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Agenda 01/13/2015 Item #16C 7 1/13/2015 16.C.7. EXECUTIVE SUMMARY Recommendation to approve a Florida Department of Transportation (FDOT) Work Order/Change Order in the amount of$142,128 related to the Utility Work by Highway Contractor Agreement (UWHCA) between the FDOT and the Collier County Water-Sewer District (CCWSD) for the relocation of CCWSD utilities along U.S. 41 between County Road 951 and Greenway Road, Project 70045. OBJECTIVE: To provide the necessary FDOT Work Order/Change Order to use contingency funds for appropriate grouting and abandonment of an unforeseen eight inch water main within the project limits. CONSIDERATIONS: On January 22, 2013, as Agenda Item 11D, the Board of County Commissioners (Board) approved the UWHCA, an FDOT standard form resolution, and a Memorandum of Agreement (MOA) with FDOT and the Florida Department of Financial Services, Division of Treasury, to establish an interest bearing escrow account. These agreements were required to allow the FDOT to construct needed utility relocations as part of one joint,coordinated project. On May 14, 2013, as Agenda Item 1604, the Board approved a Resolution authorizing an Appendix (Amendment Number 1) to the UWHCA with FDOT. Amendment Number 1 documented and approved a change to FDOT's project procurement method from design-bid-build to design-build. On August 12, 2013,the Clerk of Court wire transferred the sum of$4,510,333 to the Florida Department of Financial Services, Division of Treasury, establishing an interest bearing escrow account. The $4,510,333 was based on the engineer's estimate of$4,027,083 plus ten percent for contingency and two ,^ percent for FDOT allowances. On October 8, 2013, as Agenda Item 12A, the Board adopted a Resolution accepting the utility relocation bid amount of $4,665,380 and approved an Appendix (Amendment Number 2) to the UWHCA with FDOT. Amendment Number 2 established that FDOT would provide payment for Utility Work performed above the $4,510,333 deposited in advance and invoice the CCWSD after "completion of the Utility Work on the Project." During construction, an unforeseen abandoned eight-inch water main was located along the right of way underneath a joint utility trench and planned multi-use path. Since it was located under the installed joint utility trench, removal of the pipe was not feasible and grouting was required to prevent potential future pipe failure from causing voids underground. It was determined that there were 9,400 feet of unforeseen eight-inch water main. A negotiated price of$15.12 per linear foot was agreed upon (negotiated down from $25.50 per linear foot originally proposed by the contractor and the six-month moving statewide average of$20.16 per linear foot). The total change order amount is $142,128 that will be in addition to the utility relocation bid amount of$4,665,380. FDOT is not invoicing the CCWSD for the change order amount at this time but wants the Board to approve the amount of$142,128,which is above the advanced deposit amount of$4,510,333. FISCAL IMPACT: There is no fiscal impact at this time. The request is for approval of the FDOT Work Order/Change Order. However, when FDOT submits an invoice, funding is available in, and is consistent with, the FY2015 Capital and Operating Budgets approved by the Board on September 18, 2014. The source of capital funding is Water User Fees Fund (412). Packet Page-1125- 1/13/2015 16.C.7. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, approve a FDOT Work Order/Change Order in the amount of $142,128 related to the UWHCA between the FDOT and the CCWSD for relocation of CCWSD utilities along U.S. 41 between County Road 951 and Greenway Road,Project 70045. Prepared By: Nathan Beals, PMP, Project Manager, Public Utilities Planning and Project Management Department Attachments: 1. FDOT Work Order/Change Order and attachments 2.MOA and UWHCA with Amendments 1 and 2 Packet Page -1126- 1/13/2015 16.C.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.7. Item Summary: Recommendation to approve a Florida Department of Transportation (FDOT) Work Order/Change Order in the amount of$142,128 related to the Utility Work by Highway Contractor Agreement (UWHCA) between the FDOT and the Collier County Water- Sewer District (CCWSD) for the relocation of CCWSD utilities along U.S. 41 between County Road 951 and Greenway Road, Project 70045. Meeting Date: 1/13/2015 Prepared By Name: Nathan Beals Title: Project Manager, Public Utilities Engineering 12/19/2014 9:15:55 AM Submitted by Title: Project Manager, Public Utilities Engineering Name:Nathan Beals 12/19/2014 9:15:56 AM Approved By Name: Steve Messner Title:Director-Water, Water Date: 12/22/2014 2:19:14 PM Name: HapkeMargie Title: Recycling Coordinator, Solid &Hazardous Waste Management Date: 12/22/2014 3:13:53 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing&General Services Date: 12/23/2014 6:58:30 AM Name: JacobsSusan Title: Operations Analyst, Wastewater Packet Page-1127- 1/13/2015 16.C.7. Date: 12/23/2014 11:34:55 AM Name: Joseph Bellone Title: Director-Operations Support,Utilities Finance Operations Date: 12/23/2014 3:39:56 PM Name: JohnsonScott Title:Manager-Procurement,Purchasing&General Services Date: 12/29/2014 10:50:21 AM Name: ChmelikTom Title: Director-Public Utilities Engineering,Public Utilities Engineering Date: 12/29/2014 10:50:30 AM Name: HallSwainson Title: Procurement Specialist,Purchasing&General Services Date: 12/29/2014 2:51:59 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 12/30/2014 9:20:27 AM Name: YilmazGeorge Title: Administrator-Public