Agenda 03/27/2012 Item #16C33/27/2012 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to a) approve a Utility Work Agreement with the Florida Department of
Transportation; b) approve a Florida Department of Transportation standard form resolution
authorizing the Chairman of the Board of County Commissioners to execute the agreement; c)
approve a Florida Department of Transportation standard form Utility Termination Agreement for
the Utility Work by Highway Contractor Agreement; and, d) approve a letter to the Florida
Department of Transportation and the Florida Department of Financial Services, Division of
Treasury to terminate a previously executed Memorandum of Agreement.
OBJECTIVE: To minimize disruptions to water and wastewater services associated with the
timely construction of an important road improvement project.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning to widen
State Route 84 (Davis Boulevard) between Santa Barbara Boulevard and Radio Road. The
Collier County Water -Sewer District (CCWSD) has existing underground water and wastewater
facilities that will require relocation to accommodate the road widening project. The relocations
originally were intended to by done by FDOT's highway contractor.
On April 26, 2011, as Agenda Item 16.C.2., the Board of County Commissioners (Board)
approved the FDOT's standard Utility Work Agreement (UWA) and Utility Work by Highway
Contractor Agreement ( UWHCA). Subsequent to the Board's approval of the two agreements,
FDOT changed how the payment of funds was required, and a section of the project's design.
Due to the changes, FDOT never approved nor executed the Board - approved agreements. FDOT
then required an updated version of the UWHCA and Resolution, as well as a Memorandum of
Agreement (MOA) to establish an escrow account for the payment of funds.
On January 10, 2012, as Agenda Item 16.C.1, the Board approved revised versions of the
FDOT's standard UWHCA, Resolution, and MOA to establish an escrow account for the
payment of funds. The Board - approved MOA contained a non - standard term that required the
County and the Collier County Clerk of the Circuit Court (Clerk's Office) to approve the
drawdown of the escrow account. These documents were approved by FDOT's Office of the
General Counsel prior to Board consideration. Subsequent to the Board's approval of the
agreements, the State of Florida, Department of Financial Services, Division of Treasury (DFS),
electronically submitted the Board approved MOA containing the non - standard language that
was executed by FDOT and DFS representatives and concurrently notified the County that it
does not agree to modifications of the MOA coordinated with the FDOT. FDOT and DFS
representatives then advised staff that it executed the MOA in error and destroyed the original.
Due to the lack of coordination by FDOT's Office of the General Counsel, DFS required a new
MOA with the standard language. However, the Clerk will not allow payment under the standard
language without written approval from the State of Florida's Department of Financial Services
Chief Financial Officer (CFO), under CFO policies and procedures. The Clerk's Office was
unable to receive approval from the CFO to meet the FDOT deadline to submit payment.
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3/27/2012 Item 16.C.3.
Therefore, the CCWSD must now perform the utility relocates independently and prior to
construction of the roadway improvement. To construct the relocates separately, the FDOT now
requires a Utility Work Agreement instead of the MOA previously requested. The Utility Work
Agreement is a general agreement that utility relocate work is needed during the project, and that
the cost of relocation is the responsibility of the owner of the facilities. The standard form
Resolution, if approved, will authorize the Chairman of the Board to execute the requisite Utility
Work Agreement. FDOT's construction on the road widening project is anticipated to begin in
July 2012.
The FDOT Utility Termination Agreement is to officially terminate the UWHCA approved by
the Board in January 2012. The letter to FDOT and DFS is notification to officially terminate the
MOA with non - standard language approved by the Board in January 2012. Since FDOT and DFS
consider the MOA void because it contained non - standard language, a simple letter of
termination from the County is necessary for record purposes.
FISCAL IMPACT: Current estimated construction cost is $249,456 for water facilities, and
$300,464 for wastewater facilities (combined total of $549,920). Water user fee funds (Fund
412) in the amount of $249,456 are available in project 70045 for the relocation of water lines.
