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HomeMy WebLinkAbout2000-381f1E ADDENDUM TO FACILITIES RELOCATION AGREEMENT 1. Section 7.4 of the Facilities Relocation Agreement is hereby amended to provide as follows: "The Applicants shall be responsible for and shall reimburse FPL, it's parent, subsidiaries, or affiliates and their respective officers, directors, and employees (collectively "FPL Entities") From and against any damage caused by the Applicant, its contractors, sub -contractors, or employees, which arise or result from any activity associated with the work performed by Applicants, its contractors, subcontractors, sub- contractors or employees pursuant to this agreement. Nothing herein shall constitute a waiver or limitation on the Applicant's sovereign immunity pursuant to Section 768.28 Florida Statutcs. APPI-tt}'frl-/D AS I) A14D LF t,i'•L JU4 6l,�ri l -Il 11 BY Vill t.lFwt" t:. l,lii. l Itt' ;I DL"PUfY UUUeIIY k) 1U:4j 11 Florida Po►wcr & [_fight Company Hy: r ! 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LL. iL 1 Oy1N1 �.d i..L.Plz�T— o Kr I M Ira i c) 1--)_ arU'd it '.I �ti r�`. i.5 '8; �II I �aBiQtncuci II ,� I e4 0 PI i it ul Ij wa Y r I � dul O 9 r • f s C r i 0 LL Eq 2i< e�¢ J u, _ •_•• - iv 17 1 H1 inaiotim { -1•...._.._.- -S1N OCA - �. w --- a -- } — T ' --...---.... - ..... ------ -- --- 1..: j Siad Nasa.sv ti . if 6ff ii3WV�•:: :l :r Sis,<Ls iLlit ..1. 40 This kstimatc FLORIDA POWER & LIGHT COMPANY Valid through SUMMARY ESTIMATE OF COST 01/28101 FOR: TRI-STATE DRILLING CONST/LIKE-LIKE EST. -----------------------------------......_--------- wo:-C'OST-ONLY WORK ORDER TO PROCESS THRU RSL SYSTEM 9999.09.984 PR;. THIS IS AN ESTIMATE FOR WORK ASSOCIATED WITH INSTA CDS PALM BEACH TRANS REMOVALS INSTALL & MAINT. SALV CR RHV COST: ITEM ITEM COST TOTAL (A) ENGINEERING Labor Transportation & Mise Expenses Applied Engineering 34,860 Sub -Total 34,880 ---------------------•----. (B) LAND & LAND RIGHTS (RT Of WAY) Labor' Transportation & Misc Expenses Purchase and/or Easements - Payment to Contractor - Sub -Total (C) CONSTRUCTION ------------------- - ;------------­------- 3,883 Labor 8,870 1,103 : Transportation & Misc Expenses 2,518 81 Material 59,398 52,590 : payment to Contractor 120,156 81 57,575 Sub -Total 19D,942 --------- -- , (0) OTHER MAINTENANCE ..-------------------------..------------ Labor 2,481 Transportation & Misc Expenses 705 Material 394 Payment to Contractor 33,628 Sub -Total 37,208 ---­------------------------- ------ 81 57,575 TOTALS 263,027 ----------- Recapitulation of Cost Estimate -----------•----------•---------------------------- Total Installation and Transfer Cast 263,027 Removal rest 57,575 salvage Credit 8 :( 61) SUBTOTAL , 320,521 LOSS Credit Ratio 0.00% Net Replacement XSt 320,521 * Handling, Tax & ]ns and Pension & Welfare at Approved Rates. 0877 REV 3/948 Submitted by 7_,QJ?� 1 Engineer � 4016lr C: of FACILITIES RELOCATION AGREEMENT (Government Entity) THIS AGREEMENT made and entered into this day o1 , 2coo by and between Indian River County , hereinafter called the Applicant, and FLORIDA POWER & LIGHT COMPANY, a Florida corporation with Its principal place of 'business in Dade and Palm Beach Counties, Florida, hereinafter called FPL. WITNESSETH: WHEREAS the Applicant intends to construct a bridge over the Lateral "B" Canal and widen 12 Street at 69' Ave and will require the relocation of certain incompatible and conflicting portions of FPL's Facilities and equipment, and WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have occurred but for the Applicants construction, NOW THEREFORE, in consideration of the mutual promises of the Applicant and FPL and other good and valuable consideration, the Parties agree that FPL shall rearrange the FPL Facilities and the Applicant shall reimburse FPL for the actual cost of such Relocation as follows. ARTICLE I - DEFINITIONS For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set forth below when used with initial capitalization: 1.1 pajLenneJ is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's construction, over the service capacity of the FPL Facilities prior to Relocation and any upgrading of a Replacement FPL Facility above FPL's current minimum standard practices, as specified In Article III of this Agreement, that normally would be used on projects financed solely by FPL. Betterment does not Include: (a) any increase in service capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the Replacement FPL Facilities; (b) any increase in service capacity resulting solely from the replacement of devices or materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed, or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility requested by the Applicant, (d) any upgrading of a Replacement FPL Facility required by any agency responsible for regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the Applicant's construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any upgrading that will result in a reduction in the overall project cost. 1.2 Conyersic is the replacement of existing overhead facilities with underground facilities. 1.3 graoljB Jo is the credit given to the Applicant in the form of a percentage derived by dividing the sum of the Betterment and the Non -Reimbursable Work Credit by the Total cost of the Relocation: Credit Ratio D Ilar Amount of Betterment + Nan- aimbablq Work Credit Total Cost of Relocation - The Land and Land Right Cost 1.4 fate Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate was hand -delivered or transmitted by facsimile, or it mailed, five days lrom the date of postmark, 1.5FPL's Facili or Facifilies shall be, but shall not be limited to, any structure consisting of manholes, conduits, poles, wires, cables, substations, system protection equipment or other appurtenances, and associated equipment, and used by FPL In connection with the transmission and/or distribution of electric power. 1.6 Relocation and/or Relocate includes 1ha terms"rearrange or rearrangement" and is the work performed by FPL under this Agreement and any activity made necessary by Applicant's construction which conflicts with or affects FPL, its Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall riot be limited to, permanent or temporary support, protection, relocation, rearrangemant, design, redesign, abandonment or reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers which is a result of a conflict. 1.7 Replacement FPL Facili is any facility which will be constructed under the terms of this Agreement as a consequence of Ralocation of a FPL Facility or portion thereof. is Salvage Is the credit to the Applicant for the reusable materials recovered or removed by FPL less the Salvage Adjustment Credit. ARTICLE II - IDENTIFICATION OF CONFLICTS CONVERSIONS 2.1 Known Coniticts. The Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities more particularty described and located on property described in Exhibit A allachad hereto and incorporated herein. Page 1 of 6 Governmental Faclllttas nolocationAgreemeni (rev. 7JelUUi