Utilities,Public Utilities Division Date: 12/30/2014 9:40:39 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/30/2014 3:37:31 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 12/31/2014 2:18:51 PM Name:OchsLeo Title: County Manager, County Managers Office Date: 1/6/2015 11:47:41 AM Packet Page -1128- 1/13/2015 16.C.7. WORK ORDER TRACKING SHEET FIN No.: 415621-2-56-01 FAP No.: 3011-029-P WO No.: 001 Contract No.: E1 M43 County: Collier WO Date: 9/9/2014 Contractor' Ajax Paving Industries, Inc. Vendor ID: VF261871966 Design Project Mgr: Renaud C. Olivier, P.E. In house Designer: N/A Design Consultant: Stanley Consultants, Inc. Vendor ID: VF421320758 CEI: Eisman&Russo Vendor ID: VF592606484 Orig. Contract Amt: $ 5,214,056.60 WO Amount:$ 142,128.00 Days: 0 Estimated WO Premium Cost: $ 0.00 WO Reviewers Design: N/A Construction: N/A Description of Changes: The Contractor desires to grout an abandoned 8"water line that was discovered on site and not recorded in any plan drawings. This work order will provide payment for this unforeseen work and any minor additional pipes that may be encountered as well. WORK ORDER CODE DATA ENTRY Contract No.: E1 M43 FIN No.: 415621-2-56-01 WO No.: 1 WO Date: 9/9/2014 Reason Code: 15 Avoid/Unavoid: 0 Cost Recovery Initiated: N Claim/Extend: N Work Order No.: 1 Work Order Cost:$ 142,128.00 Time(Days): 0 Estimated Premium Cost: $ 0.00 Cumulative%Contract Change Premium Cost Based On: N/A Description of Changes: (be specific,identify primary cause) I The Contractor desires to grout an abandoned 8"water line that was discovered on site and not recorded in any plan drawings. This work order will provide payment for this unforeseen work and any minor additional pipes that maybe encountered as well. ESTABLISH BASIS FOR WORK ORDER 1) SCE concurrence requested for Specification Change N/A 2) SCE concurrence received for Specification Change N/A FHWA APPROVAL(WRITTEN OR VERBAL) 1) Request to FHWA for Approval or Participation N/A 2) Reply from FHWA N/A SUMMARY RECORD OF NEGOTIATIONS OR ENGINEER'S COST ESTIMATE 1) From Resident Engineer to District Construction N/A 2) District Construction Engineer Review N/A 3) Input into Computer Program CRSPJ10 N/A 4) To Work Program 5) Work Program Approval N/A 6) To Comptroller N/A N/A 7) Comptroller Certification of Funds Availability N/A 8) To Legal N/A 9) Legal Approval for Form&Legality N/A 10) To Director of Operations N/A 11) Director of Operations Approval N/A WORK ORDER EXECUTION 1) To Contractor 2) Contractor Execution 3) Surety Execution N/A 4) Received from Contractor 5) To Legal N/A N/A 6) Legal Approval for Form&Legality N/A 7) To Director of Operations N/A 8) Director of Operations Approval N/A 9) Input into Computer Program CRTSJ1C Packet Page -1129- N/A 10) Distribution of Executari newt!imantc 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-8O WORK ORDER CONSTRUCTION 04/11 Page 1 of 1 Supplemental Agreement No."999-25 Work Order No.**001 Fin Proj. ID 415621-2-56-01 Contract No. E1 M43 Date 9/5/2014 F.A.P. No. 3011-029-P Road No. SR 90 Contractor Aiax Paving Industries, Inc. DESCRIPTION OF WORK: Grout unforeseen abandoned 8" water line running on right side of existing roadway from Station 1547+00 to Station 1642+50 (9400 feet)at approximately 15 feet from Right of Way underneath joint trench box. REASON: The Contractor desires to grout an abandoned 8" water line that was discovered on site and not recorded in any plan drawings. This work order will provide payment for this unforeseen work and any minor additional pipes that may be encountered as well. Revised Plan Sheet Nos. N/A Granted time due to delays to controlling items of work shown on approved work schedule: 0 days TOTAL COST OF WORK: $142,128.00 Premium Cost1: $0.00 Amount to be paid from Lump Sum Contingency S.A. or Pay Item shown above: $142,128.00 • Work described results from a Design Error or Omission: ['Yes allo "N/A when funding by contingency pay item **Number Work Orders on a Contingency Pay item sequentially beginning with 01, 02, 03, etc. For each subsequent Contingency Supplemental Agreement(CSA)restart the numbering of the Work Orders on that CSA sequentially beginning with 01, 02, 03, etc. ® Costs negotiated; work sheets documenting negotiated costs and basis for costs attached. OR ❑ Costs based on actual costs plus mark-ups as shown in above referenced Contingency Supplemental Agreement; work sheets itemizing costs attached. If, prior to execution of this Work Order, the Department has not issued a Notice to Proceed to the Contractor for the work outlined herein, execution of this document by the Department shall serve as the Notice to Proceed. The Department and the Contractor agree that the contract time adjustment and sum agreed to in this document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment, manpower, materials, overhead, profit, and delay relating to the issues set forth in this document f . Printed Name: Contractor Signature Title: Date: s 9 4LrOf e. �... Printed Name: Brett Pielstick, P.E. FDOT or CCEI Title: Senior Project Engineer Date: Approved: FHWA Date FHWA Participation2 Non-Participation $142,128.00 1 Premium Cost is defined as additional cost which would not have been incurred if the work described herein had been included in the original contract 2 Attach reasons justifying FHWA participation Packet Page-1130- 1/13/2015 16.C.7. Work Order No. 999-25-001 (JPA) Back-Up Documentation Contractor: Ajax Paving Industries, Inc. Financial Project No.: 415621-2-56-01 Contract No.: E1M43 Federal Aid Project No.: N/A Issue Amount: $142,128.00 Issue Time: 0 (Days) Grout Unforeseen Abandoned 