by any court of competent jurisdiction, Applicant and FPL shall negotiate an
equitable adjustment in the affected provisions of this Agreement. The validity and enforceability of the
remaining independent provisions shall not be affected.
7.15 Effective Date. This Agreement shall become effective upon execution by the Parties and shall continue in
effect until completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in
accordance with this Agreement.
7.16 Complete Agreement. This Agreement shall be signed by the authorized representatives of both Parties and
constitutes the final written expression of all the terms of the agreement between the Parties and is a complete
and exclusive statement of those terms. Any and all prior or contemporaneous course of dealing,
representations, promises, warranties or statements by the Parties or their agents, employees, or
representatives that differ in any way from the terms of this written Agreement shall be given no force or effect.
[Signatures appear on following page.]
Page B3Db13865
IN WITNESS WHEREOF, the Parties have executed this Agreement, to be effective as of the date first above
written.
APPLICANT: FLORIDA POWER& LIGHT COMPANY:
By: By: Jose Coto.
Title: Title: General Manager of Engineering
Date: Date:
Attest:
(Seal)Title
Page Beate 865
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(NOTE' ALL STUB POLES,SPAN GUYS AND ANCHORS TO NOTE:UNDERGROUND UTILITIES WILL BE LOCATED PRIOR TO CONSTRUCTION
BE REMOVED WHERE APPLICABLE.
LEGEND LOCATION/CITY:MIAMI BEACH FPL IOU: T00000022308
— —
R/W RIGHT-OF-WAY ( - ANCHOR I 1 ��--_ I CITY R/W COUNTY FDEP FOOT FAA COUNTY:MIAMI-DADE
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• 'EXISTING TX SPUN CONCRETE POLE INSTALL 7 NEW SIRS SPC POLES
ALL POLE LOCATIONS WILL COMPLY
• EXISTING TX CONCRETE POLE ♦ - —P NEW CONDUCTOR LINE WITH ADA REQUIREMENTS FOR
• EXISTING TX WOOL)POLL 0-- EXIBBg80EDkalfION WOOD POLE WHEEL CHAIR ACCESS. ❑ 230kV 0 500kV 0 CONTAMINATION ENG.ROBERTO CRUZ DATE:3/13/2020
SCALE: N.T.S. DRAWN BY:D.CA MACHO DWG# 1 OF 1