Backup Documents 09/10/2013 Item #16A22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI$ n
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (o c 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office q
4. BCC Office Board of County Q\b V N
Commissioners
5. Minutes and Records Clerk of Court's Office
91WitS Er-31
PRIMARY CONTACT INFORMATION n�n
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Marlene Messam, P.E.,Transportation Phone Number 252-5773
Contact/ Department Engineering Department
Agenda Date Item was September 10,2013✓ Agenda Item Number .16.A.22
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? J
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's -V
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip •
should be provided to the County Attorney Office at the time the item is input into SIRE. I(�
Some documents are time sensitive and require forwarding to Tallahassee within a certain
frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/10/2013(and all changes made during J
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A22
MEMORANDUM
Date: October 3, 2013
To: Marlene Messam, P.E.
TECM Senior Project Manager
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An agreement with FPL to relocate facilities in conflict
with the US41/Collier Boulevard Intersection Project #60116
Attached for your records is a copy of the document referenced above, (Item #16A22)
approved by the Board of County Commissioners on Tuesday, September 10, 2013.
The Minutes and Record's Department has held the original copy for the Board's
Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachment
16A2
Florida Power&Light Company
• LUMP SUM RELOCATION AGREEMENT
Applicant COLLIER COUNTY BOCC agrees to pay FPL the lump sum amount of$45,432.90 to relocate 3-1K
MCM UNDERGROUND DISTRIBUTION FEEDER CABLES AND ASSOCIATED RISERS WHICH ARE
LOCATED IN SUBORDINATED EASEMENTS ALONG CR 951 (COLLIER BLVD)AT TRIANGLE BLVD.
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 3/28/2013. 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 Applicants 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. 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.
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
16A22
Florida Power&Light Company
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 Applicant's 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 accords ith the Utilit Work Schedule(s)
submitted to the Applicant. Board f Con Corn issioners, Collier County
Florid .
FLORIDA POWER&LIGHT COMPANY: APPLK ANT:
By �T _ By
Print Name:JORDA ptC. COOK Print Na ne: eor g is A. Hiller, Esq.
Title: RELOCATION CO�O RDINATOR Title: Ch4airwoman
$ v0 "Date: Aygtt
Date: 9/10/13
ATTEST,
D1 f N'T£� t OCI ';CLERK
Approved as to form/and legality
West mia"
�iti (:)
signature a y " Scott R.Teach,Deputy County Attorney