Wastewater user fee funds (Fund 414) in the amount of $300,464 are available in project 73045
for the relocation of wastewater lines. The project will be bid by request for quote from the five
fixed -term contract underground contractors, and brought before the Board for approval by May
2012.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote. -JBW
GROWTH MANAGEMENT IMPACT: This project is consistent with and will further the Goals,
Objectives, and Policies of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing
Board of the Collier County Water -Sewer District, approve
1. a Utility Work Agreement (UWA) with the Florida Department of Transportation;
2. a Florida Department of Transportation standard form Resolution authorizing the
Chairman to execute the UWA;
3. a Florida Department of Transportation standard form Utility Termination Agreement;
and,
4. a letter to the Florida Department of Transportation and the Florida Department of
Financial Services, Division of Treasury.
Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management
Department.
Packet Page -949-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
3/27/2012 Item 16.C.3.
Item Summary: Recommendation to a) approve a Utility Work Agreement with the
Florida Department of Transportation; b) approve a Florida Department of Transportation
standard form resolution authorizing the Chairman of the Board of County Commissioners to
execute the agreement; c) approve a Florida Department of Transportation standard form
Utility Termination Agreement for the Utility Work by Highway Contractor Agreement; and, d)
approve a letter to the Florida Department of Transportation and the Florida Department of
Financial Services, Division of Treasury to terminate a previously executed Memorandum of
Agreement.
Meeting Date: 3/27/2012
Prepared By
Name: Nathan Beals
Title: Project Manager, Associate,Public Utilities Engine
3/9/2012 3:05:36 PM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 3/12/2012 2:42:50 PM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 3/13/2012 9:12:20 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 3/13/2012 12:55:30 PM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 3/13/2012 4:18:35 PM
Name: WhiteJennifer
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3/27/2012 Item 16.C.3.
Title: Assistant County Attomey,County Attorney
Date: 3/13/2012 4:57:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/15/2012 9:29:00 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/15/2012 2:53:53 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/19/2012 12:01:12 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/20/2012 10:56:40 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/20/2012 11:21:06 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/20/2012 11:36:50 AM
Packet Page -951-
3/27/2012 Item 16.C.3.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION Forth No.
UTILITY AGREEMENT utilities
Rev.DO/00
Financial Project ID: 195416- 4 -52 -01
Federal Project ID: N/A
County /Section No: 03001
State Road No.: 84
District Document No: 1
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 FDOT 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 Agreement, hereinafter referred to as the "Agreement';
NOW, THEREFORE, BE IT RESOLVED BY THE UAO:
That Fred W. Coyle, Chairman 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 FDOT.
A certified copy of this Resolution is to be forwarded to the FDOT along with the executed Agreement.
ON MOTION of , seconded by _
and passed by the UAO on the _ day of , year of
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, DEPUTY CLERK
Approval for form and legal Sufficiency:
JennifTr B. White
Assistant County Attorney
the above resolution was introduced
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND
EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT
By:
FRED W. COYLE, CHAIRMAN
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3/27/2012 Item 16.C.3.
Form No 710- 010 -55
Utilities
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
Financial Project ID: 195416- 4 -52 -01
Federal Project ID: N/A
County: Collier
State Road No.: 84
District Document No: 1
Utility Agency /Owner (UAO): Collier County Water -Sewer District
THIS AGREEMENT, entered into this day of , year of , 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 UAO owns or desires to install certain utility facilities which are located on
the public road or publicly owned rail corridor identified below, hereinafter referred to as the
"Facilities" (said term shall be deemed to include utility facilities as the same may be relocated,
adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing,
reconstructing, or otherwise changing a public road and other improvements located on a public
road or publicly owned rail corridor identified as Davis Boulevard, from East of Santa Barbara
Blvd. to West of Radio Rd. (CR 856), State Road No.84, hereinafter referred to as the "Project ";
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, under the law of the State of Florida, the Utility Work must be performed at the
sole cost and expense of the UAO; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes
the terms and conditions applicable to 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. Performance of Utility Work
a. The UAO shall perform the Utility Work in accordance with the utility relocation
schedule attached hereto as Exhibit A and by this reference made a part hereof (the
Schedule) and the plans and specifications for the Utility Work which have been
previously approved by the FDOT (the Plans), said Plans being incorporated herein
and made a part hereof by this reference. If the Schedule and the Plans have not
been prepared as of the date of the execution of this Agreement, then the Utility Work
Page 1 of 10
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3/27/2012 Item 16.C.3.
