Agenda 09/24/2013 Item #16E 3QQ
9/24/2013 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve Florida Power & Light Company's (FPL) Underground
Road/Pavement Crossing Agreement, an Underground Distribution Line Agreement, and
a Lump Sum Relocation Agreement, in the total amount of $35,228.04 for new FPL
services at the Gordon River Greenwa Park (GRGP) Project #80065
OBJECTIVE: To obtain FPL services for the Golden Gate Parkway parking area (NE Node) of
the GRGP and to relocate existing, overhead, power Distribution Lines and a Distribution Line
Pole at the new entryway of the Goodlette Frank Road parking area (West Node).
CONSIDERATIONS: Board approval of the required agreements between Collier County and
FPL is required for FPL to complete the installations. Work progression is as detailed below:
1. On February 26, 2013, Agenda Item I LH, the Board approved construction of the GRGP
Project under ITB 13- 5986R. Construction began on May 03, 2013.
2. On July 29, 2013, FPL provided the agreements needed for their work to commence.
3. There are existing Power lines on the north side of Golden Gate Parkway. The
Underground Road/Pavement Crossing Agreement will allow power lines to be brought
southward underneath the road and into the NE Node.
4. The Underground Distribution Line Agreement will then authorize power lines to be
distributed underground within the NE Node to provide service.
5. Existing, overhead Distribution Lines are currently used to provide electrical service to
the Zoo, and they will also service GRGP Facilities at the West Node. The West Node
parking area is to be shared by the GRGP Facilities and the Zoo. The Distribution Lines
are strung above the sidewalk in front of the Zoo's current overflow parking, which will
be reconfigured as part of the West Node parking area. The lines are attached to one
wooden Distribution Line Pole and to (under built) four wooden Transmission Line
Poles, which are all located along the existing sidewalk. The wooden Transmission Poles
are currently being converted to concrete by a separate FPL project.
6. The Lump Sum Relocation Agreement will authorize moving the wooden Distribution
Pole from its location in the sidewalk, out of conflict with a new turn lane into the West
Node and appropriately transferring the Distribution Lines between all the new poles.
Upon execution of these agreements, the issuance of the associated PO's, and the completion of
FPL's installations, the subsequent phases of the GRGP Project can continue on schedule.
FISCAL IMPACT: Underground Distribution Lines within the NE Node are to be installed at a
cost of $2,891.69. The Pole and Overhead Distribution Lines are to be relocated at the West
n.
Node for a total cost of $32,336.35. This amount is within the project budget identified for these
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9/24/2013 16.E.3.
items, with funds available in GRGP Project #80065. Source of fimding for this project is a
grant received from Florida Community Trust, Naples Zoo, Inc, and Conservation Collier.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approves and authorizes the Chairwoman to execute
the agreements with FPL in the total amount of $35,228.04 for new FPL services at the GRGP
Prepared By: Claude Nesbitt, Senior Project Manager, Facilities Management Department
Attachments: (1) Underground Road/Pavement Crossing Agreement, (2) Underground
Distribution Facilities Installation Agreement, (3) Pole and Overhead Lines Relocation
Agreement
,/—*N
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9/24/2013 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve Florida Power & Light Company's (FPL)
Underground Road /Pavement Crossing Agreement, an Underground Distribution Line
Agreement, and a Pole and Overhead Lines Relocation Agreement in the total amount of
$35,228.04 for new FPL services at the Gordon River Greenway Park (GRGP) Project #80065.
Meeting Date: 9/24/2013
Prepared By
Name: NesbittClaude
Title: Project Manager, Senior,Facilities Management
9/6/2013 4:04:53 PM
Approved By
Name: JonesHank
Title: Project Manager, Principal,Facilities Management
Date: 9/16/2013 8:24:49 AM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 9/16/2013 9:35:32 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 9/16/2013 10:20:02 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 9/16/2013 10:43:28 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 9/16/2013 11:27:36 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
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Date: 9/16/2013 1:40:55 PM
9/24/2013 16.E.3.
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 9/16/2013 2:25:07 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 9/16/2013 5:28:46 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2013 8:33:24 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/17/2013 11:37:07 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/17/2013 12:03:26 PM
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UNDERGROUND ROAD /PAVEMENT CROSSING AGREEMENT
FPL WR #: 4547370
This Agreement, made this day of , 2013, by and between Collier County BCC (hereinafter called the Customer) and
Florida Power & Light Company, a corporation organized 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 under a dedicated roadbed described as follows: Entrance road to NE oarkino node
Project Name Gordon River Greenway Park. NE Node Phase 1
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 and cable markers provided by FPL in accordance with the instructions and specifications attached to
this Agreement,
b) 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,
C) at the request of FPL, correct any discrepancies 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, and
d) provide survey control points for FPL to stake the road /pavement crossing.
2. FPL shall:
a) provide instructions and specifications for the installation of FPL- provided conduit,
b) provide conduit and cable markers to the Customer for the installation of underground facilities at the specified
roadipavement crossing,
C) provide staking for the Customer at the specified roadipavement crossing,
d) inspect the underground distribution facilities prior to the backfilling of the trench to insure proper installation of said
facilities, and
e) apply a credit in the amount of 5 3,849.51 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.
3. This agreement is subject to FPL's General Rules and Regulations for Electric Service and the Rules of the Florida Public
Service Commission.