8"Water Line I. Entitlement Analysis The work to be performed is the grouting of an unforeseen abandoned 8" water line running on right side of existing roadway from Station 1547+00 to Station 1642+50 (9400 feet) at approximately 15 feet from Right of Way underneath joint trench box. The Contractor desires to grout an abandoned 8" water line that was discovered on site and not recorded or accounted for in any plan drawings. This work order will provide payment for this unforeseen work as well as any minor additonal pipes that may be encountered. This work order will add this unforeseen work to the contract documents at a $142,128.00 increase.This work order will not increase the contract time. II. Engineers Estimate The costs associated with this work order are based off negotiated prices for the grouting of the pipe in dollars per linear foot. The total amount being processed, $142,128.00 and zero (0) days is for the additional costs associated with the grouting of the unforeseen water line and any other minor additional pipes that may be encountered as well. *Attached back-up documentation: 1) Attachment 01 —Guymann RFI to Ajax 2) Attachment 02—Ajax Original Price Proposal Correspondence 3) Attachment 03— Negotiated Price Concurrence 4) Attachment 04—Engineer's Estimate 5) Attachm 05— Unforeseen JPA Plans ' UQ' w 1 Brett Pielstick, P.E, Senior Project Engineer Date Eisman &Russo, Inc. Packet Page-1131- 1/13/2015 16.C.7. Work Order No. 999-25-001 (JPA) Back-Up Documentation III. CRS Coding Reason: 015 — Utility Owner/Agency caused Changes to Utility Owner/Agency Project Agreement/Contract (No cost to FDOT) (Change to Phase 56 and associated Funds included in Original Contract) Avoidability: 0— Unavoidable: No Remedial Action Required Cost Recovery: N — No Action Recommended Claim/Extended: N — Neither IV. Premium Cost Analysis There are no premium costs associated with this issue. V. Statement of Claim Settlement Costs None VI. Federal Aid Participation Time: 0 Days Cost: $0.00 Packet Page 4132- 1/13/2015 16.C.7. Scott Woss From: Tim Wise <Tim @Guymann.com> Sent: Friday,July 18, 2014 10:59 AM To: Matthew Desotell Cc: Scott Woss Subject: RFI#1 -Water Main Connection Attachments: RFI nol-WM connection found.xlsx Good Morning Matt, Please see the attached RFI, I have also sent it to Scott. Call with questions. Thanks,Tim Timothy J. Wise Project Manager Guymann Construction of Florida, Inc. Office: (239)574-4174 Fax: (239)5744091 Cell: (239)671-5991 Packet Page-1133- 1 1/13/2015 16.C.7. GUYMANN CONSTRUCTION OF FLORIDA, INC. 305 SW 3rd st Cape Coral, Fl.33991 office; (239)574-4174 fax; (239)574-4091 E1M43 US 41Collier415621 415621-2-56-01 & 415621-2-51-01 Request for Information: No. 1-Ajax DATE: 07/18/14 To: Matt Desotell,Ajax Paving CC: Eisman &Russo Request: Additional Water Main Connection During our installation of the 16" Force Main we have found an additional 8"Water Main Lateral, off of the existing 16" water Main. This 8" connection is at Station 1601 right of center, and appears to loop the water main into Charlie Estates,per our conversation with the Collier County Utilities Locator. We do not show this connection on the plans, and would like to know how to proceed. Sincerely Tim Wise/Project Manager Response: Packet Page-1134- 1/13/2015 16.C.7.} The futur e 0 Rid g:on,, . August 5,2014 Scott Woss,Project Administrator Eisman&Russo Consulting Engineers 12342 Tamiami Trail East,Suite 201 Naples,FL 34113 RE: Financial Project ID: 415621-2-52-01&415621-2-56-01 Federal Project ID: 3011-029-P Contract No.: E1M43 County/Section No.: Collier County Project Description: US 41 from SR 951 to Greenway Road Subject: Unforeseen Condition—Unknown Water and Force Main Dear Mr.Woss, Ajax first uncovered an unknown 8"water main and 6"force main at Throat Canal. After investigation by Collier County and Ajax,we have discovered that the water main is abandoned at this location,while the force main is live. The force main is part of the original system in the plans,just not exactly where it is supposed to be and we are working with the ^ County to tap this line into the other existing force to avoid conflict with the Box Culvert at Throat Canal. The water main was not part of the plans and the County had no previous record of it. During the course of underground construction we have encountered new drainage and waterline conflicts with the 8" abandoned water main at several other areas including Sta. 1554+60, 1562+00, and Sta 1589+00. We have not spent the time to fully investigate the limits of this line,but we know it comes out into the ROW at Sta. 1549+00 and runs East in our case to the end of the job. Towards the end of the project,the 8" pipe turns into a 16"pipe. In areas in direct conflict with proposed underground work, we will need to remove the line. Any area that is not in direct conflict will need to be grouted as most of it is underneath our proposed water and force. Again we do not feel it is worth the time or effort to fully investigate the limits now with ongoing critical construction and would like to propose a Linear Foot price up front for consideration. With the size changes of the pipe and the unknown of possible breaks in this abandoned line we feel a price of$25.50/LF is reasonable with a bit of an unknown factor. This price would include all incidental work associated with capping the line if necessary in areas that may have unknown abandoned tie-in laterals outside ROW,as well as the waste factor for possible breaks in the line. Please review this information and provide comment/recommendation to the issue. If you have any questions or comments please