HomeMy WebLinkAboutBack-Up DocumentFPL.
Writer's Direct Dial:
(561)304.5134
(561)691.7305(Fax)
Patrick.Bryanna fel.com (Email)
December 4, 2017
VIA OVERNIGHT UPS SERVICE
Xavier E. Alban, Esquire
Assistant City Attorney
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
Re; Downtown injection Agreement
Dear Xavier:
Enclosed for the City's records please find one (1) fully -executed original of the New Underground
Transmission Facilities Construction and Contribution Agreement (the "Downtown Injection Agreement").
FPL has retained the other fully -executed original for its records.
Please do not hesitate to co hou ave any questions,
Sin
((Patrick M. Bryan
Senior Counsel
Florida Power & Light Company
PMBlbjw
Enclosure (1)
Cc: Pam Rauch (wlout enclosure)
Irene White (w/out enclosure)
Armando Fernandez (w/out enclosure)
Florida Power & Light Company
: Wd G-330L101
700 Universe Boulevard, Juno Beach, FL 33408
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
THIS NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT ("Agreement") made and entered into on this day of
November, 2017 ("Effective Date"), by and between the CITY OF MIAMI, FLORIDA, a
Florida municipal corporation (the "Ci))") and FLORIDA POWER & LIGHT COMPANY, a
Florida corporation ("FPL"). FPL and the City will each be referred to as a "Party" and will
collectively be referred to as the "Parties."
Recitals:
A. FPL has determined a need to construct, operate and maintain new Transmission
Facilities (as hereinafter defined) in order to maintain its reliability and anticipated
customer growth in the City's jurisdiction. FPL's standard construction for such
facilities is overhead.
B. The Transmission Facilities will connect FPL's Coconut Grove substation to an existing
138 kilovolt ("kV') underground transmission line between FPL's Miami substation and
FPL's Key Biscayne substation as shown in the Route (as hereinafter defined).
C. The City has requested that the Transmission Facilities be placed underground.
D. FPL's policy is to require municipalities that request underground transmission
facilities to make a cost contribution for the additional cost that FPL incurs as a result
of undergrounding.
E. FPL will incur additional costs in the design and construction of the Transmission
Facilities underground, which costs would not have been incurred but for the City's
request.
F. By leveraging and expanding existing FPL infrastructure along the Route, however,
FPL will be able to install the new Transmission Facilities underground in a manner
that meets FPL's reliability needs at a considerably lower cost contribution from the
City.
G. As a condition precedent to this Agreement, the City and FPL entered into the Coconut
Grove Injection Transmission Project Agreement in consideration of mutual promises
and other good and valuable considerartion including the undergrounding of an
exisiting distribution feeder line in the "Three Block Area" by FPL at no cost to the
City.
H. Subject to the tennis of this Agreement, FPL has agreed to install the Transmission
Facilities underground using the approach described in the foregoing recital, and the City
has agreed to reimburse FPL for the additional costs related to said installation.
In consideration of the mutual promises of the City and FPL and other good and
valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
ARTICLE I — 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 initial capitalization:
"Carrying Costs" has the meaning set forth in Article V.
"Change" means any scope change or modification to all or a portion of the Scope of Work.
"City ROW' means, with respect to the route of the Transmission Facilities, any road
right-of-way owned by or under the jurisdiction of the City.
"Contribution Cost Amount" has the meaning set forth in Section 2.1.
"Engineering Deposit Amount" means $250,000.00 USD.
"Fixed Contribution Amount" means an amount not to exceed $27,000,000.00 USD, which
represents the City's contribution to the cost of the Project. The actual amount may be less, but
shall in no event exceed $27,000,000.00 USD. This amount does not include additional costs,
including mobilization and demobilization costs, resulting from events beyond the control of the
contractor or FPL, including but not limited to hurricanes, uncovering contaminated soils or
archeological finds.
"FPL Entities" means FPL, its parent, subsidiaries, affiliated companies of NextEra Energy,
Inc. and its subcontractors, and their respective officers, directors, agents and employees.
"Job Site" means the real property in the City of Miami, Florida on which the underground
Transmission Facilities will be located or Scope of Work will be performed under this
Agreement, including any laydown or storage areas, as more particularity described in the
Route.
"Other ROW' means, with respect to the route of the Transmission Facilities, any road
right-of-way owned by or under the jurisdiction of a governmental authority or agency other
than the City.
"Project" means the Transmission Facilities to be located in the City of Miami and the Scope of
Work, as more particularly described in this Agreement.
"Route" means the route for the Project set forth in Exhibit A attached hereto.
"ROW' means, collectively, any City ROW and any Other ROW.
2
"Scope of Work" means the services and work to be performed by or through FPL or its
subcontractors, as more particularly described in the Route, and which includes, without
limitation, all permanent or temporary support, protection, relocation, rearrangement, design,
redesign, construction and installation of the Transmission Facilities underground and all other
work (including any FPL overhead costs and expenses) required to provide continuity of service
to FPL's customers, and any other activities for the execution and completion of FPL's
obligations under this Agreement.
"Transmission Facilities" means the new 138 kV transmission facilities, as more particularly
described in the Route.
"Withdrawn Claims" has the meaning set forth in Article VI.
ARTICLE II — CONTRIBUTION AMOUNTS, CHANGES AND BILLING
2.1 Contribution Amount. The City shall be responsible for the agreed upon shared cost
contribution of the Project. FPL acknowledges receipt of the Engineering Deposit
Amount, which occurred prior to the Effective Date to perform certain engineering work
necessary for the Project. The remaining cost the City is obligated to contribute to FPL
to perfonrn the Scope of Work is determined by calculating the difference resulting from
subtracting the Engineering Deposit from the Fixed Contribution Amount (such
resulting difference is referred to as the "Contribution Cost Amount"), plus any
applicable Changes.
2.2 Changes. Upon receipt of any Change request by the City, FPL will evaluate whether
such Change request will have a cost impact to complete the Scope of Work. If FPL
determines that there would be a cost impact to the Scope of Work as a result of the
requested Change, then the Parties agree to work in good faith to reach mutual agreement
on any such cost impact. If the Parties are able to agree on the cost impact and the
adjustment to the Scope of Work, then after the Parties enter into an amendment to this
Agreement adjusting the Scope of Work and FPL receives payment from the City for
incorporating such Change within the Scope of Work, FPL agrees to proceed with the
Scope of Work as adjusted to incorporate such Change.
2.3 Billing and Payment. The City shall pay FPL the Contribution Cost Amount, plus any
applicable Changes, if any, as follows:
(i) Concurrently with execution of this Agreement subject to the provisions in
Article V hereof: Three Million, Seven Hundred Fifty Thousand Dollars and No
Cents ($3,750,000.00); ($4,000,000.00 minus $250,000.00 equals
$3,750,000.00);
(ii) 50% of the balance due (Ten Million, Three Hundred Thousand Dollars and No
Cents ($10,300,000.00)) six (6) months prior to the commencement of
construction, such payment date currently projected to be on or about July 1,
2018; and
3
(iii) All remaining amounts owed (Ten Million, Three Hundred Thousand Dollars
and No Cents ($10,300,000.00)) (plus any Changes, if any) due thirty (30) days
prior to commencement of construction, such payment date currently projected
to be on or about December 1, 2018.
Any other amount due FPL under this Agreement by the City, which may include,
without limitation, any applicable Changes following commencement of the Scope of
Work at the Job Site, shall be due and payable by the City within forty-five (45) days of
the date of FPL's invoice.
ARTICLE III — DESIGN AND CONSTRUCTION OF FACILITIES
3.1 Design Standards. Engineering design standards and material specified will meet and
comply with FPL's then current design standards.
3.2 Construction Standards. Materials and construction procedures will meet and comply
with FPL's then current construction standards.
