Legislation Details

File #: 25-509   
In control: Port - Seaport Engineering and Construction
Agenda Date: 5/6/2025 Final action: 5/6/2025
Title: MOTION TO APPROVE Underground Duct Bank & Manhole Installation Agreement and Underground Utility Easement for the purpose of supplying electrical power to the Southport Phase IXa Container Yard Development Project at Port Everglades, authorizing the payment of $1,627,725 to Florida Power & Light ("FPL") as Contribution In Aid of Construction for the work, and granting FPL a perpetual, non-exclusive underground utility easement; authorize the Mayor and Clerk to execute the Agreement and Easement; and authorize recordation of same.
Indexes: Established Commission Goals
Attachments: 1. Exhibit 1 - Underground Duct Bank & Manhole Installation Agreement, 2. Exhibit 2 - Exhibit A to FPL Agreement: Facilities to Relocate Service for Phase IX-A, 3. Exhibit 3 - Exhibit B to FPL Agreement: Underground Easement (Business), 4. Exhibit 4 - Exhibit C to FPL Agreement: Easement Area-Easement Legal Description and Sketch
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Joseph Morris

Department:                       Port Everglades                                          Division: Seaport Engineering and Construction

 

Information

Requested Action

title

MOTION TO APPROVE Underground Duct Bank & Manhole Installation Agreement and Underground Utility Easement for the purpose of supplying electrical power to the Southport Phase IXa Container Yard Development Project at Port Everglades, authorizing the payment of $1,627,725 to Florida Power & Light (“FPL”) as Contribution In Aid of Construction for the work, and granting FPL a perpetual, non-exclusive underground utility easement; authorize the Mayor and Clerk to execute the Agreement and Easement; and authorize recordation of same.

 

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Why Action is Necessary

Broward County Board of County Commissioners’ approval is required to grant an interest in real property.

 

What Action Accomplishes

Approves the Underground Duct Bank & Manhole Installation Agreement to install a new electrical service to provide electrical power to Southport Phase IXa Development and provides FPL with a perpetual, non-exclusive utility easement to provide for the installation, operation, and maintenance of electricity and power improvements to this project.

 

Goal Related Icon(s)

☒County Commission

☐Go Green

☐MAP Broward

 

Previous Action Taken

None

 

Summary Explanation/Background

THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

 

The action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building Partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”

 

This agreement with Florida Power & Light (“FPL”) provides for the design, specifications, and construction for the relocation of an overhead primary power line and the installation of a new underground duct bank, access structures, as well as cabling and other appurtenances to provide electrical power to the Port Everglades Southport Phase IXa Container Terminal Project. In addition, FPL requires the County to grant a perpetual, non-exclusive utility easement in favor of FPL to provide for the installation, operation, and maintenance of electricity and power improvements to this project. The easement is located in the Midport area of Port Everglades and extends from the corner of SE 18th Avenue and Eller Drive to a location approximately 1,850 feet south where electrical services will be provided to the development.

 

To date, the Port, through its contract with Moss/Kiewit, a Joint Venture Managing General Contractor (RFP #X1349802P1), approved by the Board on May 23, 2017 (Item No. 66), has installed the required underground conduits and performed restoration in those areas.    Upon approval of this Agreement and the granting of the Utility Easement, FPL will proceed with the balance of the necessary work to provide power to the Southport Phase IXa container terminal site. This Agreement also includes a one-time payment of $1,627,725, including $1,109,403 in material costs, for the Contribution In Aid of Construction (“CIAC”) payable to FPL upon execution of the Agreement to cover FPL’s costs of improving the infrastructure necessary for the purposes of providing electrical service to the Port project.

 

The Agreement and Underground Easement were prepared by FPL using FPL forms. While these forms differ from County’s standard forms, the Office of the County Attorney negotiated modifications to the indemnification provisions and protections for damage to County property, among other minor modifications for clarity. The revised forms have been reviewed and approved as to form by the Office of the County Attorney.

 

Source of Additional Information

John C. Foglesong, P.E., Enterprise Director, Capital Projects, Port Everglades Department, Seaport Engineering & Construction Division (954) 468-0142

 

Fiscal Impact

Fiscal Impact/Cost Summary

Source of funding for the $1,627,725 is the Port Everglades Capital Fund.