Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - October 22, 2019
October 22, 2019 - Regular Meeting
Agenda Item #42

Florida Power and Light (FPL) Facilities Relocation Agreement for the 44th Avenue East - 45th Street East to 44th Avenue Plaza East Project


Contact and/or Presenter Information
Sia Mollanazar, P.E., County Engineer, Deputy Director - Engineering Services, Ext. 7487

Eric Shroyer, P.E., Project Manager, Ext. 7344

Action Requested
Authorization to execute and record the Florida Power and Light (FPL) Facilities Relocation Agreement for the 44th Avenue East - 45th St E to 44th Ave Plz E Project. 

Enabling/Regulating Authority
Manatee County, a political subdivision empowered pursuant to Section 125.01 and Section 336.02, Florida Statutes, to undertake and fund development and construction of County roadways within its boundaries.

Background Discussion
Relocation and/or removal of existing FPL overhead power transmission poles are required to construct the 44th Avenue East - 45th St E to 44th Ave Plz E project.  An advanced payment in the amount of $344,000.00 was made to FPL in May of 2017 for the detailed design and estimating process for the relocation of the FPL facilities.  In accordance with the Agreement, Manatee County will pay the balance due amount of $1,603,722.84 to FPL for the relocation and removal work to be performed by FPL.  

Two (2) Requests for Legal Services were submitted for legal review for this agreement and all County Attorney's Office (CAO) response comments were  addressed with the exception of FPL's addition of the word "gross" at the end of Section 7.4-Indemnification, and in the second paragraph on page 8 of 12, the phrase, ", and if applicable" was added.  In the opinion of the FPL legal counsel, the potential impact to the County created by the additional language is limited by the sovereign immunity statute.  Based on a review of the opinions from both the CAO and FPL's legal counsel, Manatee County Public Works has made the business decision to submit the Agreement to the Board of County Commissioners for execution, as is, including the language added by FPL.  A fully executed Agreement will be provided by FPL for recording.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return the partially executed original agreement to Eric Shroyer, P.E.  Eric will arrange for execution by FPL and return a fully executed document to Board Records for recording.

Please call Eric Shroyer, P.E. at 941-708-7450, Ext.  7344 
CCC:  AR700013

Cost and Funds Source Account Number and Name
$1,603,722.84 Funding source -382-6086960

Amount and Frequency of Recurring Costs
No Recurring Cost

Attachment:  Exhibit A - The Property.pdf
Attachment:  Exhibit B - Construction Drawings.pdf
Attachment:  Exhibit C - Estimate.pdf
Attachment:  Exhibit D - Form 360.pdf
Attachment:  FPL Confirmation of Insurance.pdf
Attachment:  Response Memo to CAO Matter No. 2018-0386.pdf
Attachment:  Final Response Memo to CAO Matter No. 2019-0394.pdf
Attachment:  Email Correspondence with FPL.pdf
Attachment:  Amended Facilities Relocation Agreement 10112019 T18680 Rev2.pdf
Attachment:  2019-10-11 Email Correspondence with FPL Re CAO comments.pdf