3.3 City Permits. The City will support and facilitate prompt permit review and issuance
for permits provided by the City, provided that it is understood that if FPL or its
contractor files a permit application that fully complies with all applicable laws and
regulations, the City will issue such permit to FPL or its contractor within thirty (30)
days of such application approving such permit for the Scope of Work for the Project.
Any additional costs incurred by FPL as a result of any delay of issuance of City
permits that affect FPL's or its contractors' ability to commence and/or complete the
Project will be borne exclusively by the City and the City shall be responsible for
reimbursing FPL for all such costs, except if the delay results from events beyond the
control of the City. Exhibit C contains certain permit conditions agreed to by the City
and FPL with respect to the Scope of Work.
3.4 Local Content. FPL commits that at minimum ten percent (10%) of the Project
workers over the course of the Project will be City of Miami residents. During the
Project, FPL will provide written reports to the City at intervals of every two months
and upon completion of the Project, all of the reports shall be from an independent
audit firm, specifying FPL's compliance levels throughout the Project with the
residence requirements set out in Section 3.4. Proof of residency may be established
by, among other reasonable means, a worker's driver's license or other
government -issued identification, voters' registration, utility bills, rental lease or proof
of ownership of a residence within the City of Miami.
3.5 Ownership of Transmission Facilities. It is understood and agreed by the Parties that
FPL shall retain all right, title and interest in and to the Transmission Facilities.
4
ARTICLE IV — EASEMENT/RIGHT-OF-WAY
4.1 Easement. The City shall convey or grant to FPL utility easements, access easements
and licenses that are within the City's powers to convey or grant, using the FPL standard
form, sufficient to permit FPL to accomplish the Scope of Work and to operate and
maintain the Transmission Facilities in accordance with FPL' s customary practices.
Such grants shall be accomplished at no cost to FPL. FPL's standard form of utility
easement and access easement is attached in Exhibit B hereto. The City shall not be
required to secure for FPL any third party easements or licenses associated with the
Project.
4.2 Right of Way.
4.2.1 (a) If the City, for any reason whatsoever, requires that FPL relocate or arrange,
in whole or in part, any or all of the Transmission Facilities (as they are to exist
as a result of this Project, or as they may later be modified, upgraded, or
otherwise altered) from or within the City ROW or Other ROW, the City,
notwithstanding any language to the contrary in any applicable permit or
franchise agreement, and prior to any such relocation by FPL, shall provide
FPL with a substitute location, satisfactory to FPL to obtain any easement that
may be necessary, and shall, subject to Section 4.2.4, pay FPL for the costs of
any such relocation, adjustment or rearrangement, now or in the future. The
City shall reimburse FPL for all costs to locate, expose, protect or support the
Transmission Facilities, whether underground or above ground, in the event of
future construction or excavation in close proximity to the Transmission
Facilities, when such services are required by the City. The City shall use its
best efforts in any design and construction of its future road improvement
projects to avoid or mitigate the necessity of relocating or adjusting the
Transmission Facilities in the City ROW and, to the extent reasonably
practicable, in any Other ROW.
(b) FPL shall not be responsible for relocation or rearrangement costs in the
event any other government authority or agency, other than Miami -Dade
Transit, with control over the City ROW or Other ROW for any reason
whatsoever, requires that FPL relocate or arrange, in whole or in part, any or all
of the Transmission Facilities, (as they are to exist as a result of this Project, or
as they may later be modified, upgraded, or otherwise altered) from or within
the City ROW or Other ROW, In such event or events, the City shall reimburse
FPL all such costs to the extent the City cannot secure or collect for FPL such
costs from the requiring government authority or agency. The provisions of
this subsection (b) apply only to relocations or rearrangements required outside
of Miami -Dade Transit ROW.
(c) The foregoing provisions in this Section 4,2.1 (a) and (b) shall not apply to
relocations or rearrangements of the Transmission Facilities required by
5
Miami -Dade Transit for twenty (20) years after the Effective Date of this
Agreement.
4.2.2 The City shall only be responsible for relocation costs associated with
replacement facilities conforming to FPL standards in effect at the time of
relocation. Any costs associated with the replacement facilities to provide
increased capacity, improved reliability, future use facilities, or other such
enhancements over and above the FPL standards in effect at the time of the
relocation shall not be the responsibility of the City.
4.2.3 FPL shall be responsible for any and all costs of removal or relocation when
such removal or relocation is initiated by FPL. Additionally, FPL agrees that
when any portion of a street is excavated by FPL in the location, relocation or
repair of any of its facilities when said location, relocation or repair is initiated
by FPL, the portion of the street so excavated shall, within a reasonable time
and as early as practical after such excavation, be replaced by FPL at its
expense in a condition as good as it was at the time of such excavation.
4.2.4 If the City desires to subsequently abandon or discontinue use of the City
ROW, and ownership of the land is transferred to a private party, the City, as a
condition of and prior to any such sale, abandonment, or vacation, shall grant
FPL an easement satisfactory to FPL for the Transmission Facilities then
existing within the ROW or require and cause the transferee to so grant FPL an
easement satisfactory to FPL at the time of transfer. If ownership of the City
ROW is transferred to another government authority or agency, the City shall
cause that government authority or agency to take the ROW subject to the terms
and conditions of this Agreement.
ARTICLE V — CONDITION PRECEDENT
The parties acknowledge that performance of this Agreement (except for the payment
obligation under Section 2.3(i)) is conditioned upon timely receipt of all necessary approvals,
including but not limited to approvals from Miami -Dade Transit, the Florida Department of
Transportation, and the United States Department of Transportation with respect to the Project
and the current route. In the event of significant delay in obtaining any of the necessary
approvals which result in delay in commencement of the Scope of Work under FPL's project
schedule, FPL agrees to reimburse the City (through credits against subsequent payments by
the City identified in Section 2.3(ii) and (iii)) its Carrying Costs (as hereafter defined) on the
initial payment for the duration of the delay until the commencement of the Scope of Work,
provided that FPL's obligation to reimburse the City for such Carrying Costs shall not
commence until sixty (60) days following the day on which FPL estimated, under its project
schedule, that the Scope of Work would commence as reflected in Section 2.3 herein. Further,
City agrees to cooperate with FPL and provide reasonable support as necessary in obtaining
the necessary approvals. If FPL is unable to obtain any or all of the necessary approvals and
the Agreement terminates pursuant to Section 8.3 herein, FPL shall reimburse the City its
Carrying Costs within sixty (60) days of the termination of this Agreement. "Carrying Costs"
6
as used herein, shall be limited to the interest payments made by the City on bonds used by the
City to fund the initial payment made by the City under this Agreement.
ARTICLE VI — CITY'S WITHDRAWAL OF OPPOSITION AND LITIGATION
In addition to the City's payment obligations in regards to the Project set forth in
Article II, as consideration for FPL's performance of its obligations under this Agreement, the
City agrees to promptly (but in no event later than fifteen [15] calendar days after the Effective
Date) withdraw from all of the following FPL-related litigation or administrative proceedings
collectively, the following three enumerated matters being referred to as a "Withdrawn
Claims"):
1) In re: Florida Power & Light Company, Turkey Point Units 6 & 7
Combined License Application; Docket Nos. 52-040-COL; 52-041-COL
Nuclear Regulatory Commission
2) Florida Power & Light Company
Nuclear Cost Recovery Clause, Docket No. 20170009-EI
Florida Public Service Commission
3) Florida Power & Light Company, Turkey Point Units 6 & 7
Power Plant Siting Application, No. PA 03-45A3
State of Florida Siting Board
The City does hereby waive, release, remise and relinquish all actions, claims and demands, of
any kind whatsoever, which the City ever had or then has, known or unknown, against FPL in
connection with the Withdrawn Claims. Further, City agrees to refrain from intervening or
participating in any capacity (i) in any FPL-related regulatory proceedings currently pending at
the Florida Public Service Commission as of the Effective Date of this Agreement; and (ii) in
any currently pending FPL-related regulatory proceeding in any other state or federal agency
as of the Effective Date of this Agreement. Exhibit D contains a list of currently pending
FPL-related regulatory proceedings. The City acknowledges and agrees that notwithstanding
anything to the contrary in this Agreement (i) the cost to perform the Scope of Work and (ii)
FPL's obligations under this Agreement are conditioned upon the City's compliance with this
Article.
