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Home My WebLink About2011-144 07 / 05/ 11 41 Florida Power & Light Company PPL LUMP SUM RELOCATION AGREEMENT Applicant Indian River County Board of County Commissioners agrees to pay FPL the lump sum amount of $ 3 , 790 . 17 to relocate underground facilities associated with the construction of the new SRA Transit Facilities . 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 1 /28/2011 . 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 pay FPL in advance the full Lump Sum amount for this relocation . 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 Parry 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 , 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 . 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 an FPL Group Company Florida Power & Light Company PPLO 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 . FL RIDA POWER & LIGH. OMPANY : APPLICANT : skBf l ^s--°' ,r"-' „f _ pq°ooaba°ooa By: v C 0 1w4f�°°O • Print Name : Dennis G . Pagano 0°°��1�' ° °LN Print Name : Bob Solari 4 ° �.•' Title : Engineer I '6.o aTitle : Chairman Date : 6/11 /2011 : ,, pate : July 5 , 2011 8 � o 9 / off • O f'•• . ' APPROVED AS TO FORM AND LEGAL SAJFM ° aaanaaapq BY WILLIAM K . DEBRAAL DEPUTY COUNTY ATTORNEY an FPL Group Company !Sz Payment Coupon / 61010120000374907000085424L710973000042010101 General Mail Facility Miami , FL , 331R84001 3 01012 0000854246 a 2 01 n1 01 Please mail this portion with your check Cust . No . : 374907 Inv . No . : 854246 Payment Due upon Amount Due Receipt This Invoice 07 / 13/2011 33790 . 17 BOARD OF COUNTY COMMISSIONERS WO Reference # : 9614 -42 -438 Make check payable to FPL in US funds and mail payment to address below STATE OF FLORIDA FPL COUNTY OF INDIAN RIVER GENERAL MAIL FACILITY 1801 27TH ST BLDG A MIAMI FL 33188 -0001 VERO BEACH FL 32960 Florida Power & Light Company Federal Tax ID # : 59 -0247775 INVOICE Customer Name and Address Customer Number : 374907 BOARD OF COUNTY COMMISSIONERS Invoice Number : 854246 STATE OF FLORIDA COUNTY OF INDIAN RIVER Invoice Date : 06/ 13/2011 1801 27TH ST BLDG A VERO BEACH FL 32960 e 01012 0000854246 4 2 01 01 01 Please Retain This Portion for your Records CURRENT CHARGES AND CREDITS Customer No : 374907 Invoice No : 854246 DESCRIPTION QUANTITY PRICE AMOUNT DSB CUST CONTR NEW CNST WO 1 31790 . 17 31790 . 17 4395 43RD AVE WR 3981569 9614 -42 -438 For Inquiries Contact : Total Amount Due $ 3 , 790 . 17 DENNIS PAGANO Phone : ( 772 ) 489- 6206 Payment Due upon Receipt 07/ 13/2011 Messages Florida Power & Light Company General Mail Facility Miami , FL . 33188 -0001