contact me. Thanks, Ajax Paving Industries of FL,LLC 7 Matt Desotell Project Manager Ajax Paving Industries of Florida,LLC Main:941-486-3600 Fax:941-486-3500 510 Gene Green Road,Nokomis,FL 34275 www.ajaxpaving.com An Equal Opportunity Employer Packet Page -1135- 9 I 1/13/2015 16.C.7. Eli Enders From: BealsNathan <NathanBeals @colliergov.net> Sent: Friday,September 05, 2014 8:42 AM To: Eli Enders Cc: Scott Woss Subject: RE:Grout Unforeseen Water Line Eli, The$15.12 per linear foot of unforeseen 8"water main price is correct. This was negotiated down from the$25.50 per foot originally proposed by Ajax Paving on August 5,2014. My understanding is there is approximately 9,400 feet of the unforeseen 8" water main which will mean that$142,128 of contingency funds will need to be used. • Let me know if you need anything else. Thank you, Nathan Beals, PMP Project Manager Collier County Public Utilities Planning and Project Management Department 239-252-2583 (Office) 239-877-8284 (Cell) 239-252-6460 (Fax) 3339 East Tamiami Trail, Suite 303 Naples, Florida 34112 From: Eli Enders [mailto:eenders @eismanrusso.com] Sent: Thursday, September 04, 2014 4:58 PM To: BealsNathan Cc: Scott Woss Subject: Grout Unforeseen Water Line On August 26, 2014, representatives from Collier County, Guymann Construction,Ajax,and Eisman and Russo met to discuss the price proposal for the grouting of the 8" unforeseen water line.$15.12 per linear foot of pipe was decided upon at the conclusion of this meeting. Please respond to this email to display your concurrence with this price. Eli Enders, E.I. . ma & US ONSULIINC MIMES Roadway Inspector 12342 Tamiami Trail E.,Suite 201 Naples, FL 34113 (856)630-3030 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. Packet Page -1136- 1/13/2015 16.0.7. A r-.' 1 ii I 0 O 1 * o 0 * m * tl) J J N .J a_ * � ZF-- FO r O W N * LU 1.-. 03 # Q = V! Fi * CO 4 0 * te 09. to se- Q * "4""4"17"Iiii4iiill!'101111:giiie:!ig 11-1 Q O f� �, ti • ^.7 i y Al-. = N * ��w N o W w ,"4T :Z C : 0 C CO * O Q d ItHigoil I4,n,ny+t • _ * Q Q Eilvggipl u F w yax: � O ** J Q t� . iD J F� g a 1 00 . p t t - * fiR � Q * tY (.1,) F ,41;0 kE' 2 D ** �w A Q X c;“\I O Z : z - 5401:1 , > _ F o d O o 0) O * 1g r W c V) .x. ]} Lr4 F ,' CL cC6 * C, i �iEf k 0 Q E L1J * ©, miin t;��@ ki S4f►.,, e.. 17".." 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Rev.00100 =inancial Project ID:415621-2-gc,-ill Federal Project ID: N/A JCountyISection No: Collier State Road No. 90 District Document No: N/A Utility Agency/Owner(UAO): Collier County Water-Sewer District WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and WHEREAS, in order for the FOOT to proceed with the Project, it is necessary for Collier County Water-Sewer District, hereinafter referred to as the"UAO", to execute and deliver to the FDOT the agreement identified as Utility Work by Highway Contractor Agreement(At Utility Expense),hereinafter referred to as the "Agreement"; NOW,THEREFORE, BE IT RESOLVED BY THE UAO: That(Name) Georgia A. Hiller, Esq., Chairwoman of the Collier County Board of County Commissioners and ex- officio the governing board of the Collier County Water-Sewer District be hereby authorized and directed to execute and deliver the Agreement to the FOOT. A certified copy of this Resolution is to be forwarded to the FDOT along with the executed Agreement. ON MOTION of Commissioner Coyle, seconded by Commissioner Fiala , the above resolution was introduced and passed by,the UAO on the 22 day of January, year of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, DWIGHT E. BROCK, CLERK I FLORIDA, AS THE GOVERNING BODY OF COWER COUNTY AND. EX-OFFICIO THE GOVERNING BOARD OF THECOLLIER COUNTY By: VW LibarierAr WATER-SE ■ R DISTRICT / men si DE UTY C9L -R. . $ By: i, Georg a A.Till , ``q., CHAIRWOMAN s rov=I for for d le l Sufficiency: r c ..<4..., cott Teach Deputy County Attorney Packet Page -1146- 1/13/2015 16.C.7. ..........„ \ , , 0'. . ...0 ... s' - .. •. . .. .ilittFielaig WO*?..,..r • •. • CroiWitE 0 tt *0 IS!,111t. . . ... .... .;".: I .... .... •■• - ..- . / .... 7.. Z ... ,.....,. ...= ..7-• -... . - . _ ...- ..... • .,...-. .- . ... .---.. ..... i . ....... ''.• • • -........- ''' • „..........„ 4 i •• 1 Packet Page-1147- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-Z UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 05/12 (AT UTILITY EXPENSE) Financial Project ID:415621-2-51-01 Federal Project ID: WA. County: Collier Co State Road No.: 90 District Document No: Utility Agency/Owner(UAO): Collier County Water-Sewer District THIS AGREEMENT,entered into this /4' day of Ac,/ ,year ofz.ot3 ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT",and Collier County Water-Sewer District, hereinafter referred to as the"UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as US 41, State Road No.: 90, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the"Facilities"(said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS,the Project requires the location(vertically and/or horizontally), protection,relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as"Utility Work"; and WHEREAS,the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the n Project; and WHEREAS,the UAO, pursuant to the terms and conditions hereof,will bear certain costs associated with the Utility Work; NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection)for the Utility Work(hereinafter referred to as the "Plans Package") on or before Nov 14th, year of 2012. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. c. Unless otherwise specifically directed in writing,the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared,and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual,the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not Pane 1 of G Packet Page -1148- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7,0_0,0_2; UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC—os 12 (AT UTILITY EXPENSE) duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT,and to such other right of way users as designated by the FDOT,for review at the following stages: Phase II. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages,as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above,the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: NA. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment,and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: Pending (Note: it is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. c. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent(10%)and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the D.nn )of G Packet Page -1149- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-2';TUTEE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05%12 (AT UTILITY EXPENSE) Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection,testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package,except for the following activities: NA and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a, b. The initial estimate of the cost of the Utility Work is $4,027,083.00. At such time as the FDOT prepares its official estimate,the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate,the UAO shall have five(5)working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c. At least Fourteen (14)calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for Packet Page -1150- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �'°-0TIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 0512 (AT UTILITY EXPENSE) changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Memorandum of Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre-approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project,the UAO shall,within fourteen(14)calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs,the UAO will be notified by the FDOT accordingly.The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor,the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty(360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO D.neA .let Packet Page -1151- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES 0-2. UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 05/12 (AT UTILITY EXPENSE) for a period of three(3) years after final close out of the Project. The UAO will be notified of the final cost Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date,a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty(40) calendar days from the date of the invoice, The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package(including inaccurate location of the Facilities)or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required)of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO, In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local,state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT Dann S..f O Packet Page -1152- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.01025 UTILMES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 05/12 (AT UTILITY EXPENSE) determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto, Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement,the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty(60) days from written notice thereof from FDOT. _ (2) Pursue a claim for damages suffered by the FDOT, (3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement,offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60)days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337,403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty(60) days frcm written notice thereof from the UAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement,pursue any statutory remedies that the UAO may have for failure to pay invoices. ase Packet Page -1153- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILM z UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 1 0512 (AT UTILITY EXPENSE) (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees,or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents,or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending the claim. After reviewing the claim,the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial,that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers,agents,and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject,except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers,agents,or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the Packet Page -1154- Page 7 of 9 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710. UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 05/12 (AT UTILITY EXPENSE) UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however,that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to _ be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery,or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Nathan Beals 3339 East Tamiami Trail, Suite 303 Naples, Florida 34112 If to the FDOT: John Faison 801 North Broadway (MS 1-11) Bartow, FL 33831 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions,deletions,or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. Dana R of C Packet Page -1155- 1/13/2015 16.C.7. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Rio-0TIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-ouiz (AT UTILITY EXPENSE) You MUST signify by selecting or checking which of the following applies: ❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled"Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Collier County Water-Sewer i strict BY:(Signature) l i DATE: 01/22/13 (Typed Name: =eorgia A.Hiller, Esq.) (Typed Title: Chairwoman) Recommend Approval by the District Utility Office BY: (Signature) DATE: L/665 �. FDOT Legal review BY: (Signature) 4L5 U diet4 DATE: y/ District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION / / BY: (Signature) �' DATE: (714°A7 (Typed Name: ) U 4'1J (Typed Title: ) Director of Transportation Development FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: NM DATE: /VIP (Typed Name: ) (Typed Title•,-. ` ' ) ATTEST . DWIGHT E. BROCK;CLERK APP vca as to dorm sufficiency itt*St IS to Mai armor D'"'o„f, Deputy County Attorney sierkatire TSB, Packet Page-1156- 1/13/2015 16.C.7. APPENDIX CHANGES TO FORM DOCUMENT (Amendment Number 1) The following changes are made to the Utility Work by Highway Contractor Agreement (AT UTILITY EXPENSE) between the State of Florida Department of Transportation (FDOT) and Collier County Water- Sewer District (UAO)dated A10r(( I o7h 2013: 1. The fourth WHEREAS clause is changed to read: WHEREAS the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor and/or its design consultant as part of the construction of the Project. 2. Paragraph 1.a. is changed to read: UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions and a cost estimate for the Utility Work (hereinafter referred to as the "Plans Package") on or before May 13,2013. 3. Paragraph 1.f. is deleted. 4. Paragraph 1.g. is designated as Paragraph 1.f. and changed to read as follows: In the event that the FOOT Design/Build Firm finds any deficiencies when reviewing the Plans Package, it will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's Design/Build Firm review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. S. Paragraph 1.h. is designated as Paragraph 1.g. and changed to add, after each reference to "FOOT", "Design/Build Firm". 6. Paragraphs Li. j. k. I. are designated as Paragraphs 1.h. i.j. k. 7. Paragraph 2.a. is changed to read as follows: The FOOT Design/Build Firm shall incorporate the Plans Package into its contract for construction of the Project. 8. Paragraph 2.i. is changed to read as follows: The UAO shall not make any changes to the Plans Package after the date on which the FDOT's RFP documents are mailed. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FOOT. Packet Page -1157- 1/13/2015 16.C.7. 9. Paragraph 3.c., lines 1 and 2 are changed as follows: At least Fourteen(14) calendar days prior to the date on which the FDOT receives proposals, the UAO will pay to FDOT an amount equal to the FDOT's official estimate: plus 2%for 10. Paragraph 4.a. is changed as follows: Delete the word "contractors", add the words "Design/Build Firm". 11. Paragraph 4.b. is changed as follows: Delete the word "contractor", add the words "Design/Build Firm". 12. Paragraph 9.f. is changed as follows: Delete "John Faison" and substitute, "FDOT District Utilities Office". Packet Page -1158- 1/13/2015 16.C.7. APPENDIX CHANGES TO FORM DOCUMENT (Amendment Number 2) The following changes are made to the Utility Work by Highway Contractor Agreement (UWHCA) between the State of Florida Department of Transportation (FDOT) and the Collier County Water-Sewer District (UAO) as amended by Appendix, Changes to Form Document, Amendment Number 1 dated April 23, 2013: 1. On August 12, 2013, the UAO wire transferred the sum of$4,510,333.00 as the advance deposit for the Utility Work required by the UWHCA. The UAO acknowledges that the UWHCA as originally agreed upon by the Parties provided that if the selected contractor's bid for the Utility Work exceeded the advance deposit amount ($4,510,333.00) required by the UAO, the UAO was obligated to deposit additional monies with the FDOT to cover the cost of the Utility Work, allowances and contingencies. The UAO acknowledges that it cannot meet its additional monetary obligation at this time. The a •T has a•reed to •rovide payment to the selected contractor for the Utility Work performed above the $4,510,33 .00 •eposite• in a•va ce by the UAO, subject to the UAO reimbursing the FDOT for such payments as provided in Paragraph 3.e., as modified below. This does not alter the condition originally stated in the UWHCA that if the selected contractor's bid plus allowances and contingencies comes in less than the advance deposit submitted by the UAO, the FDOT is obligated to refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingencies, upon request by the UAO in writing. 2. Paragraph 3.e. as written is deleted in full and is hereby changed to read: e. The UAO acknowledges timely notice was received from the FDOT that performance of the Utility Work exceeds the amount of the deposit ($4,501,333.00) made pursuant to Subparagraph c. above. Subject to and in accordance with the limitations and conditions established by Subparagraph 2.c., the UAO shall be responsible for imbursiAg....EQ T (following the UAO's audit of the contractor's invoices) of any and all project costs owed for the completion of the Utility Work above the $4,510,333.00 amount previously deposited by the UAO into the State-held escrow account on August 12, 2013. The FDOT shall submit all of the selected contractor's invoices for amounts expended be oV nd the original amount escrowed to the UAO and the Collier County Clerk of Court on a mmoont y asis wrr o shall expeditiously process said invoices for payment by the FDOT. The UAO shall reimburse the FDOT the remainder of any and all utility project costs expended by the FDOT beyond the $4,510,333.00 deposited in escrow no later than thirty (30) days after receipt of notice from FDOT of completion of the Utility Work on the Project. 