Forth No. 710-010-55
Utilities
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
shall be performed in accordance with the Plans, and the Schedule that are hereafter
prepared in compliance with the notice previously sent to the UAO which established
the terms and conditions under which those documents are to be prepared. The
FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by
the FDOT nor a substitution for the proper exercise of engineering judgment and the
UAO shall at all times remain responsible for any errors or omissions in the Plans.
The Utility Work shall include all Facilities located on the Project and neither the
failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor
the failure of the FDOT to identify this omission during its review of the Plans shall
relieve the UAO of the obligation to make those Facilities part of the Utility Work.
Time shall be of the essence in complying with the total time shown by the Schedule
for the Utility Work as well as any and all interim time frames specified therein. The
Utility Work shall be performed in a manner and using such methods so as to not
cause a delay to the FDOT or its contractors in the prosecution of the Project. 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 or the Schedule
(including location of the Facilities and the proper inclusion of all Facilities as part of
the Utility Work as stated above); failure to perform the Utility Work in accordance
with the Plans and Schedule; or failure of the UAO to comply with any other obligation
under this Agreement or under the law.
b. All Utility Work shall be performed by UAO's own forces or its contractor at the
UAO's sole cost and expense. The UAO shall be responsible for obtaining any and
all permits that may be necessary to perform the Utility Work. The FDOT's Engineer
/__ t1__il____' _I_t :._.J L..LI__
kas that term Is defined' by the ruv i -s atanuard opecrncations Tor Road and tsrluge
Construction) 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 and Schedule as the FDOT's
engineer shall determine are necessary for the prosecution of the Project and shall
stop work or modify work upon order of the FDOT's engineer as determined by the
FDOT's engineer to be necessary for public health, safety or welfare. 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 1 a.
c. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a
notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify
the appropriate FDOT office in writing prior to beginning the Utility Work and when the
UAO stops, resumes, or completes the Utility Work. The Utility Work shall be
performed under the conditions of, and 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 (Nate: Intent of this line is to
allow either attachment of or separate reference to the permit).
2. Claims Against UAO
Pam 2 of In
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3/27/2012 Item 16.C.3.
Form No. 710-010-55
Utilities
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10 /04
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
a. 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, in accordance with the FDOT's
procedure, 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.
b. 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.
3. Out of Service Facilities
No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer
active (hereinafter Placed out of service /Deactivated) unless specifically identified as such
in the Plans. The following terms and conditions shall apply to Facilities Placed out of
service /Deactivated, but only to said Facilities Placed out of service /Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility for
Facilities Placed out of service /Deactivated.
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 UAU. in the event of a breach of this Agreement by the UAV, the f=acilities
shall be removed upon demand from the FDOT in accordance with the provisions of
subparagraph 3. 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 concerning the Facilities
that are Placed out of service /Deactivated of the FDOT or other permittees using or
seeking use of the right of way.
e. The UAO shall remove the Facilities upon 30 days prior written 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 determines that use of the right of way is
needed for other active utilities that cannot be otherwise accommodated in the right of -
way. In the event that the Facilities that are Placed out of Service /Deactivated would
Pana % of in
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4.
3/27/2012 Item 16.C.3.
