CN-550000-AT026.pdf.crdownload

Florida Department of Transportation

RON DESANTIS

GOVERNOR

801 N. Broadway Avenue Bartow, Fl. 33830-3809

JARED W. PERDUE, P.E.

SECRETARY

Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov

June 14, 2024

Approved Reimbursable Change Order Notice

Florida Power and Light Transmission Mr. Criag Ledbetter, P. E.

15430 Endeavor Drive Jupiter, FL 33478

RE: FPID : 201277-5

FID No. : 201277-5-36-11

County : Sarasota

SR : 93

Description : I-75 (SR 93) at Bee Ridge Road

Dear Mr. Ledbetter:

The Department has reviewed and approved Florida Power and Light (FPL) Transmission’s request for preliminary engineering reimbursement for the above referenced project. Enclosed is approved Change

Order No. 1 to FPL’s Master Utility Work Agreement and supporting documents. This is your formal approval to proceed with preliminary engineering.

Please note in calculating reimbursable relocation cost that FPL has been approved for reimbursement for relocation created by conflict within FPL subordinated easements only. As such, we ask that FPL provide relocation concept plans depicting FPL’s proposed relocation and the initial reimbursable utility work estimate. The relocation plans should clearly identify the easements subordinated by FPL, removal of existing facilities and location of the proposed facilities. Once FPL’s concept and initial estimate is completed, we will arrange a meeting to review your concept with our design and management team. Upon approval of your concept, you will be advised to proceed with your preliminary engineering to determine the final estimated cost of relocation of your agency’s facilities through to final design.

All preliminary engineering work must be performed in accordance with Department regulations. Final billing must be documented to support the actual work accomplished as specified by Department

Procedure 710-010-130 Utility Invoicing and or any supplemental revisions.

If I can be of further assistance, please contact me at 863-519-2729 or by email mike.clark@dot.state.fl.us.

Sincerely, District One Utilities Office

For M. Wayne Shelton District Utility Administrator

By: Mike Clark Utility Project Manager

Enclosure: 201277-5-36-11 FPL Preliminary Engineering CO No. 1 Package cc: Benjamin Clayton, P.E., FDOT Design Project Manager Donald Holcomb, P.E, FDOT Engineer of Record Jason Starr, P.E., FDOT Utility Coordinator Cyntrena Durant, FDOT Utility Invoice Manager

Project File, Approved Reimbursable CO # 1 to UAO

Revised: 4-26-21

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK ORDER CHANGE NO. 1

Financial Project ID: 207277-5-36-11 Federal Project ID: N/A

County: Sarasota State Road No.: 93

District Document No: 1

Utility Agency/Owner (UAO): Florida Power and Light Company

A.

1. The Agency is hereby authorized to observe the following changes in the plans and/or specifications to the subject Utility Agreement dated 02/28/1972. CO No. 1 to Florida Power and Light Utility Relocation Master Agreement for design plans required to mitigate conflict within subordinated easements within project FPID 201277-5-52-01. Such changes include the attached Appendix A incorporated by reference.

2. The items of work covered by this Work Order Change are referenced to an Agreement of record dated 02/28/1972, all the terms of the Agreement noted remain the same, and no Supplemental Agreement is required.

B.

1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as:

a.☐ ATTACHED.

b.☒ INCLUDED IN THE HIGHWAY CONTRACT PLANS.

2. The cost of this Utility Work is:

a.☐ NONREIMBURSABLE b.☒ REIMBURSABLE

(1) ☒ Force Account Method

(2) ☐ Lump Sum Method

(3) ☐ Third Party Contract Method

C.

