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FPL Agreement Forms l \VR#5299990(UG) FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement,made this "NN day of ,2014,by and between Collier County Government(hereinafter called the Customer)and FLORIDA POWER&LIGHT C MPANY,a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). VITNESSET11: Whereas,the Customer has applied to FPi.for underground distribution facilities to be installed on Customer's property known as 11565 Tamiarni TrI E.located in Collier, 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 FPI,a Contribution in Aid of Construction of 50.00 (the Contribution)to cover the di0erential cost between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service Commission by F['L and is more particularly described on Exhibit A attached hereto and as follows:INSTALL(I)300KVA(120/208V)TTIREE PHASE PAD-MOUNTED TRANSFORMERS AND UNDERGROUND PRIMARY. CUSTOMER TO INSTALL ALL FPL PROVIDED 5"CONDUIT AND TRANSFORMER PAD. 2. 3. That a credit of 50,00 shall be provided to the Customer for trenching,backfilling,installation of Company provided conduit and other work,if applicable,and approved by Ft'L,if such credit applies,the resulting Contribution cash payment shall be SO 4. 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 Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost ofcanversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 5. That the Contribution provides for 120/208V 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. 6. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff i 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. 7. That good and sufficient easements,including legal descriptions and survey work to produce such casements,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)FPL's 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 Punish FPi.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. h) 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. c) 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 subordination 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: I) 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 oldie mortgage to utility casements,or 3) FPL's facilities are or will be used to serve other parcels of property. 8. 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. 0 • \VR#5299990(UG) FPL 9.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 nois-FPL underground facilities within or near the easement where FPI,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 FPI., 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 FPI.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 Customer's contractors or subcontractors from the time the underground facilities were installed;and,that subsequent repair to FPL's 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 Customer's contractors or subcontractors, d) Provide sufficient and timely advance notice(Sdays)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 home 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. 1) Provide applicable trenching,backfilling,installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit 13 attached hereto.At the discretion of FPL,either 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 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 FPI,prior to purchase. FPI,will not be responsible for costs involved in modifying or replacing items which do not meet the above criteria. 10 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 Customer's contractors,the FPL representatives and other utilities within six (6)weeks of the start ofconstnwction. At the pre-construction conference,FPL shall provide the Customer with an estimate of the date when service may be provided. I I. 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. 12, this agreement shall inure to the benefit ot;and be binding upon,the successors and assigns of the Customer and FPL. 'Ilse Customer and FPL will coordinate closely in fulfilling obligations its order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupa cy. R //�� Accepted: $txttc4 COQf1\t{ Ccmmi Orrer6 erCourt+ ; Ft- Accepted: g '1''f C1nser )chCLlrnate)to 0,,yy July 222014 �1 For FPL (Date) 41—\:?[ " . t� VV/� Approved as to form and legality ATTEST. rfr� 4 • DWIGH E. 1$Ra lf=Cl A '. ,tW 4 Assi fT t Cou n Attorney By: _, 0 ilk Attest an's signature only. \VRf1S299990(UG) FPL NOTIFICATION OF FPL FACILITIES Customer/Agency:Collier County Date of Meeting/Contact:2014 Developer/Contractor Name:Gates Construction Project Number/Name:Eagle Lakes Park Location of Project:11565 Tamiami Trl B City:Naples/Collier FPL Representative:Troy Todd Phone:(239)353-6070 Developer/Contractor Representative:Mike Gantzert FPL Work Request 11/Work Order 4:5299990 FPI,calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA-prescribed limits. If it will,you must either re-design your project to allow it to be built safely given the pre-existing power line location,or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate or use cranes,digging apparatus or other mobile equipment,or handle materials or tools,in dangerous proximity to such power lines during the course of construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes,digging apparatus,draglines,mobile equipment,or any other equipment,tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local,state or federal regulations,you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ("NESC') prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained,you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: I. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but not limited to U.S.Department of Labor OSHA Regulations,while performing their work. 2. Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S.Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools, materials and equipment away front power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions): *Power Line Voltages Personnel and Equipment Cranes and Derricks **Equipment,Crane&Derrick Travel under or near Power Lines (*'*29 CFR 1910.333 and 1926.600)(29 CFR 1926.1407,1408) (29 CFR 1926.600-1 quipmentx1926.1411—Cranes and Derricks) 0-750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts I I Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet *When uncertain of the voltage,maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. **On Construction Sites,with no load. ***For personnel approaching insulated secondary conductors less than 750 volts,avoid contact. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days(excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities. The protection requires hand digging,pot holing,soft digging,vacuum methods,or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. ATTN:Margaret Bishop Means by which this notification was provided to customer and/or contractor Address 211-k FPL Represen we Signal re Date `^ J' Customer/Developer/ ontractor resentative Signature Date A' as•!g Chairman's §txt.rtl c>F Ct Cc 'tilers Approved as to form and legality �t(7n:'.i,"P.Only. Itier C'eu T C)171 }}t?/11'1 j n&,L YIA I(-Marl Ai ST: 41. . _ ..41 •.A.! �U" I 't, :SR t ll�tic \ Ass t Co ty Attorney , • \VR#5299990(UG) x FPL TRANSFORMER PAD LOCATION AND SPECIFICATION PROJECT: Eagle Lakes Park DATE: July 22,2014 ADDRESS: 11565 Tamiami Trl E CUSTOMER AGREES TO: Provide recorded easement for all FPL facilities on Customer's property. FPL will not start construction until these easements are cleared by the customer of all conflicts preventing construction. Should paving,grass,landscaping or sprinkler systems be installed prior to construction of the underground distribution facilities,the customer will bear the cost of restoring same to their original condition. Provide location and depth information for all underground facilities and fill or cut to within 6 inches of final grade within the easement. (See attached referenced prints.) Install all HE provided 5"conduit and transformer pad. Notify FPI,representative two weeks in advance of paving schedule so that FPI,can install ducts if required. Make arrangements for location of FPL pads as shown on location sketch. Provide and install secondary service to padmount transformer. Use a maximum of 8 cables per leg. (See pad detail for entrance space availability for customer service cable) Terminate conduits 3 inches above final grade and provide 7 feet of cable per leg beyond the conduit ends for connection to transformer terminals. Compact and level 3 inches below final grade an area sufficient for the concrete pad. Provide clear space of 8 feet at the front and 4 feet at sides and rear of the transformer pad to allow for a safe working area. Keep area above transformer pad clear to allow setting transformer with a crane. If current transformers are required,provide and install 1 1/2 inch rigid conduit from CT's to meter location. Maximum horizontal distance from pad to meter is 40 feet. Provide a clear space 36 inches in front of meters. If built up meter centers are to be used,provide FPL representative with shop drawings of centers and layout sketch of meter room for FPI,approval prior to purchase FPL AGREES TO: Provide and install padmount transformer. l'rovide and install primary cable from FPI,facilities to the padmounted transformer. Provide and install ground rods at the transformer. Connect customer's service cables to FPL facilities in transformer compartment. Provide meter wiring when current transformers are required. Provide I20/208V service. RE RESENTING CUSTOMER: I hereby certify that 1 am authorized to accept these specifications on behalf of the customer and that I have delivered a copy of these specifications to the customer and all affected comtr,ctors. -d oe Cou ` ■ oar-lea G31 lief "7 p NAN : i4 DATE: 4444 (signature) Approved as to form and legality NAME: 100'1 H fn•, t r ler (print or type) I _ AA�� ARK ,Ad• Assistan ounty Attorney TITLE: Chat riy)Q ) TELEPHONE it: REPRESENTING FPI,: I hereby certify'that Ian authorized to accept these specifications on behalf of Florida Power and Light Company. !\14,11 V e` e, S NAME: DATE:Jul', 22.2014 a TTBSTT DWIGHT: :11110 K, Yi* By: �, ,-�- `- ttest at Mal n's cN signature only.