Form No. 710 -010 -55
Utilities
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
not have qualified for reimbursement under this Agreement, 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. In the event that the
Facilities that are Placed out of Service /Deactivated would have qualified for
reimbursement only under Section 337.403 (1)(a), Florida Statutes, 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 because such a
removal would be considered to be a separate future relocation not necessitated by
the construction of the project pursuant to which they were Placed out of
service /Deactivated, and would therefore not be eligible and approved for
reimbursement by the Federal Government. In the event that the Facilities that are
Placed out of service /Deactivated would have qualified for reimbursement for other
reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as
though the Facilities had not been Placed out of service /Deactivated. 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.
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
F..�..... .......J a............... aL... C.... :I�:....... ��......, LL......................i ...... L."- .......t....., ....L,..a........,
IUCUIC I ICCU LV ICII IVVC CI IC Facilities VI II VI II CI IC IJICSCI IC:C VI filly I ICILCIIUVUJ �UU,IaI IC e
or material in the Facilities or the discharge of hazardous substances or materials
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.
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 60 days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) 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 60 days from written notice thereof from the FDOT until such time as the
Pane d of in
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3/27/2012 Item 16.C.3.
Form No. 710-010-55
Utilities
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10/04
UTILITY WORK AGREEMENT Awk
(at UAO's Sole Expense)
.4 T
breach is cured.
(4) Pursue any other remedies legally available.
(5) 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 60 days from written notice thereof from the UAO.
(2) 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 and from any statutory obligations
that either party may have with regard to the subject matter hereof.
5. Indemnification
FOR GOVERNMENT -OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the
FDOT all oft officers, �rYCnnf, Qn i CI I .to yees Ifro any claim, loss , UCa. dge , Cost, 1 d1 1U Cal ILJ VI IL.0 j I IU
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.
0- F of In
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3/27/2012 Item 16.C.3.
Form No. 710 -010 -55
Utilities
10 /04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
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 UAO is not liable or determines the FDOT is solely negligent. Only a
final adjudication or 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.
6. 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.
7. Miscellaneous
a. The Facilities shall at all times remain the property of and be properly protected and
maintained by the UAO in accordance with the then current Utility Accommodation
Manual and the current utility permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, 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,
Pane R of in
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3/27/2012 Item 16.C.3.
Form No. 710-010-55
Utilities
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT AOW
(at UAO's Sole Expense)
and made or received by the UAO in conjunction with this Agreement.
C. 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 shall be applicable at the time of the Project and the relocation of
the Facilities and except that the UAO and the FDOT may have entered into joint
agreements for Utility Work to be performed by FDOT's highway contractor. To the
extent that such a joint agreement exists, this Agreement shall not apply to Facilities
covered by the joint agreement. Copies of FDOT manuals, policies, and procedures
will be provided to the UAO upon request.
d. 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 provisions hereof.
e. Time is of the essence in the performance of all obligations under this Agreement.
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 Inles, fVI IIVLIVGJ LV uG OUIIL [JJUIJUQIII. LV LIIIJ nglCCi'iiClll. V IICJJ VLIIC VVIOV IIVLIIICU It
writing, notices shall be sent to the following addresses:
If to the UAO:
Nathan Beals, Project Manager
Collier County Public Utilities Division
3339 East Tamiami Trail, Suite 303
Naples, FL 34112
If to the FDOT:
Walter L. Childs, Jr.
MS 1 -11
801 N. Broadway
Bartow, FL 33830
8. 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
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3/27/2012 Item 16.C.3.
Form No. 710-010-55
Utilities
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
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."
Paae 8 of 10
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Form No. 710 -010 -55
Utilities
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole 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 District
BY: (Signature) DATE:
(Typed Name: Fred W. Coyle)
(Typed Title: Chairman of the Board of County
Commissioners)
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: Chris Smith)
(Typed Title: Director of Transportation Development)
ATTEST: Approved as to form & lega f Sufflolency
DWIGHT E. BROCI, Claris
By: Page 9 of 10�
Ass Want County Attorney
Form No. 710 -010 -55
Utilities
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO's Sole Expense)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
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Page 10 of 10
DATE:
3/27/2012 Item 16.C.3.