ARTICLE VII — INDEMNIFICATION, LIMITATION OF LIABILITY, AND
INSURANCE
7.1 Indemnification. The City shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance by FPL of the
Transmission Facilities, regardless of other easement agreementsthat may be or may have
been executed by the Parties without hold harmless or indemnification provisions. FPL shall
indemnify and defend the City and hold the City, its officials, employees and assigns, harmless
against any and all liability, loss, cost, damage, judgment, decree, action, cause of action,
claim, or expense which may accrue to the City by reason of the negligence, default, omission,
7
or misconduct of FPL, its contractors, or subcontractors, in the installation, removal,
relocation, sublease, construction, operation or maintenance of the Transmission Facilities.
7.2 Insurance. FPL or its Contractor(s) shall, at all times during the tern,' hereof, maintain
such insurance coverage(s) as may be required by the City. The insurance coverage(s) required
as of the Effective Date of this Agreement are attached hereto as Exhibit E. FPL or its
Contractor(s) shall add the City of Miami as an additional insured to its cormrnercial general
liability, and auto liability policies, and as a named certificate holder on all policies. FPL or its
Contractor(s) shall correct any insurance certificates as requested by the City's Risk
Management Administrator. All such insurance, including renewals, shall be subject to the
approval of the City for adequacy of protection and evidence of such coverage(s) shall be
furnished to the City Risk Management Administrator on Certificates of Insurance indicating
such insurance to be in force and effect and any cancelled or non -renewed policy will be
replaced with no coverage gap and a current Certificate of Insurance will be provided.
Completed Certificates of Insurance shall be filed with the City prior to the performance of
Services hereunder, provided, however, that Contractor shall at any time upon request file
duplicate copies of the Certificate of Insurance with the City. FPL may self -insure in
accordance with the terms of its Evidence of Insurance Letter to the City, dated July 6, 2017 and
included as an attachment within Exhibit E.
ARTICLE VIII — TERMINATION
8.1 Tenn. The Agreement shall commence upon the Effective Date and shall continue in
effect until completion of the Scope of Work, unless terminated earlier as set forth in
Section 8.2 and 8.3.
8.2 Payment Default. If (i) the City fails to pay FPL any amount under this Agreement,
then such failure shall be deemed a material event of default, and (ii) the City fails to
cure such material event of default within sixty (60) days after notice thereof from FPL,
then FPL may, and without prejudice to any remedy available to FPL under law, in
equity or under this Agreement, (a) terminate the Agreement without termination
charge, penalty or obligation, or (b) complete the Scope of Work, in which case, FPL
shall be entitled to seek specific performance of the City's obligations to remit all
outstanding amounts owed to FPL pursuant to this Agreement.
8.3 Necessary Approvals: If FPL fails to obtain any or all necessary of the necessary
approvals required to commence the Scope of Work within five (5) years of the
Effective Date, the City may terminate the Agreement without termination charge,
penalty or obligation provided the City is not the cause of the delay, and FPL shall
reimburse the City all payments made under this Agreement, including the Engineering
Deposit Amount, and all Carrying Costs as required under Article V.
ARTICLE IX — GENERAL CONDITIONS
9.1 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
8
not inure to the benefit of any third party or other person. This Agreement shall not be
assigned by the City, except upon receipt of the prior written permission of FPL.
9.2 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.
9.3 Modification 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.
9.4 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.
9.5 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 the City: Daniel J. Alfonso
City Manager
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
To FPL: Vice President, External Affairs
Florida Power & Light Company
700 Universe Boulevard
Juno Beach, Florida 33408
If the mailing address for either Party changes during the term of this Agreement, it
shall be that Party's responsibility to notify the other Party promptly of the new
address, and the old address shall remain effective for the purposes of this Agreement,
or any renewal thereof, until notice of the address change has been received by the
other Party. All notices shall be delivered in person; by courier service (e.g., United
Parcel Service and FedEx); by registered mail or certified mail; or by U.S. Mail,
postage prepaid, in which case receipt shall be deemed effective three (3) business days
after postmark.
9.6 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 a court of competent
jurisdiction, the City and FPL shall negotiate an equitable adjustment in the affected
9
provisions of this Agreement. The validity and enforceability of the remaining
independent provisions shall not be affected.
9.7 Law, Jurisdiction, and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. In the event of
litigation arising hereunder, the Parties agree that the venue for such litigation shall be
the courts of the State of Florida located in Miami, Florida. The Parties irrevocably
waive any objection, which any of them may now or hereafter have to the bringing of
any such action or proceeding in such respective jurisdictions, including any objection
to the laying of venue based on the grounds of forum non conveniens and any objection
based on the grounds of lack of in personam jurisdiction.
9.8 Project Specific Nature of Agreement. Complete Agreement. The Parties acknowledge
that this Agreement (inclusive of Exhibits A, B C, D, E, and F, which are incorporated by
this reference) is project specific to the Project only. 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. It is understood and agreed by the Parties that 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 express terms contained this Agreement shall be given no force or effect.
9.9 Survival. Articles II, VI and VII, and Sections 3.5, 9.8 and 9.10 shall survive the
termination or expiration of the Agreement. Those provisions of the Agreement which
provide for the limitation of or protection against liability shall apply to the full extent
permitted by law and shall survive termination of this Agreement and/or completion of
the Scope of Work.
9.10 Turkey Point 6 & 7 Representation. If the Project is completed, along with the
completion of the additional transmission facilities covered under that certain
Agreement for the Coconut Grove Injection Transmission Project dated October 10,
2017, attached herein as Exhibit F, between FPL and the City, FPL represents to the
City that the transmission line circuits within the city sought by FPL to be approved in
the proceeding entitled Florida Power & Light Company Turkey Point Units 6 and 7
Power Plant Siting Application No. PA 03-45A3 will no longer be required to deliver
electricity from FPL's Turkey Point 6 and 7 nuclear generation projects, if and when
built.
Further, FPL agrees to not install additional overhead transmission facilities along the
US-1 portion of the Route or proposed route for a period of twenty (20) years from the
Effective Date of this Agreement, except for crossings of US-1 and other short
distances if FPL is unable to cross US-1 in a straight line or if required to serve a new
distribution substation because of increased load in the area. If FPL wishes to install
additional overhead transmission facilities along the US 1 portion of the Route or
proposed route anytime between twenty (20) and forty (40) years after the Effective
Date of this Agreement, FPL must seek approval for such facilities using the Florida
10
Transmission Line Siting Act ("TLSA") or other statutory or legal process in place if
the TLSA is no longer in effect at that time.
Further, FPL and the City expressly acknowledge FPL's voluntary stipulation made in
State of Florida Division of Administrative Hearings Case No. 09-357 SEPP, found
at Hearing Transcript Volume XIV, pages 9138 (lines 20-25) and 1939 (lines 1-10).
9.11 Counterparts. The Agreement maybe executed in multiple counterparts, each of which
shall constitute an original, but all of which together shall constitute one and the same
instrument. It is also agreed that the facsimile or electronic signature of either Party
shall be binding upon the same as if signed in original. The signatories below warrant
and represent that they are authorized to execute the Agreement.
