Agenda 09/09/2014 Item #16D24 9/9/2014 16.D.24.
EXECUTIVE SUMMARY
Recommendation to execute the Underground Distribution Facilities Installation Agreement and
the documents necessary to convey an easement to Florida Power and Light Co. for the installation
of electrical service related to the Community Center at Eagle Lakes Community Park,Project No.
80184.
OBJECTIVE: To provide electrical service to the new Donna Fiala Community Center at Eagle Lakes
Community Park.
CONSIDERATION: On December 11, 2013, the Board approved the Invitation to Bid No. 13-6185 for
the construction of the Eagle Lakes Community Center(Agenda item 11B). On June 10, 2014,the Board
subsequently renamed the facility the "Donna Fiala Community Center"(Agenda item 11A). To provide
electrical services including the installation of a pad-mounted transformer and associated cables, wiring,
and equipment, Florida Power and Light (FPL)requires that the County: 1) enter into the Underground
Distribution Facilities Installation Agreement; 2) agree to execute their Transformer Pad Location and
Specification, and Notification of FPL Facilities forms; and 3) provide an easement to FPL. FPL has
reviewed and approved the underground easement form.
FISCAL IMPACT: Funding is available in the Community and Regional Park Impact Fees Fund(346),
Project No. 80184 (Eagle Lakes Community Center). The total cost for recording and obtaining copies
of the easement document will not exceed$25.
GROWTH. MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval.-ERP
RECOMMENDATION:That the Board of County Commissioners,
1. Approves and authorizes the Chairman to execute the Underground Distribution Facilities
Installation Agreement and supplemental FPL forms, after approval by the County Attorney's
Office;
2. Approves and authorizes the Chairman to execute the FPL Underground Easement;and
3. Authorizes the County Manager or his designee to proceed to follow all appropriate closing
procedures and record the aforementioned documents in the Public Records of Collier County,
Florida.
Prepared by: Sue Jim Zimmerman, Sr. Property Acquisition Specialist, Facilities Management
Department
Attachments: Underground Easement, FPL Underground Distribution Facilities Installation Agreement;
Transformer Pad Location and Specification;and Notification of FPL Facilities
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.24.
Item Summary: Recommendation to execute the Underground Distribution Facilities
Installation Agreement and the documents necessary to convey an easement to Florida Power
and Light Co.for the installation of electrical service related to the Community Center at Eagle
Lakes Community Park, Project No. 80184.
Meeting Date: 9/9/2014
Prepared By
Name: Zimmerman Sue
Title: Property Acquisition Specialist, Senior,Facilities Management
8/14/2014 5:53:12 PM
Submitted by
Title:Property Acquisition Specialist, Senior,Facilities Management
Name: ZimmermanSue
8/14/2014 5:53:14 PM
Approved By
Name: CampSkip
Title: Director-Facilities Management,Facilities Management
Date: 8/18/2014 9:02:00 AM
Name: JonesHank
Title: Project Manager,Principal,Facilities Management
Date: 8/18/2014 12:34:58 PM
Name: BishopMargaret
Title: Project Manager, Senior,Facilities Management
Date: 8/18/2014 1:33:50 PM
Name: McPhersonJeanine
Title: Assistant Director-Parks &Recreation,Parks&Recreation
n Date: 8/19/2014 9:00:56 AM
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9/9/2014 16.D.24.
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 8/19/2014 12:03:44 PM
Name: Mott Toni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 8/20/2014 3:46:39 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 8/21/2014 10:42:46 AM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 8/21/2014 7:55:19 PM
Name:KlatzkowJeff
Title: County Attorney,
Date: 8/22/2014 9:01:07 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management i''•
Date: 8/22/2014 11:00:01 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 8/28/2014 6:30:51 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/30/2014 1:24:11 PM
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UNDERGROUND EASEMENT(BUSINESS)
Work Request No.5299990 Prepared By:
Name: Troy Todd
Sec.33,Twp. 50S, Rge.26E
Parcel LD.: 00447880401 Co.Name: FP&L Co.
