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Backup Documents 10/13/2020 Item #16C5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Risli-Management Risk-Management 3. County Attorney Office County Attorney Office le))/b/2. 4. BCC Office Board of County BS by JH/s/ 10-16-20 Commissioners I 5. Minutes and Records Clerk of Court's Office ' tb1at12D -t 'p- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ben Bulert/PUD Phone 239-252-2583 Contact/ Department Agenda Date Item was October 13,2020 Agenda Item Number 16C5 Approved by the BCC Type of Document Utility Work Agreement with the Florida Number of Original 1 Attached Department of Transportation for the relocation Documents Attached of existing Collier County Water-Sewer District ("CCWSD"),along with the attached Resolution PO number or account N/A number if document is �� �(��4 to be recorded �5 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone"on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 13,2020 and all changes made BB during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. Th1*d Qcoç O„nu,k ¶a - r a fi '(\4r cjb a k4 I:Forms/County Forms/BCC Forms/Original Documents Routinhog ip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revise 11/30/12 t b C Ann P. Jennejohn From: FeyEric <Eric.Fey@colliercountyfl.gov> Sent: Monday, October 26, 2020 12:27 PM To: Ann P.Jennejohn Cc: ChmelikTom; BullertBenjamin Subject: RE: Item #16C5 (10-13-20) Resolution and FDOT Utility Work Agreement Importance: High Ann, Thank you for your attention to this matter. In his below email on Monday, October 19, 2020 11:25 AM, Mike Clark said, "Due to the Covid-19 pandemic the Department is using DocuSign to execute agreements. ... Please send me a scanned version of the signed agreement via email and I will make the arrangements." Mike's email address is Mike.Clark@dot.state.fl.us. Per Mike's instructions, we do not need to transmit a hard copy. When you email the resolution and UWA to Mike, please copy Tom Chmelik, Ben Bullert, and me. Respectfully, Eric Fey, P.E. Principal Project Manager Cot-r County Public Utilities Engineering&Project Management Division Continuous Improvement 3339 Tamiami Trail East,Suite 303,Naples,Florida 34112-5361 Phone:239.252.1037 Cell:239.572.0043 "HOW ARE WE DOING?" Please click here for our Customer Service Survey From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Monday, October 26, 2020 11:35 AM To: FeyEric<Eric.Fey@colliercountyfl.gov> Subject: Item#16C5 (10-13-20) Resolution and FDOT Utility Work Agreement EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morvtivtg Eric, I spoke with f3evt 13u(ert this wtorvtivtg avid he i • advised you would be overseeing the Resolution/ L FDOT Utility Work Agreement that needs to go V to FDOT. I'd be more than happy to send that out. I'll need the contact name of who it is to be sent to, and the mailing address of where it is to go. Also, if you'd like it send out FEDEX I will need a FedEx Account number for billing purposes. Thank you. Ann Jenne,john 13MR Senior Deputy Clerk tal.{of*1,4 Clerk to the Value Adjustment Board �,�'� '�•,, Office: 239—252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennjohn@CollierClerk.com , �, Office of the Clerk of the Circuit Court 1``` A"`` & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 341-12-5324 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskPcollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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. 2 1 C5 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, October 26, 2020 2:35 PM To: 'mike.clark@dot.state.fl.us' Cc: FeyEric; BullertBenjamin; ChmelikTom Subject: Collier County Resolution 2020-181 (Memorializing an FDOT Utility Work Agreement) Attachments: Resolution 2020-181.pdf Good Afternoon, Please see attached for further processing. Please forward a copy of the executed and signed agreement to this office for the records of the Board of County Commissioners. Thank you. Ann Jennejohn 13MR Senior Deputy Clerk t,•.tT ,,T Clerk to the Value Adjustment Board ���� rr•,F Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.covn rrr mac. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tavniavni Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.covvt i 16C5 RESOLUTION NO. 2020- 1 8 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ("CCWSD"), MEMORIALIZING THE APPROVAL OF A FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") UTILITY WORK AGREEMENT (FINANCIAL PROJECT ID: 425843-2-56-12) AT ITS OCTOBER 13, 2020, MEETING, FACILITATING THE COORDINATION AND RELOCATION OF CCWSD UTILITY FACILITIES WITHIN THE PROJECT LIMITS OF FDOT'S PLANNED INTERCHANGE IMPROVEMENTS AT I-75 AND SR 951, AND PROVIDING A MEANS FOR FDOT TO REIMBURSE THE COLLIER COUNTY WATER-SEWER DISRICT FOR ITS COST IN RELOCATING CERTAIN UTILITY FACILITIES. WHEREAS, at its October 13, 2020, meeting the Collier County Board of County Commissioners (the "Board"), acting as the ex-officio governing Board of the Collier County Water-Sewer District, approved a Utility Work Agreement with the FDOT that provides a formal mechanism for FDOT to reimburse the Collier County Water-Sewer District for costs that will be incurred to relocate certain public utility facilities located within the project limits of FDOT's planned interchange improvements at I-75 AND SR-951;and WHEREAS, the FDOT requires that the Board submit a Resolution memorializing the Board's approval of the attached Utility Work Agreement (FINANCIAL PROJECT ID: 425843-2-56-12) and the authority of its Chairman or designated authority to execute the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: 1. The foregoing WHEREAS clauses are incorporated herein by reference. 