FORM (District I form # -32)
UTILITIES - 04194
Page I of 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY TERMINATION AGREEMENT
LvIOOADWAAY
ID _
aR _
.. COUNTY
PAR NO ..
FAP
1954164-56 -01
03001
84
Collier
N/A
N/A
THIS AGREEMENT, made and entered into this day of , 20_, 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 UTILITY, an organization organized and existing
under the laws of the State of Florida , with its principal place of business in Naples, County of Collier, State of Florida.
WITNESSETH:
WHEREAS, the FDOT and the UTILITY heretofore on the 30th day of Januarv, 2012,
entered into an Agreement whereby the UTILITY agreed to perform certain services for the FDOT under State Job No.
195416- 4- 56 -01,
AND WHEREAS, the parties hereto are now desirous of terminating said Agreement,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as
follows:
I . That the UTILITY and the FDOT hereby agree to the cancellation and termination of said agreement and �
each of the parties hereby releases and discharges the other from any further claims or demands thereunder.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized
officers, and their official seals hereto affixed, the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
DWIGHT E. BROCK, CLERK FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND
EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
By: WATER -SEWER DISTRICT
DEPUTY CLERK
By:
Approval for form and legal Sufficiency:
Wl '-oi,
Jenni r B. White
Assistant County Attorney
FRED W. COYLE, CHAIRMAN
FDOT Approved as to Form, Legality and Execution -
BY: BY:
Attorney District Utility Engineer
Packet Page -963-
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST(s):
(Title: Director of Transportation Development )
(Title:
Packet Page -964-
3/27/2012 Item 16.C.3.
FORM (District I form 432)
UTILITIES - 04/94
Page 2 of 2
(SEAL)
RECYCLED PAPER
3/27/2012 Item 16.C.3.
AMW
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning
District 1 District 2 District 3
March 27, 2012
Bureau of Collateral Management
Attn.: Jovita Ashton
Hermitage Centre
1801 Hermitage Blvd., Suite 470
Tallahassee, FL 32308
Office of General Accounting, FDOT
Attn.: Joseph Kowalski
605 Suwannee St.
Tallahassee, FL 32399
Fred W. Coyle Jim Coletta
District 4 District 5
RE: Memorandum of Agreement between the Department of Transportation, Department of Financial
Services, and Collier County Water -Sewer District for Financial Project Number 195416- 4- 56 -01,
ARI #10335
Dear Ms. Ashton and Mr. Kowalski:
On February 7, 2012, the Florida Department of Financial Services, Division of Treasury (DFS) notified
the Collier County Water -Sewer District (CCWSD) that it destroyed the original of the fully executed
Memorandum of Agreement (MOA), dated February 6, 2012 (attached), between the Florida
Department of Transportation (FDOT), the DFS, and the CCWSD because it contained non - standard
language changes.
Due to unforeseen events, CCWSD does not plan to have FDOT relocate the lines for the above
mentioned road project. Because escrow of funds for the utility relocation is no longer necessary,
consider this letter official notification of CCWSD's termination of the MOA providing for same.
FWC /kjb
Sincerely,
Fred W. Coyle, Chairman
Commissioner, District 4
3299 Tamiami Trail East, Suite 303 • t packet Page -965-'239-212-8191 • FAX 239- 252 -3602
f. �/ V 3/27/2012 Item 16.C.3.
Florida Department - of Transportation
RICK SCOTT
GOVERNOR
February 1, 2012
Bureau of Collateral Management
Attn.: Jovita Ashton
Hermitage Centre
1801 Hermitage Blvd., Suite 470
Tallahassee, FL 32308
Dear Ms. Ashton:
605 Suwannee Street
Tallahassee, FL 32399 -0450
ANANTH PRASAD, P.E.
SECRETARY
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Enclosed for your signature are four original Memorandum of Agreements between the
Department of Transportation, Department of Financial Services, and Collier County Water -
Sewer District for Financial Project Number 195416- 4- 56 -01, ARI #10335. Please
retain one package for your files and return the other three as soon as possible.
