93-20941 Reso RESOLUTION NO. 93-20941
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE . CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND FLORIDA POWER AND LIGHT COMPANY
(FPL) TO CONVERT THE UTILITIES ON TERMINAL
ISLAND FROM AN OVERHEAD TO AN UNDERGROUND
CONFIGURATION.
WHEREAS, the City wishes to complete the final phase of
placing utilities underground along the MacArthur Causeway; and,
WHEREAS, the attached Agreement between the City and FPL is
for the provision of underground electric distribution facilities
by FPL in place of the existing overhead electric distribution
facilities, as requested by the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND
CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY AND FLORIDA POWER AND LIGHT COMPANY TO CONVERT
ELECTRICAL UTILITIES ON TERMINAL ISLAND TO AN UNDERGROUND
CONFIGURATION.
PASSED and ADOPTED this 20th • =y of October, 993 .
Ada -IA"
1
MAYOR
ATTEST:
aw1/44
CITY CLERK
FORM APPROVED '
LEGAL DEPT.
Date 10- l,a
CITY OF MIAMI BEACH
ea_ .
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5 7-93
TO: Mayor Seymour Gelber and DATE: October 20, 1993
Members of the City Commission
FROM: Roger . -6 0011LA:=._
City Mana.:
SUBJECT: AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE .
AGREEMENTS WITH FLORIDA POWER & LIGHT COMPANY AND
SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY TO CONVERT
UTILITIES UNDERGROUND ON TERMINAL ISLAND
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolutions authorizing the Mayor and the City Clerk to
execute the agreements between the City and Florida Power & Light
Company (FPL) , and between the City and Southern Bell Telephone and
Telegraph Company (Southern Bell) to perform the underground
conversion of utilities on Terminal Island.
BACKGROUND:
The State of Florida, Department of Transportation completed the
conversion of utilities underground along the MacArthur Causeway up
to the Terminal Island area. The Terminal Island conversion is the
final phase of the project for placing all of the utilities
underground along the MacArthur Causeway.
ANALYSIS:
The estimated cost for performing this conversion is $457,500 for •
the electrical conversion and $11,355 for the telephone conversion.
The FPL agreement provides that in the event that the actual cost •
of the project exceeds the estimated $457,500, the City will be
required to pay the difference between the estimated cost and the
actual cost, but this amount cannot exceed 10 percent of the
estimated cost or $47,500-. If the actual cost of this project is
less than the estimated amount, FPL will refund the difference to
the City.
The City is pursuing reimbursement from Dade County in the amount
of $210,589, but has not received a commitment for this funding.
The City is currently negotiating with Island Developers, Ltd. , Sun
Terminal, Inc. , and the United States Coast Guard to participate in
the cost sharing for this undertaking. This cost sharing could
provide up to $134,000 in funding to complete this project. This
means that the City's cost for the total project would be $163,677
which is $86,233 less than the $250,000 which the City originally
anticipated. and committed to be spent.
Although the State was unable to contribute additional funds
directly to the Terminal Island project, Mr. Stan Cann, District
Secretary, Florida Department of Transportation has informed us 1.20
that the State will contribute $200,000 for the Fifth Street
landscape project.
.AGENDA _
ITEM
DATE _2 D_ I,3
Commission Memorandum - October 20, 1993
FPL and Southern Bell Agreements
Page 2
CONCLUSION:
The execution of these agreements is necessary to complete the
underground conversion of utilities along the MacArthur Causeway.
Terminal Island represents a major gateway to the City of Miami
Beach. The MacArthur Causeway landscape project is an elaborate,
$1.5 million beautification project. This landscape project which
is underway will encompass the Terminal Island area.
It is imperative that this underground utility conversion be
completed no later than 90 days from the execution of these
agreements in order to accommodate the final phase of the landscape
project. Further, the convention of international tour operators
(Pow Wow) scheduled for May, 1994 is a major consideration in
expediting the completion of both the utility conversion and the
landscaping.
Should the City Commission accept the Administration's
recommendation and authorize the underground utility project on
Terminal Island to move forward, staff will continue it's efforts
to obtain maximum reimbursement from government and private sector
sources as described above.
RMC:KM
attachment
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121
p
UNDERGROUND FACILITIES CONVERSION AGREEMENT
This Agreement, made and entered into this 27 day of October 1g 93 by and between the City of Miami
Beach (hereinafter called the Applicant) and FLORIDA POWER&LIGHT COMPANY (hereinafter called FPL) •
is for the provision of underground electric distribution facilities by FPL in place of existing overhead electric
distribution facilities pursuant to the Applicant's request for such facilities. in consideration of the premises,
covenants and agreements set forth herein, FPL and the Applicant agree as follows:
1. The Applicant shall pay FPL a Contribution in Aid of Construction (CIAC) In the amount of$457,500.
2. In the event the actual cost of the project specified herein exceeds the CIAC paid by the Applicant,then
the Applicant shall pay an additional contribution equal to the lesser of: (a) the difference between the actual
cost and the CIAC identified In Paragraph I, or (b) 10% of the CIAC identified In Paragraph 1.
