FPL Underground Road/Pavement Crossing Agreement WR a#5618445
8719
FPL.,
UNDERGROUND ROAD/PAVEMENT CROSSING AGREEMENT
This Agreement,made this '1 day of 1,01,14 ,2017,by and between Collier County(hereinafter called the Customer)and
Florida Power& Light Company,a corporatiom4rganixed and existing under the laws of the State of Florida(hereinafter called FPL).
WHEREAS the Customer has requested the pre-approval of the location and installation of underground distribution facilities to be
located in a described FPI,easement provided by the Customer.
Project Name:NERDC
WITNESSETH
That,for and in consideration of the covenants and agreements herein set forth,the parties hereto covenant and agree as follows:
1.The Customer shall:
a) Install conduit,cable markers,and associated materials provided by FPL in accordance with the instructions and
specifications attached to this Agreement;
b) be solely responsible for the installation of conduit at the correct location and the correct depth pursuant to the FPL
construction drawings and specifications;
c) assume liability for any delays and/or additional costs to FPL caused by a conduit installation that is not consistent
with the instructions and specifications attached to this Agreement;
d) assume liability for materials lost,stolen,or damaged once the Customer receives the material;
e) provide reasonable notification of the conduit installation date and allow FPL to inspect the conduit installation
prior to backfilling the trench created for the underground distribution facility;
f) at the request of FPL,correct any discrepancies,within two(2)working days,found in the installation that are
inconsistent with the instructions and specifications attached to this Agreement,or pay FPL the associated cost to
correct the installation within thirty(30)days of receiving the associated bill,and in either case,
reimburse FPL for costs associated with lost crew time due to such discrepancies;
g) provide survey control points for FPL to stake the road/pavement crossing;
h) provide"as built"prints within two(2)weeks of final installation,and
i) provide for pick-up of materials.
2. FPL shall:
a) provide instructions and specifications for the installation of FPL-provided conduit;
b) provide conduit,cable markers,and required materials to the Customer for the installation of underground facilities
at the specified road/pavement crossing;
c) provide staking for the Customer at the specified road/pavement crossing;
WR# 5618445
t R719
FPP
dl inspect the underground distribution facilities prior to the backfilling of the trench to insure proper installation of
said facilities;
e) furnish any additional material at the current cost plus applicable loading and delivery charges;
0 apply a credit in the amount of SO in the event that the Customer has made or has agreed to
make a contribution in aid of construction for other underground distribution facilities associated with this
Agreement;
g) assume no liability for materials lost,stolen,or damaged once received by the customer;
h) assume no liability for delays caused by delivery deficiency, including,but not limited to,insufficient,lost,stolen.
or damaged material;
i) assume no liability for delays because of misunderstanding of installation drawings or specifications;
j) assume no liability for delays or additional cost caused by an inadequacy of the conduit system installation,and
k) assume no liability for special incidental or consequential damages of any nature.
3.This agreement is subject to FPL's General Rules and Regulations for Electric Service and the Rules of the Florida Public Service
Commission. f
S,. bleci' +o 4-1,e 1��.h44 ;�/y�s stt fo"4-t• rJ Sec+, a.a "Coq.ZBIFlvred4
4.Customer agrees to protect,defend, indemnify and hold FPL.its officers,directors,employees,and agents(FPL Entities)free andS} s
unharmed from and against any and all claims,liabilities,loss,costs,or damages whatsoever,related to any claim made by tenants,
invites,guests,any other or third parties,including court costs and attorney's fees,whether or not due to or caused in whole or part by 1;
the negligence of FPL Entities,resulting from or in connection with the performance of this Agreement by either party hereto. �' )401
ARA e
IN WITNESS WHEREOF the parties hereto have caused the Agreement to be duly executed to be effective as of the day and year
first written above:
APPLICANT: j FPL:
SIGNED �� SIGNEDCLI"'•d
SNA, 1"111A1e.s.
Andy Solis
NAME - NAME Anna Smith Bradley
Chairman
TITLE -- - TITLE Associate Engineer
Approved as to form and legality "DWIGHT E. 1:3ROC K, Cearic
: r"e 41111:As i. ant County A t► ncyAttest as to Chairman's
D `1' signature only= a.CO
4-,>5.....4/5126/8 �`�
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