[Remainder of Page Left Intentionally Blank;
Signatures Appear on Following Pages]
1I
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized officers as of the Effective Date.
FLORIDA POWER & LIGHT COMPANY
Pamela M. Rauch
VP External Affairs/Economic Development
CITY OF MIAMI, FLORIDA
AT I' ST:
odd ,.. Hannon Daniel J. Alfons
City l erk City Manager
APPROVED AS TO FORM AND
CO" ' ECTNESS:
ictoria M
City Attorn
i
C7-,L_ _5 --
ndez
y XA
12
APPROVED AS TO INSURANCE
REQUIREEN,TS
Anri-Marie Sh e, Director
Department of isk Management
EXHIBIT A
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
DESCRIPTION OF THE ROUTE
EXHIBIT A
FLORDA POWER &
'138KV LNDERGROUND TRANSMISSION LINE
5. 3Ind 'VDU
COCONUT GROVE r "
SUS.STATFON
- Si-r
s
Ea, STili ArEntz.
P 7%-
,PViii.S.Fri —
ULU
Pl-li 19.7117
P-1-1P
NATOMA
SUBSTATION .`.:
foo
,see*
FI-24
mavcr.-0
-1.7
PiitPLIQ
41.1.
\-"T\
• -SS
•
F'wan
194LT PI
• FILO,'
SIMPSON
\\LriSP-SED
•
'ritPiiiirSZ541Dia
1-i35 CrFflElaisr
sSiriCria
rrriLl ll
IPSP115D
Pli.)
IF -
Nor TO SCALE
vic.J•jr•
EXHIBIT B
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
FORM OF FPL UTILITY EASEMENT
Work Request No.
Sec._, Twp _ S, Rge — E
Parcel I.D.
(Maintained by County Appraiser)
UNDERGROUND EASEMENT
(BUSINESS)
This Instrument Prepared By
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above -ground equipment) to be installed from
time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
EXHIBIT B
wars ed for Circ.,it Court
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities
hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the
right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees,
undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or
systems of communications or power transmission cr distribution; and further grants, to the fullest extent the undersigned has
the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads,
streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument an , 2D_.
Signed, sealed and delivered in the presence of:
(Witness Signature)
Print Name:
(Witness)
(Witness' Signature)
Print Naive:
(Witness)
Entity Name
By:
Print Name:
Print Address:
STATE OF
AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of , 20 , by , the
of a , who is
personally known to me or has produced as identification, and who did (did not) take an oath,
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
Work Request No.
Sec., Twp S, Rge E
Parcel I.D,
(Maintained by County Appraiser)
UNDERGROUND EASEMENT
(INDIVIDUAL)
This Instrument Prepared y
Name:
Ca, Name:
Address:
The undersigned, in consideration of the payment of $1,00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above ground equipment) to be installed from
time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
Reserved for Circuit Court
EXHIBIT B
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities
hereunder and by cable and conduit within the Easement Area and to operate the same for communications purposes; the
right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees,
undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of the Easement Area which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has
the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads,
streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_.
Signed, sealed and delivered in the presence of:
(Witness' Signature)
(Witness)
Print Name:
(Witness' Signafre)
Print Name:
(Witness)
sy:
Print Name:
Print Address:
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this
day of , 20, by , and
who Is (are) personally known to me or has (have) produced as identification, and who did (did not)
take an oath. (Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
Work Request No.
Sec._, Twp — S, Rge _ E
Parcel 1. D.
(Maintained by County Appraiser)
EASEMENT
(BUSINESS)
This Instrument Prepared By
Nance:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy. and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
EXHIBIT B
Reserved for Circuit Ca
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes' the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or
limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights
hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways
adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_.
Signed, sealed and delivered in the presence of:
(WitnessSignature)
Print Name:
(Witness)
Print Name:
(Witness' Signature)
(Witness)
Entity name
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of , 20 ., by , the
of a , who is
personally known to me or has produced as Identification, and who did (did not) take an oath.
(Type of identification)
My Commission Expires:
Notary Public, Signature
Print Name
Work Request No.
Sec., Twp _ S, Rge _ E
Parcel 1. D.
(Maintaned by County Appraiser)
EASEMENT
(INDIVIDUAL)
This Instrument Prepared By
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power &Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time: with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
EXHIBIT B
Reserved for Chcu{d Cnurl
Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes' the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or
limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; and further grants, to the fullest extent the undersigned haste power to grant, if at all, the rights
hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways
adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20.
Signed, sealed and delivered in the presence of:
(Witness' Signature)
(Witness)
Print Name:
fitness' S;gnature
Print Name:
(Witness)
By:
Print Name:
Print Address:
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this
day of , 20_, by , and
who is (are) personally known to me or has (have) produced as identification, and who did (did not)
take an oath.
My Commission Expires:
(Type of Identification)
Notary Public, Signature
Print Name
EXHIBIT C
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
PERMIT CONDITIONS/WORK RESTRICTIONS
EXHIBIT C
Permit Conditions/Restrictions
For Inclusion in the Downtown Infection Agreement
l . The City of Miami will not allow material and equipment to be staged within the City's
right-of-way. However, equipment such as but not limited to horizontal directional
drill equipment, cable installation equipment (pull rig, splice vans), excavators, and
cranes will remain at the worksite during the construction period. Also pipe will need
to be laid out and welded prior to installation and will need to be laid along the right-
of-way on rollers. In addition, the workers cannot park in the right-of-way while
working. Contractors will have to find off site areas to park their cars.
2. Approved working hours are from 8AM to 8PM, Monday through Friday. Approved
working hours for Saturdays are 9AM to 8PM. The City will approve variances to
work extended hours for special circumstances where work around the clock will be
required. This would include work on Sundays. Variances will be granted as long as
requested with at least two (2) business days' prior notice. The contractor shall use
reasonable efforts to commence work requiring extended hours early in the day to
avoid as much as practicable the necessity of working beyond 8PM and the necessity
of working on Sundays.
3. The contractor will meet Miami -Dade County and City of Miami noise ordinances;
however there will be special circumstances where the limits will be exceeded. Under
these special circumstances the City will grant variances to exceed the noise limits as
long as requested with at least two (2) business days' prior notice.
4. The City will grant (or not unreasonably withhold) permits for road closures as long
as requested with at least three (3) business days' prior notice.
5. Costs are contingent on FDOT approving lane closure of Bird Road to perform
horizontal directional drilling (HDD), pull pipe and cable into the Coconut Grove
substation.
6. Costs are contingent on DERM approving dewatering wells at all manhole locations
along the route.
7. M-Path bypass walkways have been estimated at 3 00-feet at each HDD site.
8. Since impacts to trees have not been finalized, FPL has included $500,000 for tree
removal, relocation, mitigation, etc. This cost will be adjusted up or down depending
on City's final requirements.
9. FPL has included $200,000 for Metro Dade inspectors during work within the MDT
right of way. This cost will be adjusted up or down depending on the County's final
requirements.