The funds for this agreement will be sent to your office upon receipt.
If you have any questions, please contact me at 414 -4885 or Bonnie Kirchgessner at 414-
4889.
Sincerely,
{
Charmaine Small
LFA Accountant
General Accounting
Packet Page -966-
3/27/2012 Item 16.C.3.
MEMORANDUM OF AGREEMENT
1V
THIS AGREEMENT, made and entered into this i, , day of r RlI ,
2012, by and between the State of Florida, Department of Transportation, hereinafter
referred to as "FDOT" and the State of Florida, Department of Financial Services,
Division of Treasury, hereinafter referred to as "TREASURY" and (Collier County Water -
Sewer District), hereinafter referred to as the "PARTICIPANT'.
WITNESSETH
WHEREAS, "FDOT " is currently constructing the following project:
k�
Main Financial Project No.: 195416- 4- 5f01 -"
County: Collier
hereinafter referred to as the "PROJECT'.
WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded
Agreement dated 30 , 2012, wherein FDOT agreed to perform certain work on
behalf of the PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in
the best interest of the FDOT and the PARTICIPANT to establish an interest bearing
escrow account to provide funds for the work performed on the PROJECT on behalf of
the PARTICIPANT by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants
contained herein, the parties agree to the following:
1. An initial deposit in the amount of five hundred forty nine thousand nine
hundred twenty and 00 /100 dollars ($549,920.00) will be made by the PARTICIPANT
into, an interest bearing escrow account established by the FDOT for the purposes of
the PROJECT. Said escrow account will be opened with the TREASURY on behalf of
the FDOT upon receipt of this Memorandum of Agreement. Such account will be an
asset of the FDOT.
2. Other deposits may be made by the PARTICIPANT as necessary to cover
cost increases or the cost of additional work prior to the execution of any Supplemental
Agreements or Amendments.
Packet Page -967-
3/27/2012 Item 16.C.3.
350- 020 -300 -m
Page 2of3
3. Payment will be made as follows (check appropriate payment method):
F-1 Wire transfer
E] ACH deposit
0 Check
A wire transfer or ACH deposit is the preferred method of payment and should be used
whenever possible. Following is the wiring and ACH deposit instructions:
For wire transfers: Bank of America
Account # 001009068974
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT — K 11 -78, Financial Project #
For ACH deposits: Bank of America
Account# 001009068974
ABA # 063100277
Chief Financial Officer of Florida
Re: DOT — K 11 -78, Financial Project #
If a check is the method of payment, the check shall be made payable to the
Department of Financial Services, Revenue Processing and mailed to the FDOT, OOC-
GAO for appropriate processing at the following address:
Florida Department of Transportation
OOC -GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
A copy of this Agreement should accompany any deposits. When the check is
mailed to Tallahassee, the District Office should instruct the PARTICIPANT to
mail the District Office a copy of the check.
4. Notwithstanding any prior written arrangement by the parties, the FDOT's
Comptroller or designee, Participant and Collier County Clerk of Court, shall be the
signatories on the escrow account with the TREASURY. Only with written confirmation
from all parties will there be authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated
in the escrow account shall remain in the account for the purposes of the PROJECT as
defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds
to the FDOT.
7. The TREASURY further agrees to provide periodic reports to the FDOT.
Packet Page -968-
3/27/2012 Item 16.C.3.
350 - 020 -300 -m
Page 3 of 3
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STATEIOF FLORIDA L, (STATE OF-f:LORIDA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL
COMPTROLLER SERVICES, DIVISION OF TREASURY
ATTEST: CUSTOMER:
Wight 'E Br' "._ le k
to t Go WWI
3 i; gfiatur� 011;�.�
Approved as to form and
Legal sufficiency:
Jennifer B White
Assistant County Attorney
59- 6000558
FEDERAL EMPLOYER I.D. NUMBER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ,, )
Chairman
Date: O 1410�iZ
Packet Page -969-