(Maintained by County Appraiser) Address: 4105 S.W. 15th Avenue
Form 3722(Stocked)Rev.6/11 Naples, Florida 34116
Page 1 of 2 including Exhibit"A"
The undersigned, in consideration of the payment of $1.00 and other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to
Florida Power & Light Company, its licensees, agents, successors, and assigns ("FPL"), a non-
exclusive easement forever for the construction, operation and maintenance of underground
electric utility facilities(including cables, conduits, appurtenant equipment, and appurtenant above
ground equipment)to be installed from time to time; with the right to reconstruct, improve, add to,
enlarge,change the voltage,as well as,the size of and remove such facilities or any of them within
an easement described as follows:
See Exhibit"A"("Easement Area")
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for FPL's communications purposes; the
right of ingress and egress to the Easement Area at all times;the right to clear the land and keep it
cleared of all trees, undergrowth and other obstructions within the Easement Area;to trim and cut
and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the
easement area which might interfere with or fall upon the lines or systems of communications or
power transmission or distribution;and further grants,to the fullest extent the undersigned has the
power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore
described, over, along, under and across the roads, streets or highways adjoining or through said
Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this
day of ,2014.
Board of County Commissioners
Collier County, Florida
By:
Tom Henning,Chairman
3299 Tamiami Trail East,Suite 303
Naples, Florida 34112-5746
Attest:
Dwight E. Brock,Clerk
Print:
Deputy Clerk
3299 Tamiami Trail East,4th Floor
Naples, Florida 34112
Approved as to form and legality:
Assistant County Attorney
F:\Parks\Eagielakes\FPL Underground Easement
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C:\SLRVE"\PROJECT SURVEY 20)4\1C2 - EAGLE PARK F'PL\SURVEY\14-102-FY:.1.DYwG
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it WR#5299990(c1G)
FPL
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
This Agreement,made this day of 2014,by and between Collier County Government(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).
WI-MESSED l:
Whereas,the Customer has applied to FPI.for underground distribution facilities to be installed on Customer's property knossis as 11565 Tantiatni Trt 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 lotions:
1. The Customer shall pay FPI,a Contribution in Aid of Construction of$10,00 (the 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 and as Potions.INSTALL(1)300I:VA(120/208V)THREE PHASE PAD-MOUNTED TRANSFORMERS AND UNDERGROUND PRIMARY.
CUSTOMER TO INSTALL.ALL FPL PROVIDED 5"CONDUIT AND TRANSFORMER PAD.
2,
3. That a credit ofn,QQ,slwll be provided to the Customer for trenching,backfilling,installation of Company provided conduit and other neat,if applicable,and
approved by FPL.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 Comnussion and the Customer has requested FPL
to delay FPL's scheduled date of installation.Any additional costs caused by it Customer's change in the Customer's plans submitted to FPL on winch 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 arty existing overhead or underground facilities to serve the property identified above.
5. That the Contribution provides for i2O/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
if the property is sutyect to an underground o nhnater,FPI.shall notify the appropriate governmental agency that satisfactory arrangements have been made with
the Customer as specified by FPI,.
Title to and ownership of the facilities installed asa result of this agreement shall at all times remain the property of FPL.
7. That good and sufficient casements,including legal descriptions and survey vvtdk 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 subordtnation s 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 twill be subordinate to utility easements.(2)FPL's easement has not been
recorded prior to the receudation of the mortgage,(3)FPL's facilities are or will be used to serve other parcels of property,or(4)other circumstances exist which
FI'L detemtires 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 Customers construction site,as
required by FPL.
e) 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 migrant new
easements aid obtain any necessary mortgage subordinations to cover FPL's installed facilities,at no ran to FPL,and FPL will release the existing
easement. Mortgage subordination mill 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 of the mortgage to utility casements,or
3) FPL's facilities are or will be used to serve oiler parcels of property.
8 lleforst FPLean begin its engineering work on the underground electric distribution facilities,the Customer shall provide FPL with the foaming'''
a) Paving,grading,and drainage plans showing all surface anti sub-surface drainage satisfactory to FPL,
Is) Aconstruction schedule,
e) An estimate of when electric service will be required,and
d) Copies of the Customer's final construction plans as well as other construction dressings(plot,site,sewage,electrical,etc.)requested by FPL,plats provided
by the Customer must be either recorded by the circuit clerk or other recording ofiicer or prepared and certified as meeting the requirements for mottling
(except approval by the governing body)bye registered land surveyor.