2. The Board of County Commissioners of Collier County, Florida, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, hereby approved the attached subject Utility Work Agreement (Financial Project ID: 425843-2-56-12) and authorized its Chairman or designated authority to execute that Agreement at its October 13,2020 meeting. fi 3. This Resolution shall become effective immediately upon its adoption. � 1 0 16C5 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 13th day of October 2020 after majority vote. ATTEST: BOARD OF COUNTY COMMIIONEI , COLLIER COUNTY,FLORIDA A:S`THE {r, • 1 EX-OFFICIO GOVERNING BOLR,D ;' Crystal,Clerk of Cqurts OF THE COLLIER COUNTY WWTR- &Comptroller SEWER DISTRICT ;f 2, • ti ! ` C.. , 01..SI a f s tfestas at ns /� ..Si nature only. BY :if' Burt L. Saunders,Chairman Ap ed as to form and legality: ,....,:ti c R. Teach Deputy County Attorney It m# ..1. PYenda 1 DAVID Late D_PO .". i^;Lit ' ..—..i. ''. ii A 2 6 I 16C5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-0t044 UTILITY WORK AGREEMENT UTILITIES 10/04 (FDOT PARTICIPATING IN EXPENSE) Financial Project ID:425843-2-56-12 Federal Project ID: NIA County:Collier State Road No.:951 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 425843-21-75 0 SR 951, State Road No. 951, 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, the UAO, in accordance with and subject to the limitations of the terms and conditions of this Agreement, is entitled to be reimbursed for some portion or all of the Utility Work; 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 FOOT 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"), the plans and specifications for the Utility Work which have been previously approved by the FOOT(the"plans"),said Plans being incorporated herein and made a part hereof by this reference, and the detailed cost breakdown for the Utility Work(the"estimate")previously prepared. if the Schedule,the Plans,and the Estimate have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate 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 FOOT 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, Schedule,or Estimate(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 Page 1 of 10 �CZ ibC5 STALE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54 UTILITY WORK AGREEMENT UTILITIES 10/04 (FDOT PARTICIPATING IN EXPENSE) 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 the UAO's own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT's Engineer(as that term is defined by the FDOT's Standard Specifications for Road and Bridge 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, Estimate 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 N/A (Note: Intent of this line is to allow either attachment of or separate reference to the permit). 2. Claims Against UAO 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. c. The FDOT may withhold reimbursement 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 FDOT to FDOT's contractor. 3. Reimbursement for Utility Work a. The FDOT agrees to reimburse the UAO for a portion of the cost of the Utility Work, hereinafter referred to as the"FDOT Participating Amount." The FDOT Participating Amount is established by the FDOT's Utility Estimate Summary form or similar form submitted to and accepted by the FDOT and the forms supporting documentation. The FDOT Participating Amount is estimated to be$460,752.00. Any costs not included in the approved Plans and Estimate and any location work (vertically or horizontally)or other engineering work performed to determine the compensability of the Utility Work shall not be reimbursed by the FDOT. The UAO shall obtain written approval from the FDOT prior to performing Utility Work which exceeds the Estimate or which is not in the Plans. b. The method to be used in calculating the cost of the Utility Work shall be one of the following (check which option applies): Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Page 2 of 10 16C5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.7 1 0-01 0 5 4 UTILITY WORK AGREEMENT UTILITIES 10/04 (FDOT PARTICIPATING IN EXPENSE) ❑ Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the UAO and approved by the FDOT's. (If this option is selected, the UAO shall provide written evidence of such approval). ❑ An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior to the execution of this Agreement. c. In determining the amount of the cost of the Utility Work to be reimbursed,a credit will be required for any increase in the value of the new Facility and for any salvage derived from the old Facility. These credits shall be determined as follows: (1) Increase in value credit. (a) Expired Service Life. If an entirely new Facility is constructed and the old Facility retired, credit for the normally-expected service life of the old Facility applies, and will be determined as of the time of the issuance of the work order. This credit shall be deducted proportionally from each invoice for the Utility Work. (b) Upgrading. A percentage of the total cost of the Utility Work,based on the extent of the betterment obtained from the new Facilities,to be determined as of the time of the issuance of the work order,will be applied equally to each billing for the Utility Work. (2) Salvage Value. The FDOT shall receive salvage value credit for any salvage which shall accrue to the UAO as a result of the above Utility Work. It is the UAO's responsibility to ensure recovery of salvageable materials and to report the salvage value of same to the FDOT. This Salvage Value credit shall be applied as provided in Paragraph 4 c. 4. Invoice Procedures for FOOT Participating Amount The following terms and conditions apply to all invoices submitted pursuant to this Agreement for reimbursement of the FOOT Participating Amount: a. The UAO may,unless reimbursement is on a lump sum basis pursuant to Subparagraph 3. b. hereof, at monthly intervals, submit progress invoices for all costs incurred for the period covered by the invoice. In addition to deductions for applicable credits, which deductions shall be shown on the invoice,the FOOT will retain ten(10%)percent of such progress invoices. Retainage will be paid with