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HomeMy WebLinkAboutExhibit 1L LUMP SUM RELOCATION AGREEMENT Florida Power.& Light Company Applicant City of .Miami agrees to pay FPL the lump sum amount of $74,179.00 to relocate the overhead pole line located in private property near the northbound side of US-1 between SW 19 Ave and SW 17 Ave for the City of Miami project B-30542A. This estimate does not include costs or labor to make ready and clear the area for FPL to set the poles. Those costs and labor are the responsibility of the Applicant. •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 December 2010. Applicant understands that this agreement is solely for:the .relocation of FPL facilities. It is the Applicants 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 planslschedule which will affect FPL's relocation. 2. Any error in Applicants plans which will affect FPL's relocation. Applicant agrees to pay FPL in advance the full Lump Sum amountfor this relocation. This Lump Sum amount is non-refundable, provided, however of 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 respectiveofficers, 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 attomey 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 workaround the subject Facilities, the Applicant shall furnish FPL with evidence ofinsurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shallcontain a broad form contractual. endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates an FPL Group Company f• . Florida Power & Light Company IIPPL and their respective officers, directors and employees to be named as additional named insured on the Applicants 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 (AGGRO) 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. FLORIDA WER & #iT OMPANY: APPLICANT: Print Name: Karen Lund Print Name: Title: Relocation Coordinator/Engineer 1 Title: Date: 10/14/2010 Date: an FPL Group Company ATTEST: Priscilla A. Thompson, City Clerk City of Miami, a municipal corporation of the State of Florida APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Gary Reshefsky, Director Risk Management Department FPL. Customer/Agency: Developer/Contractor Name: Location of Project' FPL Representative: Developer/Contractor Rep: NOTIFICATION OF FPL FACILITIES City of Miami Contractor US-1, SW 19 Ave — SW 17 Ave Karen Lund Contractor Date of Meeting/Contact: Project Number/Name: City: Phone: FPL Work Request No: 10/14/2010 US-1 Wall B-30542A Miami 305-442-5290 3944508 FPL calls your attention to the fact that there may be 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 constriction of any proposed improvements wit bring any person, 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 deenergize and ground our facilities, or relocate them, possibly at your expense. You 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 subcontractor;, 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, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come 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 lines 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 be 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, have a copy of and are familiar with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, before commencing 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 OSHA 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 distance table: Power Line Voltages *OSHA Minimum Approach Distance 0.69,000 votts 10 Feet 115,000-138,000 volts 11 Feet • 230,000 volts 13 Feet *When uncertain of the voltage, stay 18 feet away 500,000 volts 18 Feet or call FPL or your local utility. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation 10 ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with 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 identify 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. CERTIFIED MAIL 444 SW 2 AVE, 811) Floor, Miami, FL 33130 Means Itch this notifiidn was pr7vided to customer and/or contractor • Address (0 r �(- (6 PL epresenta ive Signature Date Customer/Developer/Contractor Representative Signature Date Form 360 Rev. 6/9/09