HomeMy WebLinkAboutR-02-0256J-02-198
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RESOLUTION NO. 02— 256
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORMS, WITH
FLORIDA POWER & LIGHT COMPANY FOR THE
OVERHEAD TO UNDERGROUND CONVERSIONS OF
ELECTRIC DISTRIBUTION FACILITIES ALONG
(1) NORTHWEST _9 TI STREET FROM NORTHWEST 3"
AVENUE TO NORTHWEST 2ND AVENUE, MIAMI,
FLORIDA, IN AN AMOUNT NOT TO EXCEED
$312,429.27, AS PART OF PHASE 3 OF THE
NORTHWEST 9TH STREET PEDESTRIAN MALL; AND
(2) NORTHWEST 3RD AVENUE, IN AN AMOUNT NOT TO
EXCEED $792,935.00, AS PART OF PHASE 4 OF THE
9TH STREET PEDESTRIAN MALL, CONTINGENT UPON
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY (SEOPW CRA) PROVIDING
FUNDING FOR THE TOTAL COST OF BOTH PROJECTS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized to execute
agreements, in substantially the attached forms, with Florida
Power & Light Company for the overhead to underground conversions
of electric distribution facilities along (1) Northwest
9th Street from Northwest 3rd Avenue to Northwest 2nd Avenue,
Miami, Florida, in an amount not to exceed $312,429.27, as part
of Phase 3 of the Northwest 9th Street Pedestrian Mall; and
CITY CONW9$1'
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02
(2) Northwest 3rd Avenue, Miami, Florida, in an amount not to
exceed $792,935.00, as part of Phase 4 of the Northwest 9th
Street Pedestrian Mall, contingent upon the Southeast
Overtown/Park West Community Redevelopment Agency (SEOPW CRA)
providing funding for the total Cost of both projects.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED this 7th day of March 2002.
MANUEL A. DIAZ,
ATTEST:
SY IA SCHEIDER
AC ING CITY CLERK
RECTNESS
-J RO VrLARELLO
I ATTORNEY
6049:tr:LB:JV:BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. if the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 2 02- 256
UNDERGROUND FACILITIES CONVERSION AGREEMENT
This Agreement, made and entered into this day of , 2002 by and between City of
Miami, a municipal corporation of the State of Florida (hereinafter called the Applicant) and FLORIDA POWER &
LIGHT COMPANY, a corporation organized under the laws of the State of Florida (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 (CIAO) in the amount of
$312,429.27. In the event the actual cost of the project contracted for herein, exceeds the CIAO
identified above, the Applicant shall pay an additional contribution equal to the lesser of the difference
between the actual cost of the project and the CIAC identified above, or 10% of the CIAO identified
above.
2. Pursuant to this agreement, the Applicant agrees to comply with and abide by the requirements, terms,
and conditions of FPL's Electric Tariff as those requirements, terms, and conditions are set forth in said
Tariff.
3. Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff, 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.
4. In the event that the underground facilities to be installed, as specified in Attachment A, are part of, or
are for the purposes of, relocation, then this Agreement shall be an addendum to the relocation
agreement between FPL and the Applicant. In the event of any conflict between the relocation
agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall
control.
5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this
Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The Applicant may
terminate this Agreement at any time prior 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 CIAC shall be
offset by any costs incurred by FPL in performing under the Agreement up to the date of termination.
6. This Agreement is not assignable.
IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of
electric underground distribution facilities to be effective as of the date first above written.
FLORIDA POWER & LIGHT COMPANY,
a corporation organized under the laws
of the State of Florida "FPL"
Signed
Name
Title
ihv:FPL
Page l of 2
p 256
C
ATTEST:
Signed
Name — Sylvia Scheider
Title Acting City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
jhv: fP L
Page 2 of 2
•
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
"APPLICANT"
Signed
Name Carlos A. Gimenez
Title City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla, Administrator
Risk Management Department
02- 256
•
0
UNDERGROUND FACILITIES CONVERSION AGREEMENT
This Agreement, made and entered into this day of , 2002 by and between City of
Miami, a municipal corporation of the State of Florida (hereinafter called the Applicant) and FLORIDA POWER &
LIGHT COMPANY, a corporation organized under the laws of the State of Florida (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 (CIRC) in the amount of
$792,935. In the event the actual cost of the project contracted for herein, exceeds the CIAC identified
above, the Applicant shall pay an additional contribution equal to the lesser of the difference between
the actual cost of the project and the CIAC identified above, or 10% of the CIAC identified above.
2. Pursuant to this agreement, the Applicant agrees to comply with and abide by the requirements, terms,
and conditions of FPL's Electric Tariff as those requirements, terms, and conditions are set forth in said
Tariff.
3. Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff, 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.
4. In the event that the underground facilities to be installed, as specified in Attachment A, are part of, or
are for the purposes of, relocation, then this Agreement shall be an addendum to the relocation
agreement between FPI, and the Applicant. In the event of any conflict between the relocation
agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall
control.
5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this
Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The Applicant may
terminate this Agreement at any time prior 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 CIAC shall be
offset by any costs incurred by FPL in performing under the Agreement up to the date of termination.
6. This Agreement is not assignable.
IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of
electric underground distribution facilities to be effective as of the date first above written.
FLORIDA POWER & LIGHT COMPANY,
a corporation organized under the laws
of the State of Florida "FPL"
Signed
Name
Title
Page 1 of 2
ihvT11L 02- 256
•
ATTEST:
Signed
Name _ Sylvia Scheider
Title Acting City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
0
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
"APPLICANT"
Signed
Name Carlos A. Gimenez
Title Cit, Manager _
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soidevilla, Administrator
Risk Management Department
Page 2 of 2
jhv:FPL 02— 256
02/28/2002 T U 17:14 FAX 3053724846
• 0 16
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Carlos Gimenez, City Manager DATE. February 28, 2402 PALE
ATI N: Agenda Coordinator
SUBJECT; FPL Overhead to Underground
Conversion of Electric Cables —
FROM: " � REFERENCES: Phase 3 and 4,
ette E. Lewis
Acting Executive Director, CRA ENCLOSURES:
Signed and dispatched to avoid delay
By this memorandum, I am respecdWly requesting to have the following resolution placed on
the City Commission Agenda for March 7, 2002:
Resolution of the City of Miami requesting that the City Manger consider the request of the
CRA to approve (I) the Phase 4 Pedestrian Mall agreement with FPL for the Overhead to
Underground conversion of electric cables along NW 9th Street in an amount not to exceed
$792,935 and (2)to approve the Phase 3 Pedestrian Mall Agreement with FPL for the
Overhead to Underground Conversion of electric cables along NW 3rd Avenue: in an amount
not to exceed $312,429.27, pursuant to the approved Pedestrian Mail plans dated August
1998
Thank you.
02- 256