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WR#5299990(t1G)
}
FPL
9.Prior to FPL construction pursuant to this agreement,the Customer shall:
a) Clear the FPI,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 casement 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 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 FPL,
unless the stakes are lost,destroyed or moved by an agent,employee,contractor or subcontractor of FPL,in which ease FPL will pay:the Customer t 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 thounderground facilities
were installed;and,that subsequent repair to FPL'a system,once installed,will be paid by the Customer if said repair is a result of damage caused by the
Customer many of the Customer's contractors or subcontractors.
d) Provide sufficient and timely advance nnotice S(,¢,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 FPI.,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 borne 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.
f) Provide applicable trenching,back filling,installation of Company provided conduit and other work in accordance with FPL specifications more particularly
described on Exhibit B 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 F1'L specifications and which will accommodate FPL's service cable size
and design. These items must be confirmed with FPI,prior to purchase. FPL will not be responsible for costs involved in modifying or replacing items
which do not meet the above criteria. �\
10. FPL shalt:
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.
h) Install,own,and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted.
e) Request the Customer to participate {
tcq parr 'ptaein a pre-construction conference with the Customer's contractors,the FPL ttpresetttatiw�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 maybe
provided.
I I. This Agreement is subject to FPL'a Electric Tariff including but not limited to the General Rules and Regulations for Electric Serviccand 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 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 Customers receipt of
a certificate of occupancy.
Accepted:
Accepted:
Customer (Date)
July 22,2014
For FPL (Date) Witness (Date)
Witness (Date)
•
Approved as to faint and legality
Assistant County Attorney
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NR#5299990(UG)
FPL
TRANSFORMER PAD LOCATION AND SPECIFICATION
PROJECT: Eagle Lakes Park DATE: July 22,2014
ADDRESS: 11565 Tanmianmi Trl E
CUSTOMER AGREES TO:
Provide recorded casement 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 FPL provided 5"conduit and transformer pad.
Notify FPL 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 kg 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 ail 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 11/2 inch
rigid conduit from CT's to meter location. Maximum horizontal distance front pad to meter is 40 feet.
Provide a clear space 36 inches in front of meters. If built up meter centers arc 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.
Provide and install primary cable from FPL 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 120/208V service.
REPRESENTING CUSTOMER:
I hereby certify that I 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 contractors.
NAME: DATE:
(signature) Approved as to form and legality
NAME:
(print or type) 1°
Auistant County Attorney
TITLE: TELEPHONE 4:
REPRESENTING FPL:
I hereby certify that I an authorized to accept these specifications on behalf of Florida Power and Light Company.
'' NAME: DATE:Ail y 22.2014
OCA
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is iVRiI5299990(UG)
FPL
NOTIFICATION OF FAL FACILITIES
Customer/Agcncy:Collier County Date of Meeting/Contact:2014
Developer/Contractor Name:Gates Construction Project Number/Name:Eagle Lakes Park
Location of Project:11565 Tamiami Trl F City Nantes/Collier
FPL Representative:Troy Todd Phone:1239)353.6070
Developer/Contractor Iepresentative:Mike tampers FPL Work Request#/1Vork Order#:5299990
FPL calls your attention to the that that there may he 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 pennon, 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 deencrgize and ground our facilities, or relocate them,
possibly at your expense.Yon 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,draglhus,mobile equipment,or any
other equipment,tools or materials in such a manner that they might cone 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 lints
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 he 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:
1. 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 .0"•\
but not limited to U.S.Department of Labor OSHA Regulations,Wilk 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 OS/1A 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 from 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
(***29CFR 1910.333and1926.600) (29CFR 1926.1407,1408) (29CFR 1926.600—FAuipntentx1926.1411—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 11 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 I O 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 1400-432-4770 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 identity 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
1 21q k4
FPL Representative Signature Date
Customer/Developer/Contractor Representative Signature Date
Approved as to form and legality
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