EXHIBIT D
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
LIST OF CURRENTLY PENDING
APPLICABLE FPL REGULATORY PROCEEDINGS
EXHIBIT D
LIST OF CURRENTLY PENDING
FPL REGULATORY PROCEEDINGS*
Petition for exemption under Rule 25-22.082(18), F.A.C., from
issuing a request for proposals (RFPs) for modernization of the
Lauderdale Plant, by Florida Power & Light Company
Petition for approval of arrangement to mitigate unfavorable impact
of St. Johns River Power Park, by Florida Power & Light Company
Petition for approval of a new depreciation class and rate for energy
storage equipment, by Florida Power & Light Company
Petition for approval of revised customer security deposit tariff
sheets, by Florida Power & Light Company
Petition for approval of renewable energy tariff and standard offer
contract, by Florida Power & Light Company
Analysis of IOUs' hedging practices
Fuel and purchased power cost recovery clause with generating
performance incentive factor
Energy conservation cost recovery clause
Purchased gas adjustment (PGA) true -up
Natural gas conservation cost recovery
Environmental cost recovery clause
Petition for limited proceeding for recovery of incremental storm
restoration costs related to Hurricane Matthew by Florida Power &
Light Company
FPSC Docket:
170122-EI
FPSC Docket
170123-EI
FPSC Docket
170097-EI
FPSC Docket
170096-EI
FPSC Docket
170077-EQ
FPSC Docket
170057-EI
FPSC Docket
170001-EI
FPSC Docket
170002-EG
FPSC Docket
170003-GU
FPSC Docket
170004-GU
FPSC Docket
170007-EI
FPSC Docket
160251-EI
Application for authority to issue and sell securities during calendar
year 2017 and 2018 pursuant to Section 366.04, F.S., and Chapter
25-8, F.A.C., by Florida Power & Light Company
Petition for limited proceeding to modify and continue incentive
mechanism by Florida Power & Light Company
Petition for approval of 2016-2018 storm hardening plan, by Florida
Power & Light Company
2016 depreciation and dismantlement study by Florida Power &
Light Company
Petition for rate increase by Florida Power & Light Company
Status of Joint -Ownership of discussions associated with Florida
Power & Light's Turkey Point Units 6 and 7
Petition for issuance of a storm recovery financing order, by Florida
Power & Light Company
Industrial Wastewater Permit Renewal for the Turkey Point Cooling
Canals, Florida Department of Environmental Protection
FPSC Docket
1602.13-EI
FPSC Docket
160088-EI
FPSC Docket
160061-EI
FPSC Docket
160062-EI
FPSC Docket
160021-EI
FPSC Docket
080271-EI
FPSC Docket
060038
DEP IW WP
FL0001562
*This list is not an exhaustive list of FPL regulatory proceedings as of the Effective Date
and is provided for informational purposes only.
EXHIBIT E
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
INSURANCE COVERAGE
EXHIBIT E
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE -DOWNTOWN INJECTION PROJECT
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
Contingent and Contractual Liability
Primary Insurance Clause Endorsement
Explosion, Collapse & Underground Hazard
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami listed as an additional insured
Excess Form over all applicable liability policies
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
FPL.
Evidence of Self -Insurance
July 06, 2017
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
RE: Self -Insurance Documentation for Florida Power & Light Company ("FPL")
To Whom It May Concern:
This letter confirms FPL's self -insured retention / self-insurance (together, the "Self -Insurance")
as requested from FPL by City of Miami as required in the Terms of Agreement for Coconut
Grove Injection Transmission Project (the "Agreement"). This Self -Insurance letter pertains only
to FPL's and/or its Contractors related to the work as described further in the Agreement. FPL
will maintain Self -Insurance for the following insurance coverage:
General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for Bodily
Injury and Property Damage.
Automobile Liability: $1,000,000 per occurrence combined single limit for Bodily Injury,
Property Damage for owned, hired, borrowed, leased and non -owned vehicles.
Workers' Compensation and Employers' Liability: with limits of not less than
$1,000,000.
Excess/Umbrella Liability: $1,000,000 per occurrence and aggregate for Bodily Injury and
Property Damage.
Certificate Holder and Additional Insured: City of Miami
FPL agrees to be responsible for risk of loss, or damage to the equipment or liability coverage
described per the terms of the Agreement with City of Miami.
For a copy of NextEra Energy, Inc.'s latest annual report as evidence of FPL's financial ability
to self -insure, please copy and paste the following link into your web browser:
http://www.nexteraenergy.com/investors/index.shtml.
Sincerely,
Grace Jenkins
Grace Jenkins
Principal Risk Management Analyst
700 Universe Blvd. Juno Beach, FL 33408
EXHIBIT F
TO
NEW UNDERGROUND TRANSMISSION FACILITIES CONSTRUCTION AND
CONTRIBUTION AGREEMENT
COCONUT GROVE INJECTION TRANSMISSION PROJECT AGREEMENT
TERMS OF AGREEMENT FOR
COCONUT GROVE INJECTION TRANSMISSION PROJECT
BETWEEN CITY OF MIAMI AND FLORIDA POWER & LIGHT COMPANY
THIS AGREEMENT FOR THE COCONUT GROVE INJECTION TRANSMISSION
PROJECT (hereinafter "Agreement"), is made and entered into on this 1 Q day of
Oc.7U+6t2 , 2017 by and between the City of Miami, Florida, a Florida municipal
corporation (hereinafter, the "City"), and Florida Power & Light Company, a Florida
corporation, (hereinafter, "FPL"). The Effective Date of this Agreement shall be the date of
execution by both parties and the Agreement shall terminate, in regards to the specific terms
of the Coconut Grove Injection Transmission Project, not later than five (5) years from the
effective date. The actions contemplated in Section IV of this Agreement shall terminate
solely by mutual writing of the parties.
I. EXISTING OVERHEAD DISTRIBUTION FEEDER LINE TO BE
PLACED UNDERGROUND
(a) As part of FPL's continuing efforts to harden its facilities, FPL will
underground the existing overhead distribution feeder line in the three block area along
Peacock Avenue, 38th Avenue and 37th Court from Metrorail north to the FPL Coconut
Grove Substation (the "Three Block Area"), at no cost to the City. The distribution feeder
in this area was scheduled to be hardened in 2019. Since there is a planned transmission
project in the area in 2017, FPL will accelerate the hardening of the feeder so as not to
impact customers in the area with construction twice. Because the feeder is in a high load
density area, it will be placed underground.
Page 1 of 9
(b) The City is responsible for securing the easements required for the
distribution feeder lines in the Three Block Area. The City shall use FPL's standard form
easement, a copy of which is attached as Exhibit A.
(c) The City is responsible for issuing all required City peiinits that comply
with all applicable federal, state, and local laws, rules, and regulations.
(d) Site restoration by FPL is limited to impacted areas. For clarity, if FPL has
to trench a portion of the street, it will restore the entire lane(s) that was affected. It is
further understood and acknowledged that the City shall contribute funds in an amount not
to exceed $75,000.00 for the repaving of the affected lane(s) within the Three Block Area.
(e) FPL will coordinate with the affected business owners within the Three
Block Area regarding the option to underground their respective individual service
connections at said business owners' cost or to maintain overhead individual service
connections.
(f) The City is responsible for the cost associated with the undergrounding of
existing facilities owned by third party attachers currently located on the existing poles in
the Three Block Area, including specifically the facilities of telephone, cable, and
telecommunications providers. It is the City's responsibility to facilitate and coordinate
the efforts of those providers.
(g) The City will execute FPL's standard City/County Right -of -Way
Agreement for Underground Conversions in connection with the undergrounding of the
Three Block Area, a copy of which is attached as Exhbit B.
Page 2 of 9
IL COCONUT GROVE INJECTION TRANSMISSION PROJECT
(a) Within 30 days after FPL's filing of a permit application that fully complies
with all federal, state, and local laws, rules, and regulations, the City will issue a permit
approving the installation of the Coconut Grove Injection transmission line to be installed
overhead by co -locating the new transmission line with the existing transmission line at
FPL's expense on a common pole line within the Three Block Area.
(b) The poles to be set on the south end of the project within Miami -Dade
Transit (`'MDT") right-of-way and the poles north of Bird Road which enter and connect to
the Coconut Grove Substation znay be single circuit poles. The new transmission line will
consist of new poles that will be no more than 100 feet in height from the ground. Before
filing the permit application, FPL will work with the City Public Works Department to
determine the appropriate pole locations.
(c) FPL will work with the City Public Works Depart rent, and any other
necessary agencies or departments, to determine appropriate locations for street lights
within the Three Block Area, should such be applicable.