IN WITNESS WHEREOF the parties hereto have caused the Agreement to be duty executed to be effective as of the day and year
first written above:
APPLICANT:
SIGNED
NAME
TITLE
�-��Approv as orm and legality
Assistant Colony Attorney
FPL: '\
SIGNED J 1
NAME_ c
-f V -} y r �P
TITLE i7 (Z . l-r:� *J C.AA— SV ECAAAAS—r
A7 TEST.
DWIGHT E. BROOK, Mork
B
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FPL
WR# 4547370
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
This Agreement, made this _ day of by and between Collier County BCC (hereinafter called the Customer) and
FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL).
WITNESSETH:
Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as Gordon River
Greenway Park, NE Node., Naples, Florida.
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 pay FPL a Contribution in Aid of Construction of $6,741.20 (the total Contribution) to cover the differential cost
between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service
Commission by FPL and is more particularly described on Exhibit A attached hereto.
2. That a credit of $3,849.51 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and
other work, as shown on Exhibit B, If applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment
shall be $2,891.69.
3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the
Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in
the Customers plans submitted to FPL on which the contribution was based shall be paid for by the Customer, The contribution does
not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or
underground facilities to serve the property identified above.
4. That the Contribution provides for 120240 volt, single phase (120/240 volt, single phase for URD Subdivisions) underground electrical
service with facilities located on private property in easements as required by FPL The contribution is based on employment of rapid
production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary
conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances.
5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff.
If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory
arrangements have been made with the Customer as specified by FPL
Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL.
6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage
subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained,
and recorded, at no cost to FPL, prior to trenching, installation and /or construction of FPL facilities. FPL may require mortgage
subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in
the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to
the recordation of the mortgage, (3) FPUs facilities are or will be used to serve other parcels of property, or (4) other circumstances
exist which FPL determines would make such a subordination necessary.
a) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description, and exact
name of the legal owner to be used when an easement is prepared, as required by FPL.
b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the
Customer's construction site, as required by FPL.
Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require
the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no
cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the
Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for
subordination of the lien of the mortgage to utility easements, or 3) FPt's facilities are or will be used to serve other parcels of
property.
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9/24/2013 16.E.3.,
Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following:
a) Paving, grading, and drainage plans showing all surface and sub - surface drainage satisfactory to FPL,
b) A construction schedule,
c) An estimate of when electric service will be required, and
d) Copies of the Customer's final construction plans as well as other construction drawings (plot; site, sewage, electrical, etc.) requested by FPL
plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the
requirements for recording (except approval by the governing body) by a registered land surveyor.
Prior to FPL construction pursuant to this agreement, the Customer shall:
a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including
the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump
removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized.
b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable
trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the
location, depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be
installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the
Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or
subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes.
c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said
relocation or repair is a result of a change in the grading by the Customer or any of the Customers contractors or subcontractors from the
time the underground facilities were installed; and, that subsequent repair to FPUs system, once installed, will be paid by the Customer if said
repair is a result of damage caused by the Customer or any of the Customers contractors or subcontractors.
d) Provide sufficient and tamely advance notice (3Q days) as required by FPL, for FPL to Install Its underground distribution facilities prior to the
installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. in the absence of sufficient coordination, as
determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of
restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be Installed
prior to FPL's facilities, shall be bome by FPL.
e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation
expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade.
I) Provide applicable trenching, badcfilling, installation of Company provided conduit and otherwork in accordance with FPL specifications more
particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, wittdn two (2) working days,
found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay 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 a meter enclosure, downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate FPL's
service cable size and design. These Items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved in
modifying or replacing items which do not meet the above criteria.
9. FPL shall:
a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and
specifications required by FPL and to be adhered to by the Customer.
b) install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted.
c) Request the Customer to participate in a pre - construction conference with the Customers contractors, the FPL representatives and other
utilities within six (6) weeks of the start of construction. At the pre - construction conference, FPL shall provide the Customer with an estimate of
the date when service may be provided.
10. 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, as they are now written, or as they may be revised, amended or supplemented.
11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL.
The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the
Customer's receipt of a certificate of occupancy.
A pted:
e :
(o '7rC7 l Accepted:
For FPL (D )
Customer ate
Approved as to form and legality Wdness (Date)
ATTEST: witness (Date)
Assistant County AMMCY DWIGHT E. BROCK, Clerk
a
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FPL
LUMP SUM RELOCATION AGREEMENT
9/24/2013 16.E.3.
Florida Power & Light Company
Applicant COLLIER COUNTY BOCC agrees to pay FPL the lump sum amount of $32,336.35 to relocate
DISTRIBUTION OVERHEAD FACILITIES ALONG GOODLETTE RD IN FRONT OF THE NAPLES ZOO,
WORK INCLUDES RELOCATING A POLE FOR THE PROPOSED TURN LANE AND TRANSFERRING ALL
UNDERBUILT DISTRIBUTION FACILITIES TO THE NEW TRANSMISSION POLES.
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 4/24/2012. 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 may 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 Parry'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. 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.
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9/24/2013 16.E.3.
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 Inc.'s Risk Management Department with notice of the name and
address of Applicants contractors prior to the commencement of the Relocation of FPL Facilities by FPL.
This agreement may be terminated at any time upon written agreement between Applicant and FPL.
Utility Work Schedule FPL will perform the relocation in accordance with the Utility Work Schedule(s)
submitted to the Applicant.
FLORIDA POWER & LIGHT MPANY:
By
Prin ame: JORDAN C. COOK
pp%;W nIATOR
Date: August 6, 2013
Assistant County Attorney
APPLICANT:
By:
Print Name:
Title:
ATTEST: Date:
DWIGHT E. BROCK, Ck*
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