Agenda 01/08/2013 Item #16A 7 1/8/2013 Item 16.A.7.
EXECUTIVE SUMMARY
Recommendation to authorize a reimbursement in the amount of $7,410.32 to Florida
Power and Light for Utility Relocation and the approval of a Utility Relocation Agreement
between Collier County and Florida Power and Light for "Accelerated Bridge
Construction Projects: White Boulevard Bridge Replacement (#034021)," Project No.
66066.
OBJECTIVE: To obtain authorization to reimburse Florida Power and Light (FPL) for
relocating its existing overhead primary laterals from its existing utility easement to a new
location underground to avoid conflict with the White Boulevard Bridge Replacement and boat
ramp construction.
CONSIDERATIONS: On September 11, 2012, the Board approved a construction contract for
the replacement of the existing White Boulevard Bridge. A letter of Notice to Proceed was
awarded to the contractor on November 7, 2012.
During the design of the White Boulevard Bridge replacement, it was discovered that the
existing FPL overhead facilities would be in conflict with the construction of the new bridge and
new boat ramp and needed to be relocated. Staff requested that FPL move its facilities and a new
location was coordinated whereby the existing utilities would be relocated to a new underground
location. A utility work schedule (UWS) was issued and signed by FPL and accepted by
Transportation staff. FPL has requested reimbursement for the relocation of its facilities.
The County entered into a standard Relocation Agreement with FPL to provide reimbursement
for the utilities that are being relocated from a previously subordinated easement to a new
easement. Purchasing staff obtained review for legal sufficiency by the County Attorney staff on
October 30, 2012. The Interim Purchasing Director executed the agreement on November 11,
2012 and a purchase order was issued per the Board's Purchasing Policy:
• XV F Contract Approval: All formal, bilateral contracts for commodities and services in
excess of the formal, competitive threshold shall be authorized by the Board of County
Commissioners. Such agreements for purchases less than or equal to the formal,
competitive threshold may be authorized and executed by the Purchasing Director,
subject to the review and approval for legal sufficiency by the Office of the County
Attorney.
On December 6, 2012,the Clerk's Finance Office indicated: "The agreement would need to have
legal sufficiency and be approved by the Board before we could make payment."
Staff recommends that the Board approves the Utility Relocation agreement and the payment for
the reimbursement of service provided by Florida Power and Light in order for the Clerk's
Finance Office to pay for service under the attached agreement.
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1/8/2013 Item 16.A.7.
FISCAL IMPACT: Funds in the amount of$ 7,410.32 will be funded from gas taxes.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval—SRT.
RECOMMENDATION: That the Board of County Commissioners authorize a reimbursement
to FPL, in the amount of $7,410.32 and approve the Utility Relocation Agreement between
Collier County and Florida Power and Light for "Accelerated Bridge Construction Projects:
White Boulevard Bridge Replacement(#034021)."
Prepared by: Marlene Messam, Sr. Project Manager, Transportation Engineering
Attachments: 1)FPL Relocation Quote; 2)Agreement; 3)Purchase Order
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1/8/2013 item 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7.
Item Summary: Recommendation to authorize a reimbursement in the amount of
$7,410.32 to Florida Power and Light for Utility Relocation and the approval of a Utility
Relocation Agreement between Collier County and Florida Power and Light for"Accelerated
Bridge Construction Projects: White Boulevard Bridge Replacement (#034021)," Project No.
66066.
Meeting Date: 1/8/2013
Prepared By
Name: MessamMarlene
Title: Project Manager, Senior,Transportation Engineering
12/6/2012 4:01:57 PM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: MessamMarlene
12/6/2012 4:01:59 PM
Approved By
Name: RitterSteve
Title:Manager-Road Construction,Transportation Engineering&Construction Management
Date: 12/7/2012 8:22:02 AM
Name: PutaansuuGary
Title: Project Manager,Principal,Transportation Engineer
Date: 12/7/2012 10:14:19 AM
Name: TaylorLisa
Title:Management/Budget Analyst,Transportation Administr
Date: 12/7/2012 1:18:39 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
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1/8/2013 Item 16.A.7.