III. INDEMNIFICATION/HOLD HARMLESS
The City shall in no way be liable or responsible for any accident or damage that
may occur in the construction, operation or maintenance by FPL of its facilities hereunder,
regardless of other easement agreements that may be or have been executed by the parties
to this Agreement without hold haiurless and indemnification provisions. FPL. shall
indemnify and defend the City and hold the City, its officials, employees and assigns,
harmless against any and all liability, loss, cost, damage, judDiient, decree, action, cause
Page 3 of 9
of action, claim, or expense which may accrue to the City by reason of the negligence,
default, omission, or misconduct of FPL, its contractors, or subcontractors, in the
installation, removal, relocation, sublease, construction, operation or maintenance of its
facilities hereunder.
W. UNDERGROUNDING OF FUTURE DISTRIBUTION FEEDER LINES IN
SPECIFIC AREAS
(a) FPL agrees to expand underground areas, such that future distribution
feeder lines in designated areas will be installed underground at FPL's expense. Areas to
be expanded require high load density (HLD). FPL has determined that the designated
areas (collectively, the "Specific Areas'') are the Miami Design District, Wynwood,
Midtown, and West Brickell. FPL shall underground future distribution feeder lines within
the Specific Areas that meet the HLD criteria, It is understood by the City that low load
demand locations within the Specific Areas which do not meet the HLD criteria, as
determined in FPL's sole discretion, are excluded. Maps of each Specific Area, along with
detailed boundary information of the Specific Areas are attached hereto as Composite
Exhibit C. The undergrounding of new distribution feeder lines will occur only as new
development and high load growth materialize in these areas.
(b) Areas with existing overhead facilities and low density areas within the
Specific Areas will remain with the same existing overhead facilities unless a specific
request to convert the overhead facilities to underground is made by the City or a customer,
and contributions in aid of construction are made, and the work is performed, in
accordance with applicable FPL tariffs on file with the Florida Public Service Commission.
The City or customer requesting the conversion shall be responsible for coordinating
Page 4 of 9
among FPL, developers, and City officials in connection with the permitting and securing
of easements on private property to accommodate the conversion to underground. The
City or customer requesting the conversion shall be responsible for securing the required
easements for FPL to relocate overhead facilities to underground, and for coordinating
with FPL customers to ensure individual electric service connections are converted to
underground at the customer's expense.
V. TERMLNATION FOR CAUSE
Failure on the part of a party to comply in any substantial respect with the
provisions of, or obligations of performance under, this Agreement shall be -grounds for
termination for cause by the aggrieved party, provided at least thirty (30) calendar days'
written notice and an opportunity to cure is provided by the aggrieved party. The other
party shall have said thirty (30) calendar day period to correct or cure the failure to comply
or perform; or shall have such longer period as is reasonably necessary to complete the
cure, provided the party has promptly and diligently undertaken efforts to cure. If said
party fails to correct or cure within the thirty (30) calendar days or such longer period as is
reasonably necessary, the aggrieved party may terminate this Agreement by written notice.
In the event of termination, each party reserves all rights and remedies available at law or in
equity under this Agreement.
VI. ENTIRE AGREENIENTIAIVIENDIVIENTS
(a) This Agreement. as it may be amended from tirne to time, represents the
entire and integrated agreement between the City and FPL with respect to the Coconut
Grove Injection Transmission Project and supersedes all prior negotiations, representations
Page 5 of 9
or agreements, written or oral, unless otherwise noted within this Agreement. This
Agreement may not be amended, changed, modified, or otherwise altered in any respect, at
any time after the execution hereof, except by a written document executed with the same
formality and equal dignity herewith. Waiver by either party of a breach of any provision
of this Agreement shall not be deemed to be a waiver of any other breach.
(b) No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
the same or similar foiurality as this Agreement and executed by the City Manager and
FPL.
VII. SEVERABILITY
In the event that any provision of this Agreement is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful
provision shall be excised from this Agreement, and the remainder of this Agreement shall
continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion
of such provision will materially and adversely affect the rights of either party, such party
may elect, at its option, to terininate this Agreement in its entirety. An election to terminate
this Agreement based upon this provision shall be made within seven (7) days after the
fording by the court becomes final.
VIII. APPLICABLE LAW/VENUE
This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida. Any suit or action brought by any party, concerning this
Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County,
Page 6 of 9
Florida. Each party shall bear its own attorney's fees except in actions arising out of FPL's
duties to indemnify the City under this Agreement where FPL shall pay the City's
reasonable attorney's fees.
LX. ADDITIONAL TERMS
(a) The City and FPL acknowledge that by entering into this agreement, the
City shall not waive and, in all respects, reserves any and all rights it may have to enforce
and otherwise compel the terms and conditions of the agreement the City executed with
FPL during the proceedings concerning the licensing of FPL's nuclear reactors No. 6 and
No. 7. The City and FPL. further acknowledge and agree that FPL's voluntary stipulation
made in State of Florida Division of Adminsitrative Hearings Case No. 09-357 SEPP,
found at Hearing Transcript Volume XIV, pages 1938 (lines 20-25) and 1939 (lines 1-10)
remains in effect. Further, the issuance of any permit or permits by the City in connection
with the Coconut Grove Injection Transmission Project shall not be construed as a waiver
of any rights or legal arguments of the City in any pending matters related to the Turkey
Point 6 & 7 Project and/or the Davis -Miami transmission line,
(b) The City and FPL acknowledge that they continue to discuss a potential
resolution to a separate FPL transmission project, the Downtown Injection Project. FPL
acknowledges receipt from the City of $250,000.00 as the fee for an engineering study to
be performed by FPL in relation to the Downtown Injection Project. Pursuant to FPL
tariffs, the fee for the engineering study shall be applied to the City's contribution in aid of
construction should the Downtown Injection Project be constructed. If the City and FPL,
after good faith negotiations, are unable to reach an agreement on the Downtown Injection
Page 7 of 9
Project, in part or in whole, because the binding cost estimate for the Downtown Injection
Project exceeds $27 million, FPL shall reimburse/credit the City the $250,000.00
engineering study fee upon written notice that the parties shall not be able to enter into an
agreement. FPL shall reimburse/credit the City within forty-five (45) days of receiving the
written notice.
(c) FPL or its Contractor(s) shall, at all times during the term hereof, maintain
such insurance coverage(s) as may be required by the City. The insurance coverage(s)
required as of the Effective Date of this Agreement are attached hereto as Exhibit D. FPL
or its Contractor(s) shall add the City of Miami as an additional insured to its commercial
general liability, and auto liability policies, and as a named certificate holder on all
policies. FPL or its Contractor(s) shall correct any insurance certificates as requested by
the City's Risk Management Administrator. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such
coverage(s) and shall be furnished to the City Risk Management Administrator on
Certificates of Insurance indicating such insurance to be in force and effect and any
cancelled or non -renewed policy will be replaced with no coverage gap and a current
Certificate of Insurance will be provided. Completed Certificates of Insurance shall be
filed with the City prior to the performance of Services hereunder, provided, however, that
Contractor shall at any time upon request file duplicate copies of the Certificate of
Insurance with the City.
Page 8 of 9
FLODA POWER &LIGHT C ANY
Pamela M. Rauch
VP External Affairs/Economic Development
CITY OF NHAMI, FLORIDA
ATTEST:
Todd B. Hannon
City Clerk
APPROVED A FORM AND
CORRECTN S:
toria Mendez
Attoi`ney
Daniel J. Alf
City Manager
APPROV
REQUIRMEN
Ann-M. Sharpe, director
Departm; nt of Risk anagement
Page 9 of 9
Exhibit A
Work Request No. —�
Sec._, Twp _ S, Rge _ E
Parcel I.D.