3. The Applicant shall provide FPL all easements, ready for recording, specified as necessary by FPL in
Attachment B hereof, to accommodate the requested underground facilities.
4. The Applicant shall pay the CiAC identified in Paragraph 1 and provide FPL the easements as required
in Paragraph 3 no later than 180 days from the date first written above. Failure to pay the CIAC and provide
the easements in the time frame specified shall result in termination of this agreement. FPL will not start
construction until the CIAC amount identified in Paragraph 1 has been paid and the easement requirements
of Paragraph 2 have been compiled with.
5. The Applicant shall be responsible for the costs associated with any necessary modifications to the
service facilities of customers affected by the conversion of FPL distribution facilities. The Applicant shall
be responsible for arranging the conversion of affected overhead customer service facilities by providing.
at no cost to FPL:
(a) any necessary rearranging of the customer's existing electric service entrance facilities
to accommodate an underground service lateral through the use of a licensed electrical
contractor, in accordance with all local ordinances, codes, and FPL specifications; and
(b) a suitable trench, perform the backfdiing and any landscape, pavement or other similar
repairs and install conduit and cable to a point designated by FPL
in the event a customer does not allow the Applicant to convert the customer's affected overhead services,
or the Applicant fails to comply with the above requirements in a timely manner consistent with FPL's
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FPL-Miami Beach
Conversion Agreement
Page 2
conversion construction schedule, then the Applicant shall pay FPL the costs associated with maintaining
service to said customer through an overhead service drop. The cost for maintaining an overhead service
drop shall be $789 per service drop.
6. The Applicant further agrees to the following:
(a) The Applicant shall be responsible for ail restoration of, repair of, or
compensation for, property affected, damaged, or destroyed, to
accommodate the installation of underground distribution facilities and the
removal of FPL's overhead distribution facilities:
(b) the Applicant shall Indemnify FPL from any claim, suit, or other
proceeding,which seeks the restoration, or repair of.or compensation for,
property affected, damaged, or destroyed, to remove existing facilities or
to accommodate the installation of underground distribution facilities
arising from or brought as a result of the installation of underground
distribution facilities, provided, however, that Applicant shall not indemnify
FPL for property affected, damaged, or destroyed. by FPL by accident or
otherwise, which was not necessary to remove existing facilities or to
`accommodate the installation of underground distribution facilities:
(C) the Applicant shall clear the easements provided to FPL of trees, tree
stumps and other obstructions that conflict with construction or Installation
of underground distribution facilities in a timely manner consistent with
FPL's construction schedule.
7. The Applicant shall execute an agreement with Southern Bell for the simultaneous conversion of Southern
Bell's facilities and provide FPL with an executed copy of the Agreement. Said agreement shall specifically
acknowledge that the affected pole licensee.Southern Bell,will coordinate its conversion with FPL In a timely
manner so,as to not create unnecessary delays. Failure to present to FPL an executed copy of the
Applicant's agreement with Southern Bell within 180 days from the date first written above shall result in the _
expiration of the binding cost estimate, the return of any CIAC paid, and the termination of this agreement.
8. An underground distribution system will be provided by FPL In accordance with FPL's current design and
construction standards. FPL will design, install, own, and maintain the electric distribution facilities up to
the designated point of delivery, except as otherwise noted herein.
9. Upon payment of the CIAC specified in paragraph 1 above and the Applicant's compliance with the
requirements, terms; and conditions specified herein, FPL will proceed in a timely manner with the
conversion of the existing overhead distribution facilities to an underground configuration in accordance with
the construction drawings and specifications set forth in Attachment A hereof.
10. Failure by the Applicant to comply with any of the requirements, terms,or conditions of this agreement
shall result in termination of this agreement. The Applicant may terminate this agreement at any time prior
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FPL•Miami Beach
. Conversion Agreement
Page 3 ,
to the start of construction and the CIAC paid by the Applicant will be refunded to the Applicant, provided
however, that the refund of the CIAO shall be offset by any costs incurred by FPL in performing under the
agreement up to the date of termination.
11. Whatever terms or conditions may have been discussed during the negotiations leading up to the
execution of this Agreement, the only ones agreed upon are those set forth herein: and no.alteration,
modification,enlargement or supplement to this Agreement shall be binding upon either of the parties hereto
unless the same shall be in writing, and signed by both parties.
12. This agreement is not assignable.
IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of
uridergrou d electric distribution facilities to be effective as of the date first above written.
APPL jNT FPL
By: 11. By: hICLIW, )q4d
(Signature (Signature)
Se l o Gelber MN I&- Sack s
(Print IF) (Print name)
Mayor M I o.iw�,j Av' & ti4a„,y
(Title) (Title)
ATTEST:
Richard E. Brown City Clerk FORM ORM APPROVED
E
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Date ' .13
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