Date: 12/10/2012 7:14:57 AM
Name: LynchDiane
Title:Administrative Assistant
Date: 12/10/2012 2:06:57 PM
Name: ShueGene
Date: 12/10/2012 5:42:10 PM
Name: WardKelsey
Title:Manager-Contracts Administration,Purchasing&Ge
Date: 12/11/2012 9:04:13 AM
Name: AhmadJay
Title:Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 12/18/2012 8:56:27 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/19/2012 2:50:28 PM
Name: TeachScott 04
Title: Deputy County Attorney,County Attorney
Date: 12/26/2012 3:36:48 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/27/2012 9:09:04 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/28/2012 4:36:48 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 12/31/2012 10:01:14 AM
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1/8/2013 Item 16.A.7.
Florida Power&Light Company
PPL
LUMP SUM RELOCATION AGREEMENT
Applicant COLLIER COUNTY BOCC agrees to pay FPL the lump sum amount of $7,410.32 to relocate
EXISTING OVERHEAD PRIMARY LATERAL TO 2361 WHITE BLVD UNDERGROUND AND TO NEW
LOCATION TO AVOID CONFLICT WITH BRIDGE CONSTRUCTION AND BOAT RAMP. EXISTING FPL
FACILITIES ARE LOCATED IN UTILITY EASEMENT THAT WAS SUBORDIANTED BY COLLIER COUNTY
FOR THE WHITE BLVD BRIDGE CONSTRUCTION PROJECT.
Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the
Applicant's plans which are dated 11/4/2011. Applicant understands that this agreement is solely for the
relocation of FPL facilities. It is the Applicant's responsibility to contact the owners of facilities co-located on
FPL's poles (such as telephone, cable and wireless/cell phone providers), and to negotiate,and pay the cost of,
the relocation of such facilities. Applicant understands that FPL's work under this agreement cannot proceed
until such third party negotiations have been completed.Applicant shall provide FPL with written documentation
from each such third party provider reflecting the date upon which such third party facilities will be relocated.
Applicant also agrees that any scope of work changes listed below will result in FPL providing a revised Lump
Sum cost which Applicant is obligated to pay.
These scope changes are:
1. Change in Applicant's plans/schedule which will affect FPL's relocation.
2. Any error in Applicant's plans which will affect FPL's relocation.
Applicant agrees to issue a purchase order for the lump sum cost of the relocation to FPL in advance of
construction commencement. The full Lump Sum amount for this relocation will be due upon completion of
FPL's construction activities. This Lump Sum amount is non-refundable, provided, however if this agreement is
terminated or indefinitely suspended, the Applicant shall be responsible for the costs actually incurred by FPL
and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL
shall refund the balance.
Applicant acknowledges that high voltage electric lines are located in the area of Applicant's project and agrees
to warn its employees, agents, contractors and invitees,new and experienced alike, of the danger of holding on
to or touching a cable or other piece of equipment that is located or working close to any overhead power line
and to use all safety and precautionary measures when working under or near FPL's facilities. Applicant
acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached hereto.
Limitations of Liability. Neither Party shall be liable in contract, in tort(including negligence), or otherwise to the
other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of
profits or revenue on work not performed,for loss of use or under utilization of the Party's facilities,or loss of use
of revenues or loss of anticipated profits resulting from either Party's performance, nonperformance, or delay in
performance of its obligations under this Agreement.
Indemnification. Subject to the limits of 766.28. Fla. Stat., the Applicant shall indemnify, defend and hold harmless
FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL
Entities")from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the Applicant,
its contractors, subcontractors or employees, including attorney fees,for injury to or death of person(s) and property
damage arising or resulting in connection with any activity associated with work or service under this Agreement,
EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns, the
Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole
negligence of FPL Entities. The Applicant's obligation to protect, defend and hold FPL Entities free and unharmed
against such liabilities shall be subject to the limitation set forth in Section 768.28(5) Florida Statutes, except in the
event the Applicant purchases insurance covering the liability with limits in excess of the statutory limits, the
Applicant's obligation shall extend up to but shall not exceed the limits of that insurance.
an FPL Group Company
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1/8/2013 Item 16.A.7.
Florida Power&Light Company
FPL
Insurance. If the Applicant utilizes its own personnel in the construction or maintenance work
around the subject Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant
insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a
broad form contractual endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and
affiliates and their respective officers, directors and employees to be named as additional named insured on the
Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability
coverage maintained by or on behalf of FPL up to the$1,000,000 limit of liability.
In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective
date of this or such other date as to protect the interest of FPL and the coverage shall survive the termination of
this Agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions
based in contract or in tort(currently,five years). If coverage is an "occurrence" basis, such insurance shall be
maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or
materially altered without at least thirty(30)days written notice to FPL.