the final invoice. If reimbursement is on a lump sum basis pursuant to Subparagraph 3.b. hereof,the lump sum invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below. b. The UAO shall submit a final invoice to the FDOT for payment of all Utility Work within one hundred and eighty(180)days after written notification from the FDOT of final acceptance of the Utility Work. The UAO waives all right of reimbursement for invoices submitted more than one hundred eighty(180) days after written notification of final acceptance of the Utility Work. The FDOT does not waive its right to reject future untimely invoices by acceptance and payment of any invoices not submitted within one hundred eighty(180)days after written notification of final acceptance of the Utility Work. Papa 3 of 10 16C5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-$4 UTILITY WORK AGREEMENT UTILITIES 10l04 (FDOT PARTICIPATING IN EXPENSE) c. All invoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph 1. The totals for labor, overhead, travel expenses, transportation, equipment, materials and supplies, handling costs and all other services shall be shown in such a manner as will allow ready comparison with the approved Plan and Estimate. Materials shall be itemized where they represent major components. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in relative position with the charge for the replacement or the original charge for temporary use. d. All invoices shall be submitted in triplicate and shall show the description and site of the project and the location where the records and accounts invoiced can be audited. Adequate reference shall be made in the invoicing to the UAO's records, accounts, and other relevant documents. e. All cost records and accounts shall be maintained in the auditable condition for a period of eight hundred twenty(820)days after final payment is received by the UAO and shall be subject to audit by a representative of the FDOT at any reasonable time during this eight hundred twenty(820)day period. f. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Such detail shall include, but not be limited to, a separation of costs for work performed by UAO's employees and work performed by UAO's contractor. g. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. A state agency may establish rates lower than the maximum provided in Section 112.061, Florida Statutes. h. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and services. The FDOT has twenty (20) days from the latter of the date the invoice is received or the goods or services are received, inspected and approved to deliver a request for payment(voucher)to the Department of Financial Services or to return the invoice to the UAO. If a warrant in payment of an invoice is not issued within forty(40)days from the latter of the date the invoice is received or the goods or services are received, inspected and approved,a separate interest penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in addition to the invoice amount, to the UAO. Interest penalties of less than one (1)dollar will not be enforced unless the UAO requests payment. Invoices which have to be returned to the UAO because of UAO's preparation errors,will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FDOT. In the event of a bona fide dispute, the FDOT's voucher shall contain a statement of the dispute and authorize payment only of the undisputed amount. j. In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. k. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850) 410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792. In accordance with the Florida Statutes, the FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The FDOT shall require a statement from the comptroller of the FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one(1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;and this Paragraph shall be incorporated verbatim in all contracts of the FDOT Page 4of 10 16C5 STATE of FLORIDA DEPARTMENT of TRANSPORTATION Forth No.710-010-54 UTILITY WORK AGREEMENT UTILITIES JOIN (FDOT PARTICIPATING IN EXPENSE) which are for an amount in excess of$25,000.00 and which have a term for a period of more than one (1)year. For this purpose,the individual work orders shall be considered to be the binding commitment of funds. m. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. n. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. 5. 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 FOOT 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 UAO. In the event of a breach of this Agreement by UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 5. 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 FOOT 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 FOOT 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 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 Pap$of10 cis 16C5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54 UTILITY WORK AGREEMENT UTILITIES 10/04 (FDOT PARTICIPATING IN EXPENSE) 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. 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 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. 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 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 FOOT 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 60 days from written notice thereof from the FDOT until such time as the breach is cured. (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 60 days from written notice thereof from the UAO. Page 6 of 10 16C5 STATE Of FIORIDA DEPARTMENT Of TRANSPORTATION Form No.710-010-54 UTILITY WORK AGREEMENT UTILITIES 10/04 (FDOT PARTICIPATING IN EXPENSE) (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. (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 and from any statutory obligations that either party may have with regard to the subject matter hereof. 7. 