ESTIMATED COST OF WORK DUE TO THIS CHANGE:

ITEM NO. ITEM UNIT UNIT PRICE

WORK ELIMINATED (-) ADDITIONAL WORK (+)

QUANTITY AMOUNT QUANTITY AMOUNT

201277-5-36-11 UWE 03/26/2024 $500,000.00

Sub-Totals............................................................................................... $500,000.00 Net Cost of Construction Changes, this order......................................... $0.00

Cost of Construction Changes, previously ordered................................. $0.00

Net Total Cost Construction Changes to Date........................................ $0.00 Contract Amount...................................................................................... $500,000.00 Estimated Cost of Work Authorized to Date............................................ $500,000.00

The terms of this Utility Work Order Change shall be binding upon the date of the last signature below:

Approved Date: Approved Date: Approved Date: Approved Date:

Signature: District Utility Coordinator

Signature: Utility Agency Representative

Signature: Division Administrator Federal Highway Administration

Signature: District Utility Engineer/Administrator

Mike Clark Craig B Ledbetter, PE M Wayne Shelton N/A Typed Name Typed Name Typed Name Typed Name

DocuSign Envelope ID: FA772533-4217-4501-B420-649133520551

05/29/2024 | 1:46 PM EDT 05/29/2024 | 3:36 PM EDT 06/13/2024 | 5:44 PM EDT

201277-5-36-11

FORM 710-010-09

UTILITIES

10/04

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

ENGINEERING CONTRACTS

(Appendix A of Assurances)

Financial Project ID: 201277-5-36-11 Federal Project ID: N/A

County: Sarasota State Road No.: 93

District Document No: 1

Utility Agency/Owner (UAO): Florida Power and Light Company

During the performance of this contract, the ENGINEERING CONTRACTOR, for itself, its assignees and successors in interest (hereinafter referred to as the "ENGINEER"), agrees as follows:

(1) Compliance with Regulations: The ENGINEER will comply with the Regulations of the DEPARTMENT OF TRANSPORTATION relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The ENGINEER, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The ENGINEER will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations.

(3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin.

(4) Information and Reports: The ENGINEER will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information, the ENGINEER shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the ENGINEER's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

(a) withholding of payments to the ENGINEER under the contract until the ENGINEER complies;

and/or

(b) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The ENGINEER will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The ENGINEER will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the ENGINEER may request the State to enter into such litigation to protect the interests of the State, and, in addition, the ENGINEER may request the United States to enter into such litigation to protect the interests of the United States.

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

AT026

6/13/2024

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 6/13/2024

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55014010106

Expansion Option: A1

Object Code: 131512

Amount: $500,000.00

Financial Project: 20127753611

Work Activity (FCT): 216

CFDA:

Fiscal Year: 2024

Budget Entity: 55100100

Category/Category Year: 088849/24

Amendment ID: W001

Sequence: 00

User Assigned ID: 001

Enc Line (6s)/Status: 0001/04

Total Amount: $500,000.00

Contract: AT026

Contract Type: AE - UTILITIES RELOCATION (UTIL RELOC)

Vendor Name: FLORIDA POWER & LIGHT CO

Vendor ID: F590247775553

Beginning Date of This Agreement: 06/12/2024

Ending Date of This Agreement: 06/12/2034

Contract Total/Budgetary Ceiling:

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Description: 201277-5-36-11 Florida Power and Light Transmission Pre-Engineering

Page1 of 1

To: Joseph.Glorioso@dot.state.fl.us

Clark, Mike

From: Conway, Don

Sent: Tuesday, May 21, 2024 3:58 PM

To: Shelton, Wayne

Cc: Clark, Mike

Subject: FW: 201277-5 I-75 @ Bee Ridge Road - FPL Request for Reimbursement Subordinations

Attachments: RE: 201277-5 // I-75 @ Bee Ridge // Sarasota County // 201277-5-36-11 FPL Trans UWE

; 201277-5 Parcel 101.2 FPL.pdf; 201277-5 Parcel 103.6 FPL.pdf; 201277-5 Parcel 104.3

FPL.pdf; 201277-5 Parcel 116.2 FPL.pdf; 201277-5 Parcel 117.2 FPL.pdf; 201277-5 Parcel

118.2 FPL.pdf; 201277-5 Parcel 119.3 FPL.pdf; 201277-5 Parcel 120.2 FPL.pdf; 201277-5

Parcel 125.3 FPL.pdf; 201277-5 Parcel 131.3 FPL.pdf; 201277-5 Parcel 141.4 FPL.pdf;

201277-5_FPL_Trans_Easement_05.03.2024.pdf

Mike, Per our meeting today, all conflicts within the subordinated areas are compensable for relocation only.

