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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. Packet Page -1160- 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 Packet Page -1161- 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 Packet Page-1162- 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 Packet Page-1163- 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 Packet Page-1164- 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- } 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 Packet Page -1165- 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 Printed 12/05/2012 @ 13:05:13 313 Packet Page -1167- Page 1 of 1