The Applicant shall provide FPL with evidence of such liability insurance coverage and the standard insurance
industry form (ACORD)without modification. A copy of the policy shall be made available for inspection by FPL
upon reasonable request.
Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts
between the Applicant and its general contractors who perform or are responsible for construction or
maintenance work on or around the subject FPL Facilities:
"The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and
FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims,
demands, liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for
bodily injuries or death to person(s) or damage to property resulting in connection with the performance of
the described work by Contractor, its subcontractor, agents or employees. This indemnification shall
extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or
property damage combined single limit and $3,000,000.00 occurrence aggregate. In the event the
Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall
extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and
FPL, including attorneys'fees are excluded from and are in addition to the aforesaid limitation of liability for
injury,death and property damage."
Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover
the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect.
The Applicant shall provide FPL Group Ines Risk Management Department with notice of the name and
address of Applicant's contractors prior to the commencement of the Relocation of FPL Facilities by FPL.
This agreement may be terminated at any time by the Parties upon 30 days written notice.
FLOR¢APOWER&LIGHT/COMPANY: APPLICANT: —1 _
B ((,,.t. ,e6. r' f.r' By tom-
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Print fame:JORDAN C. COOK P t-Narlie: .,10Nt3 i>t; i� _c,
Title: RELOCATION COORDIANTOR Title`1)t cn =I ur e..t A tO
Date: 11/13/2012 Date: it. o l I-
I
an FPL Group Company
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Work Request Charges Quotation 1/8/2013 Item 16.A.7.
FPL-Power Systems
To: MARLEEN MESSAM Quote Number: NA46134812
COLLIER COUNTY BOCC Description: CIAC CHARGES FOR RELOCATION OF
2885 HORSESHOE DR S FACILITIES IN SUB-ORDINATED EASEMENT
NAPLES, FL 34104 AT REQUEST OF COLLIER COUNTY FOR
RELOCATION WORK @ SUBORDINATED WHITE BLVD BRIDGE PROJECT.
EASEMENT FOR WHITE BLVD BRIDGE
Quote Date: 9/11/2012
Preferred Option: Yes
No. Payments:
Project: 66066
NA-ACCELERATED BRIDGE CNST PILOT PROJECT
Quotation Details Due
Unit Before
Description Refundable? Cost Quantity Total Work Paid
Lump Sum No 7,410.32 1 7,410.32 N
Charges Due Before Work Starts: 0.00
Tax: 0.00
Subtotal: 0.00
Charges Due On Completion: 7,410.32
Tax: 0.00
Subtotal: 7,410.32
Total Charges: 7,410.32
Total Tax: 0.00
Total Including Tax: 7,410.32
Total Refundable: 0.00
Total Non-Refundable: 7,410.32
Packet Page -1166-
Send all Invoice 1/8/2013 Item 16.A.7.
Collier County Board of County Commissioners i.L,i Collier County Board of County Commissioners
Purchasing Department 'F Attn:Accounts Payable
Phone:239-252-8407 3299 Tamiami Trl E Ste 700
Fax: 239-732-0844
.,,,,.. Naples FL 34112-5749
Tax Exempt:85-8012621830C-2 o[;n`- OR email to:bccapclerk @collierclerk.com
Purchase Order number must appear on all related
correspondence,shipping papers and invoices:
Vendor# 113405 Purchase order
FLORIDA POWER&LIGHT COMPANY PO Number 4500141483 Date 12/04/2012
700 UNIVERSE BLVD
Contact Person TECM Admin
JUNO BEACH FL 33408
Please deliver to:
GROWTH MANAGEMENT DIVISION C&M Delivery Date: 09/30/2013
TRANSPORTATION ENGINEERING
2885 S HORSESHOE DR
NAPLES FL 34104
Terms of Payment Net 30 Days Currency USD
Item Material Description Order Qty Unit Price Per Unit° Net Value
00010 UTILITY RELOCATION WHITE BLVD 7,410.32 each 1.00 7,410.32
313-163673-634999-66066.8.5
BRIDGE 034021
Total net value excl.tax USD 7,410.32
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site:
http://www.colliergov.net/Index.aspx?page=762(revision date 01/22/2008),including delivery and payment terms.Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices,terms,delivery method and
specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:
Collier County Board of County Commissioners
Attn:Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112-5749
OR email to:bccapclerk @collierclerk.com
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
Joanne Markiewicz,General Services/Purchasing Director
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