We will revisit the issue of compensating the utility for the cost of purchasing utility easements when we receive the utility relocation plans.

Thanks

Don Conway Senior Attorney Florida Department of Transportation Office of the General Counsel 801 N. Broadway Avenue Bartow, Florida 33830 Phone: (863) 519-2623

Contact me in Teams https://teams.microsoft.com/l/chat/0/0?users=don.conway@dot.state.fl.us

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you.

From: Clark, Mike <Mike.Clark@dot.state.fl.us> Sent: Tuesday, May 21, 2024 3:50 PM To: Shelton, Wayne <Wayne.Shelton@dot.state.fl.us>; Conway, Don <Don.Conway@dot.state.fl.us> Subject: RE: 201277-5 I-75 @ Bee Ridge Road - FPL Request for Reimbursement Subordinations

Don, As discussed in our meeting, please see attached FPL’s recorded subordinations and roadway plans depicting FPL’s pole locations. Also, attached is an email from the project EOR outlining poles as determined by him to conflict with the proposed roadway construction. It is my understanding that FPL is compensable for costs associated with their relocation due to conflict within the easements subordinated. Please confirm.

Thanks

Mike Clark FDOT/Element Engineering Group Consultant Utility Coordinator FDOT District One Utilities (MS 1-11) 801 N. Broadway Ave.

Bartow, FL 33830

863.519.2729 (O)

727.543.6524 (C)

Helpful Links:

Instructions for setting up an ISA user account for UAO Representative Instructions to View current PSM schedules for multiple projects at once FDOT Utilities Home 5 Year Work Program

“ Be strong, but not rude; Be kind, but not weak; Be bold, but not bully; Be humble, but not timid; Be proud, but not arrogant. ” — Zig Ziglar

-----Original Appointment----- From: Clark, Mike Sent: Thursday, May 16, 2024 2:22 PM To: Clark, Mike; Shelton, Wayne; Conway, Don Subject: 201277-5 I-75 @ Bee Ridge Road - FPL Request for Reimbursement Subordinations When: Tuesday, May 21, 2024 1:00 PM-2:00 PM (UTC-05:00) Eastern Time (US & Canada).

Where: D1-HQ, Legal Rm 341

Rule 14-46.001 F.A.C.

FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK ESTIMATE

December 14, 2016

FDOT PROJECT INFORMATION

Financial Project ID: 201277-5-36-11 Federal Project ID: 201277-5-52-01

State Road Number: 93 County: Sarasota

FDOT Plans Dated: 02/15/2019 District Document No.: 01

UTILITY AGENCY/OWNER (UAO)

Utility Company: FPL Transmission Job No. or Work Order No.:

UAO Project Rep: Craig Ledbetter Phone: 561.803.7952 E-mail: craig.ledbetter@fpl.com

UAO Field Rep: Craig Ledbetter Phone: 561.803.7952 E-mail: craig.ledbetter@fpl.com

SECTION A: ITEMIZED COST ESTIMATE

Item Item Cost ($) Overhead (%)

(Must use “%” or “.”

i.e. 10% or .10)

Item Cost + Overhead ($)

Preliminary Engineering $375,000.00 $500,000.00 Right of Way Acquisition 0

Construction Engineering 0

Construction Labor 0

Materials and Supplies 0

Transportation & Equipment 0

Contract Construction 0

Miscellaneous Expenses

Total Cost Estimate => $500,000.00

SECTION B: DEDUCTIONS SECTION C: REIMBURSEMENT

Item Item Value ($) Total Cost Estimate from

SECTION A =>

$500,000.00

Salvage Value Total Deductions from

SECTION B =>

Betterment

Extended Service Life

Total Reimbursement* => $500,000.00

0 *Update the estimated Total Reimbursement for changes in excess of 10%

Total Deductions =>

UTILITY SIGNATURE

UAO Rep. Date 3 / 26 / 2024

Name Craig Ledbetter, P.E.

Title Senior Engineer - T/S

33%