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 FOOT 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 wilt 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 FOOT ( 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 FOOT 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 FOOT and all of its officers,agents,and employees from any claim, toss, 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. 8. Force Majeure { Page 7 of 10 Cr0 16C5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54 UTILITY WORK AGREEMENT UTILITIES (FDOT PARTICIPATING IN EXPENSE) 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 estimated duration,(b)promptly remedied or mitigated the effect of the occurrence to the extent possible,and(c)resumed performance as soon as possible. 9. Miscellaneous a. If the Utility Work is reimbursable under this Agreement,the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in connection with the Utility Work covered by this agreement,and such compliance will be governed by the method marked below: The UAO will perform all or part of such Utility Work by a contractor paid under a contract let by the UAO,and the Appendix"A"of Assurances transmitted with the issued work order will be included in said contract let by the UAO. ❑ The UAO will perform all of its Utility Work entirely with UAO's forces,and Appendix"A"of Assurances is not required. ❑ The Utility Work involved is agreed to by way of just compensation for the taking of the UAO's facilities on right-of-way in which the UAO holds a compensable interest, and Appendix"A"of Assurances is not required. ❑ The UAO will perform all such Utility Work entirely by continuing contract,which contract to perform all future Utility Work was executed with the UAO's contractor prior to August 3, 1965, and Appendix"A"of Assurances is not required. b. 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. c. 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,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 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 FOOT manuals, policies, and procedures will be provided to the UAO upon request. 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 provisions hereof. f. Time is of the essence in the performance of all obligations under this Agreement. g. 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 Page e of 10 CA0 16C5 STATE OF FLOPIOA DEPARTMENT OF TRANSPORTATION Form No.710-010-5A UTILITY WORK AGREEMENT UTILtTlES 10104 (FOOT PARTICIPATING IN EXPENSE) 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 FOOT 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: Tom Chmelik, Division Director Collier County Public Utilities Department Engineering&Project Management Division 3339 Tamiami Trail East, Suite 303, Naples, FL 34112-5361 If to the FOOT: M.Wayne Shelton, District Utility Administrator Florida Department of Transportation-District One 801 N. Broadway Ave., Bartow FL, 33830 10. Certification This document is a printout of an FOOT 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." 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. 0 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 Wa -Sewer District • BY: (Signature) DATE:/6"i 20 (Typed Name: Burt L.Saunders) (Typed Title:Chairman.Collier Co.BCC&CCWSD Gov. Board) Recommend Approval by the District Utility Office BY: (Signature) DATE: FOOT Legal review BY: (Signature) DATE: ATTEST --7 CRYSTAL K.KiNZBE.,CLERK Page 9 0110 proved t fo a legalitC CAo BY: i6C5 STATE OF FLORIDADEPARTMENT OF TRANSPORTATION FORS No 710-01044 UTILITY WORK AGREEMENT U11U0ES 104 (FOOT PARTICIPATING IN EXPENSE) District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name:John Kubler.P.E.) T a ed Title:Director of Trans•ortation Develo a ment FEDERAL HIGHWAY ADMINISTRATION(if applicable) BY: DATE: (Typed Name: NIA) (Typed Title:NIA) I ' is Pogo 10 of 10 0 ij 3 710-010-08 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS (Appendix A of Assurances) Financial Project ID:425843-2-56-12 Federal Project ID:0754-161-1 County: Collier State Road No.: 951 District Document No: 1 Utility Agency/Owner(UAO): Collier County Water-Sewer District During the performance of this Agreement,the Utility Agency Owner(UAO),for itself,its assignees and successors in interest(hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION(hereinafter referred to as the DEPARTMENT)relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the"Regulations"),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO,with regard to the work performed by it after award and prior to completion of the UAO work,will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors,including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix A&B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America"Requirements:The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision,"steel and/or iron products"means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content,physical shape or size,or final finish of a product,beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process,it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1%of the total amount of this Agreement,or$2,500.00 whichever is greater.The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work.Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement.The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1%of the total amount of the agreement between the Florida Department of Transportation and the UAO,or$2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto,and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. cAo 16GS . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS uTILI S (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs(1)through(4),the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies;and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment,unless exempt by the Regulations,order or instructions issued pursuant thereto. 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