(Maintained by County Appraiser)
UNDERGROUND EASEMENT
(BUSINESS)
This instrument Prepared By
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above -ground equipment) to be installed from
time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
Reserved for Circuit Court
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities
hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the
right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees,
undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has
the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads,
streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20,
Signed, sealed and delivered in the presence of:
(WitnessSignature)
(Witness)
Print Name:
(Witness Signature)
Print Name:
(Witness)
Entity Name
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of , 20_, by , the
of a , who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
Work Request No,
Sec._, Twp _ S, Rge _ E
Parcel I. D,
(Maintained by County Appraiser)
UNDERGROUND EASEMENT
(INDIVIDUAL)
Instrument Prepared y
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns (`"FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above ground equipment) to be installed from
time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
Reserved for Circuit Cast
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities
hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the
right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees,
undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has
the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads,
streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20,
Signed, sealed and delivered in the presence of:
(Witness' Signature)
Print Name:
(Witness)
Print Name:
(Witnesssignature)
(Witness)
By:
Print Name:
Print Address:
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this
day of , 20_, by , and
who is (are) personally known to me or has (have) produced as identification, and who did (did not)
take an oath. (Type of identification)
My Commission Expires:
Notary Public, Signature
Print Naive
Work Request No. EASEMENT
Sec._, Twp_S, Rge E (BUSINESS)
This instrument Prepared By
Parcel I.D. Name:
(Maintained by County Appraiser) Co Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
Reserved for Circuit Court
Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes' the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or
limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights
hereinabove granted on the Easement Area heretofore described,, over, along, under and across the roads, streets or highways
adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 .
Signed, sealed and delivered in the presence of:
Print Name:
(WitnessSignature)
(Witness)
Print Name:
(Witness' Signature)
(Witness)
Entity name
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of , 20, by , the
of a , who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
Work Request No.
Sec._, Twp _ S, Rge E
Parcel I. D.
(Maintained by County Appraiser)
EASEMENT
(INDIVIDUAL)
This Instrument Prepared By
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1,00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibit "A" ("Easement Area")
Reserved rar Circuit Coon
Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable
and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress
to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions
within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or
limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power
transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights
hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways
adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_,
Signed, sealed and delivered in the presence of:
Print Name:
(WitnessSignature)
(Witness)
Print Name:
(Witness' Signature)
(Witness)
By:
Print Name:
Print Address:
By:
Print Name:
Print Address:
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before me this
day of , 20, by , and
who is (are) personally known to me or has (have) produced as identification, and who did (did not)
take an oath. (Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
EXHIBIT B
CITY/COUNTY RIGHT-OF-WAY
AGREEMENT FOR UNDERGROUND CONVERSIONS
THIS AGREEMENT (the "Agreement") is made and entered into this day of
, 20 by and between ("Local
Government"), a Florida municipal corporation or county with an address of
and Florida Power & Light Company ("FPL"), a
Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno
Beach, FL 33408-0429.
WHEREAS, Local Government has requested that FPL convert certain overhead
electric distribution facilities located within the following boundaries (the "Conversion"):
(collectively, the "Existing Overhead Facilities") to underground facilities, including
transformers, switch cabinets and other appurtenant facilities some of which may be
installed above ground (collectively, the "Underground Facilities") and has further
requested that certain of the Underground Facilities be placed in certain of its road rights -
of -way ("Local Government ROW") and/or certain road rights -of -way owned by or
under the jurisdiction of other agencies ("Other ROW"). Local Government ROW and
Other ROW may be referred to collectively as "ROW"; and
WHEREAS, as part of FPL's continuing efforts to harden is facilities, FPL will
convert the Existing Overhead Facilities at no cost to the City; and
WHEREAS, FPL is willing, subject to the terms and conditions set forth in this
Agreement, FPL's electric tariff and Section 25-6.115 of the Florida Administrative
Code, to place certain of the Underground Facilities in the ROW. It is expressly
acknowledged, however, that the City is not required to pay a contribution in aid of
construction for the subject Conversion.
NOW THEREFORE, in recognition of the foregoing premises and the covenants
and agreements set forth herein, and other consideration the sufficiency of which is
hereby acknowledged, intending to be legally bound hereby, the parties covenant and
agree as follows:
1. The foregoing recitals are true and correct, and are hereby incorporated by
reference into this Agreement.
Page 1 of 6
2. Conditions Precedent to Placement of Underground Facilities in
ROW
(a) Local Government covenants, represents and warrants that:
(i) Local Government has full legal right and authority to enter into
this Agreement;
(ii) Local Government has fall legal right and authority to take all
actions and measures necessary to fulfill Local Government's
obligations under this Agreement;
(iii) Local Government hereby authorizes the use of the ROW by FPL
for the purposes stated herein.
(b) All applicable permits for FPL to install, construct, or maintain Underground
Facilities in ROW must be issued on a timely basis by the appropriate agency,
subject to the timely filing for permits by FPL.
(c) Local Government agrees to provide, at its expense, a legal description that is
acceptable to FPL of the ROW to be occupied by the Underground Facilities
at a time before FPL initiates the design of the Underground Facilities. Said
legal description shall be made part of this Agreement and attached as Exhibit
"A"
(d) FPL warrants that the design of the Underground Facilities to which Local
Government has agreed are in compliance with all operational and safety
guidelines, codes and standards. FPL and Local Government have mutually
agreed upon the location of the facilities within the ROW as per the
construction drawings. Said construction drawings shall be attached as
Exhibit "B" to this agreement, are part of this agreement, and may be
amended to reflect changes to location of facilities as required.
3. Relocation and Rearrangement of FPL Facilities. If the Local
Government or other agency with control over the Local Government ROW or Other
ROW, for any reason whatsoever, requires that FPL relocate or rearrange, in whole or in
part, any Underground Facilities (as they are to exist as a result of this Conversion, or as
they may later be modified, upgraded, or otherwise altered) from or within the Local
Government ROW or Other ROW, the Local Government, notwithstanding any language
to the contrary in any applicable permit or franchise agreement, and prior to any such
relocation by FPL, shall provide FPL with a substitute location, satisfactory to FPL,
obtain any easements that may be necessary, and shall pay FPL for the costs of any such
relocation, adjustment or rearrangement, now or in the future. Local Government shall
reimburse FPL for all costs to locate, expose, protect or support the Underground
Facilities, whether underground or above ground, in the event of future construction or
excavation in close proximity to the Underground Facilities, when such services are
required by Local Government or other agency with control over the Local Government
ROW or Other ROW Local Government shall use its best efforts in any design and
construction of its future road improvement projects to avoid or mitigate the necessity of
relocating or adjusting the Underground Facilities in Local Government ROW and, to
the extent reasonably practicable, in Other ROW.
Page 2of6
Local Government shall only be responsible for relocation costs associated with
replacement facilities conforming to FPL standards in effect at the time of relocation,
Any costs associated with the replacement facilities to provide increased capacity,
improved reliability, future use facilities, or other such enhancements over and above the
FPL standards in effect at the time of the relocation shall not be the responsibility of
Local Government,
Nothing herein shall preclude Local Government from obtaining reimbursement
for any and all costs requiring FPL to relocate or rearrange any of its Underground
Facilities from that entity which initiated the requirement for the relocation or
rearrangement of the facilities, excluding only other agencies which own or have
jurisdiction over the ROW.
FPL shall be responsible for any and all costs of removal or relocation when such
removal or relocation is initiated by FPL. Additionally, FPL agrees that when any
portion of a street is excavated by FPL in the location, relocation or repair of any of its
facilities when said location, relocation or repair is initiated by FPL, the portion of the
street so excavated shall, within a reasonable time and as early as practical after such
excavation, be replaced by FPL at its expense in a condition as good as it was at the time
of such excavation.