3. The last sentence in Paragraph 3.h. is deleted as follows: "In the event that the notification from the FDOT, pay to the FOOT an additional 1-9% sf the total obligation of use as the Contingency Fund. � I Packet Page -1159- 1/13/2015 16.D.1. •'■ EXECUTIVE SUMMARY Recommendation to approve a release of lien for payment of a Countywide impact fee deferral agreement obligation. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee Deferral Program. CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances the County shall defer the payment of the impact fees for any new owner-occupied dwelling unit which qualifies as affordable housing. Section 74-401(3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the owner or applicant. The deferred impact fees shall be a lien on the property and agreement shall be accepted by the County in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement.The impact fees deferred for the construction of a residential dwelling unit have been repaid in full. As such, the repayment obligation has been fulfilled and a release of lien is needed.The following table sets forth the details associated with this item. Name Property Address Payoff Official Records Public Amount Record Edmundo Auzo 4420 Botanical Place,Unit 103 $8,946.77 OR Book:4111,PG:0468 Naples,Fl 34112 FISCAL IMPACT: Collier County impact fee deferral funds in the amount of,$8,946.77 have been repaid and have been deposited to the individual impact fee trust funds as required Property Owner Impact Fee Interest Total Deferral Type Assessed Edmundo Auzo $7,158.27 $1,788.50 $8,946.77 Countywide GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval.—JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a release of lien for deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling unit. Prepared By:Mandy Moody,Grant Support Specialist,Community and Human Services Packet Page-1160- 1/13/2015 16.D.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve a release of lien for payment of a Countywide impact fee deferral agreement obligation. Meeting Date: 1/13/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community&Human Services 11/14/2014 9:27:17 AM Submitted by Title: Grants Support Specialist, Community&Human Services Name: MoodyMandy 11/14/2014 9:27:18 AM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 12/1/2014 5:24:10 PM Name: PattersonAmy Title: Manager-Impact Fees &EDC, Business Management&Budget Office Date: 12/3/2014 3:54:59 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 12/8/2014 1:00:28 PM Name: GrantKimberley Title: Director-Housing,Human and Veteran S, Community &Human Services Date: 12/8/2014 9:22:06 PM Packet Page -1161- 1/13/2015 16.D.1. Name: McKuenElly "~ Title: Grants and Housing Coordinator, Senior, Community&Human Services Date: 12/18/2014 7:53:34 AM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 12/18/2014 9:16:26 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/18/2014 4:22:12 PM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 12/22/2014 3:27:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/23/2014 11:44:05 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/5/2015 1:39:03 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/5/2015 4:17:16 PM Packet Page-1162- 1 3941131/1 3/2015 16.D.1. RECORDED in OPelueu en,.uwo v► Waa.s.vvv.... .v 09125/2006 at 03:00PN DAIGHT K. BROCE. CLERK Rehm to RIC PEE 21.00 Lium Bard RetR: ' 1 Cotlie.Coumy OSH OPKRATIOAAL SUPPORT 6 ROUSING 2800 N.Horseshoe Drive LAUREN BEARD Napin FL 34101 IATEROPPICK File#06-023-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100%OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 7 day of September, 2006,between Collier County, a political subdivision of the State of Florida(COUNTY)and Edmundo Auza(OWNER),collectively stated as the"Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged,the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County,Florida,known as"The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelli st[ttached as Exhibit"A." �LQT\ 3. The term of this Agreement^ i awe et- i�i'yioy until the impact fee is repaid. 4. The amount of the impa� deferred shall be paid e COUNTY in full upon: a) the / t sale of the dwelling u nif; tl theraancing OI'tli dwelling t�t; c)a loss of the homestead ti exemption; or d)the pirstj c r afar of any part of the affected real property,and in any such ev iL i :,pact e�shdll.be paid in full to the COUNTY II. not later then the closin e sale,or not lateren he ,�fe the date of the transfer. As set forth in Exhibit "B," tli wit of the defe re9 t Ca fees is Seven Thousand, One Hundred Fift -Ei: t dollars T .1)0 $7 'Repayment shall include any accrued interest. Interest shall be compu ., 'r•, . five percent (5%) per annum, but in no event shall it exceed twenty-five percent(25%)of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit"A,"which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land,and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law,regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement,and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may,at its sole option,collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement,or declare that the deferred impact fees are Packet Page -1163- Page 1 01 2 I C 1/13/2015 16.D.1. then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs,including attorney's fee and costs,incurred by the COUNTY in enforcing this Agreement,plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein,and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written. OWNER: W. e ses: - /.L 7 14/4' -' — Print Name , ,arAJfs 0r.a =:, do uza Witnesse • Print Name /L1(i I i-c_Q R'-c -1 STATE OF FLORIDA O ` R C U COUNTY OF COLLIER The foregoing Agreeme t C acknowledged before �e this 7 day of September,2006, by Edmundo Auza, who are pers all awn to . o prod edl as identification ( --441 ,r tCaw,/% � 2 [NOTARIAL SEAL] r, . , �� C",,,,,, ign -r - of'Ill � j/ ,. „lc) l Milne L cum, f . & M ConerdsMOn 0 04211Af f C./ii,-)-k.