4. Abandonment or Sale of Local Government ROW. If the Local
Government desires to subsequently abandon or discontinue use of the Local Government
ROW, and ownership of the land is transferred to a private party, the Local Government,
as a condition of and prior to any such sale, abandonment, or vacation, shall grant
FPL an easement satisfactory to FPL for the Underground Facilities then existing
within the ROW or require the transferee to so grant FPL an easement satisfactory to
FPL at the time of transfer. If ownership of the Local Government ROW is transferred
to another public entity, that public entity shall take the ROW subject to the terms and
conditions of this Agreement.
5. Term. This Agreement shall remain in effect for as long as FPL or any
successor or assign owns or operates the Underground Facilities placed in the ROW.
6. Title and Ownership of Underground Facilities. Title and ownership of
Underground Facilities installed by FPL as a result of this Agreement shall, at all times,
remain the property of FPL.
7. Conversion Outside ROW. In the event that the FPL Underground
Facilities are not, for any reason other than the sole error of FPL or its contractors,
constructed within the ROW, Local Government shall grant or secure, at Local
Government's sole cost and expense, new easements or ROW grants for the benefit of
FPL for the placement of the Underground Facilities in these areas, and shall secure
subordinations of any mortgages affecting these tracts to the interest of FPL. In the
alternative, at the discretion of Local Government, Local Government shall reimburse
Page 3 of 6
FPL for all costs incurred to remove said facilities which were constructed outside the
ROW and for reinstallation within the ROW. FPL shall be responsible at completion of
construction for notifying Local Goverment in writing of FPL's approval and
acceptance of the conversion as being constructed within the ROW. Upon acceptance
there shall be no further responsibility on the Local Government for relocations
referenced in this paragraph.
8. Agreement Subject to FPL's Electric. Tariff. This Agreement is subject
to FPL's electric tariff, including but not limited to the general rules and regulations for
electric service and the rules of the Florida Public Service Commission. It is expressly
acknowledged, however, that the City is not required to pay a contribution in aid of
construction for the subject Conversion, since this area is part of a feeder line to be
hardened.
9. Venue; Waiver of Jury Trial. This Agreement shall be enforceable in
Miami -Dade County, Florida, and if legal action is necessary by either party with respect
to the enforcement of any or all of the terms or conditions herein, exclusive venue for the
enforcement of same shall lie in Miami -Dade County, Florida. By entering into this
Agreement, FPL and the Local Government expressly waive any rights either party may
have to a trial by jury of any civil litigation related to or arising out of this Agreement.
This Agreement shall be construed in accordance with the laws of the State of Florida.
10, Attorney Fees. In the event it becomes necessary for either party to
institute or defend legal proceedings as a result of the failure of the other party to comply
with the terms, covenants, or provisions of this Agreement, each party in such litigation
shall bear its own cost and expenses incurred and extended in connection therewith_
including, but not limited to attorneys' fees and court costs through all trial and appellate
levels.
11. Assignment. The Local Government shall not assign this Agreement
without the written consent of FPL
12. Recording. This Agreement shall be adopted by the Local
Government and maintained in the official records of Local Government for the
duration of the term of this Agreement. This Agreement also shall be recorded in
the Official Records of the County in which the Underground Facilities are located,
in the place and in the manner in which deeds are typically recorded.
13. Conflict between Terms of Permit or Franchise Agreement. In the
event of a conflict between the terms of this Agreement and any permit or franchise
agreement entered into by Local Government and FPL, the terms of this Agreement shall
control.
14. Notice. Any notice, instruction or other communication to be given to
either party hereunder shall be in writing and shall be hand delivered, telecopied, sent by
Page 4 of 6
Federal Express or a comparable oveniight service or by U. S. registered or certified mail,
with return receipt requested and postage prepaid to each party at their respective
addresses set forth below:
As to Local Government:
With copies to:
As to FPL:
Page 5 of 6
IN WITNESS WHEREOF, Florida Power & Light Company and Local
Government have executed this Agreement on the date first set forth above.
For LOCAL GOVERNMENT:
By:
(signature)
Name:
(print or type)
Title:
(print or type)
By:
(signature)
Name:
Title:
(print or type)
(print or type)
Approved as to Terms and Conditions:
(signatw. e/title)
Approved as to Form and Legal Sufficiency:
(signature/title)
For FLORIDA POWER & LIGHT COMPANY
By:
(signature)
Name:
(print or type)
Title:
(print or type)
Page6of6
Y3o
:AV of Marnr
Design District
1 ,
Design District
Parcels
.1+1* Rail
Legend
Wynwood
Wynwood
Parcels
Park
l l i l l l l l l Rail
�f it 1 Y1 J
250 500 1,000 Fee
!I
J
1
T
Z
r
NNM3RD-Sr
--NW 22NI -ST
2
2
LOQ
z
tl//
E2 TH-ST
-F E zary_sr z
�- I1111
Vm NE:23R -STT
417
N '22NDST
,-NE 21 ST ST—
\`NE 207H TER —
NE 20TH-STW
`"
u
NE=19TH4ER
II
NW 37TH ST
NW 36TH ST
NW 33RD ST
NW 32ND ST
NW3ISTST
NW 30711 ST
NW 29TH ST
Midtown
NE 32N0 ST
NE 31ST ST
NE 30TH ST
NE 29TH ST
NE 36TH ST
NE 36TH TER
N_1
NE 35TH ST
NE 34TH ST
NE 39RD ST
NE'32ND-ST
NE 31ST
Legend
Midtown
Parcels
11111111' Rail
City of Miami
West Brickell
1
SW6THST
SW'8TH-ST
West Brickell
N
Parcels
Ill I I III II I Metro Rail
0 175 350 700 Fee
1.1.arn Rrvar
�- crernwok---
SW-10TH-ST
SW-11TH-ST—
SW-1..2TH-ST
SW 13TH ST
SW STH ST
xhi
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE -COCONUT GROVE INJECTION TRANSMISSION
PROJECT
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
Contingent and Contractual Liability
Primary Insurance Clause Endorsement
Explosion, Collapse & Underground Hazard
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Endorsements Required
City of Miami listed as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami listed as an additional insured
Excess Form over all applicable liability policies
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
FPL.
Evidence of Self -Insurance
July 06, 2017
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
RE: Self -Insurance Documentation for Florida Power & Light Company ("FPL")
To Whom It May Concern:
This letter confirms FPL's self -insured retention / self-insurance (together, the "Self -Insurance")
as requested from FPL by City of Miami as required in the Terms of Agreement for Coconut
Grove Injection Transmission Project (the "Agreement"). This Self -Insurance letter pertains only
to FPL's and/or its Contractors related to the work as described further in the Agreement. FPL
will maintain Self -Insurance for the following insurance coverage:
General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for Bodily
Injury and Property Damage.
Automobile Liability: $1,000,000 per occurrence combined single limit for Bodily Injury,
Property Damage for owned, hired, borrowed, leased and non -owned vehicles.
Workers' Compensation and Employers' Liability: with limits of not less than
S1,000,000.
Excess/Umbrella Liability: S1,000,000 per occurrence and aggregate for Bodily Injury and
Property Damage.
Certificate Holder and Additional Insured: City of Miami
FPL agrees to be responsible for risk of loss, or damage to the equipment or liability coverage
described per the terms of the Agreement with City of Miami.
For a copy of NextEra Energy, Inc.'s latest annual report as evidence of FPL's financial ability
to self -insure, please copy and paste the following link into your web browser:
http://www.next eraener v.com/inves to rs/i ndex .shtml.
Sincerely,
'race Jenk ns
Grace Jenkins
Principal Risk Management Analyst
700 Universe Blvd, Juno Beach, FL 33408