*. EnpYM June U.20011 co (Print Nam 'o/a/y Public) 2 �7.. cn .-.err ..: on Expires: • COLLIER COUNTY,FLORIDA By: -/'C�_'r'/ J ES V.MUDD,COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this Da"dday of September,2006, by James V.Mudd,County Manager,on behalf of the OUNTY,who is personally known to me. [NOTARIAL SEAL] ` •1 (Signature of No :. ' blic) Lauren J.Beard ..�y phi-- _- .k Commission#DD159084 Q t r� \ a rd A. :: Expires:Oct 24,2006 -.yi,iie?'= Bonded•n.,, (Print Name of Notary Public) ,- Atlantic Bonding Co.,Inc. j Commission Number: My Commission Expires: Apr' ova. i to form and Rec. end approval: Al leg s i • imifill Jeffr•ti A. ii' atzkow Denton Baker,Director of Assis� t ��sunty Attorney Operational Support&Housing Packet Page -1164- Page 2otZ •i *** 1/13/201516.D.1.* EXHIBIT"A" LEGAL DESCRIPTION UNIT 103,BUILDING 9,BOTANICAL PLACE,A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933,PAGE 2655,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $93.00 B. Correctional Facilities Impact Fee $117.98 C. Library Impact Fee $166.90 D. Community Parks Impact Fee $561.70 E. Regional Parks Impact Fee $560.68 F. Educational Facilities Syste r p _,FedCO i $827.00 G. Road Impact Fee � $2,662.00 H. Government Buildings a•. $159.01 .-. I. Sewer Impact Fee $2,010.00 TOT PACT FEES ; $7,158.27 r � E CAW JAK Approved_/_/_ Packet Page-1165- 1/13/2015 16.D.1 . Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34109 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014206538 Transaction Number: 2014-053656 Date Paid: 10/15/2014 Amount Due: $8,946.77 Payment Details: Payment Method Amount Paid Check Number Check $8,946.77 10215257 Amount Paid: $8,946.77 Change / Overage: $0.00 Contact: Chicago Title Insurance Company 601 Riverside Avenue Bldg 5, 6th Floor Jacksonville, FL 32204 FEE DETAILS: • Fee Description Reference Number Original Amount GL Account Fee Paid Deferral M/F Community Park MS20140012194 $561.70 $561.70 346-156410-324103-31346.1 Deferral M/F Regional Park MS20140012194 $560.68 $560.68 346-156405-324103-31346.1 Deferral M/F EMS Payoff MS20140012194 $93.00 $93.00 350-140470-324103-31350.1 Deferral M/F JAIL Payoff MS20140012194 $117.98 $117.98 381-110430-324103-31381.1 Deferral M/F LIBRARY MS20140012194 $166.90 $166.90 355-156190-324103-31355.1 Payoff Deferral M/F ROAD Payoff MS20140012194 $2,662.00 $2,662.00 333-163653-324103-31333.1 D2 Deferral M/F SCHOOL MS20140012194 $1,033.63 $1,033.63 113-000000-209050 Payoff Deferral M/F GOVT BLDG MS20140012194 $159.01 $159.01 390-122231-324103-31390.1 Payoff Deferral M/F SEWER MS20140012194 $2,010.00 $2,010.00 002-138770-324103 Payoff Interest PARKS MS20140012194 $280.39 $280.39 346-989010-361190-99346.1 Interest EMS MS20140012194 $23.24 $23.24 350-989010-361190-99350.1 Interest JAIL MS20140012194 $29.48 $29.48 381-989010-361190-99381.1 Interest LIBRARY MS20140012194 $41.70 $41.70 355-989010-361190-99355.1 Interest ROAD D2 MS20140012194 $665.13 $665.13 333-989010-361190-99333.1 Interest GOVT BLDG MS20140012194 $39.73 $39.73 390-989010-361190-99390.1 Interest SEWER MS20140012194 $502.20 $502.20 002-989010-361190 Cashier Name: melissaalvarez Batch Number: 4054 Entered By: fleishmanpaula Packet Page-1166- 1/13/2015 16.D.1 . v 0...m0 z m ANaO D m m A.o° z - m -.° 1 MI r � m C 0 M° m - -4 N T o - $ 73 m o : °w v N D 0 T T D 49 i rib C v 1 13 ;- 0 5 N _ N 5 V (O�1 rN $ O-,v a o w �o�c F.. z 8 m A 8 e 8� it N Im rn ww g w N A in a°`8 D a p N 74'Ir a, co aco aQ co ■,,, r_ N N ZyA o N-. m 75 8 8 ae8< ( 'y '..`i&'D 4 � � �No w c.> ae 8 N N n N S s W U N O w w r e 8 G) O N N 00 (W0 N N f0 m A w e o C) N O N 8 IS e8z N N 1, (71 U pip O I'pp.Z1$iT' N N W 8 1 g 6Z 8 18 aE8" ✓ a �e) & g ggg 0 g� g a` ii MI mo F Z mm° N Packet Page -1167- 1/13/2015 16.D.1 . Prepared by: Mandy Moody Collier County Housing,Human &Veteran Services 3339 E, Tamiami Trail, Building H,#211. Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112,the owner(s) and holder(s) of a certain Lien Agreement for Deferral of 100%of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee Lien") executed by Edmundo Auzo to Collier County, recorded on September 25, 2006 in Official Records Book 4111, Page 0468, of the Public Records of Collier County, Florida, in consideration of$8,946.77, receipt of which is hereby acknowledged does satisfy. remise, release, quitclaim, exonerate and discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: Unit 103, Building 9, Botanical Place, A Condominium, according to the declaration of condominium thereof recorded in the official records Book 3933, Page 2655, of the Public Records of Collier County, Florida. The undersigned is authorized to and does hereby satisfy and release this Lien with respect to the above-named. property and consents to this Lien being forever discharged of record with respect to said property. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY,FLORIDA By: , Deputy Clerk TOM HENNING, CHAIRMAN Dated: Approved as to form and legality: (SEAL) Jennifer A. Belpedio \Cr �, Assistance County Attorney `` 11450C-00632/1132963/11 Packet Page -1168-