Agenda 12/08/2020 Item #11D (Resolution: Utility Work by Highway Contractor Agreements)12/08/2020
EXECUTIVE SUMMARY
Recommendation to enter into two Utility Work by Highway Contractor Agreements with the
Florida Department of Transportation (“FDOT”) to have its highway contractor complete all
necessary utility relocation of existing Collier County Water-Sewer District utilities during the
construction of the FDOT I-75 and 951 Interchange Improvements project and authorize the
necessary budget amendment (Project No. 70229).
OBJECTIVE: To approve two Utility Work by Highway Contractor Agreements (“UWHCA”) with two
Appendix Changes to Form Documents with the Florida Department of Transportation; UWHCA
425843-2-56-01 (At FDOT Expense) and UWHCA 425843-2-56-02 (At Utility Expense) during the
construction of the FDOT FPID 425843-2-52-01 I-75 & 951 Interchange Improvements project (the
“FDOT Project”); approve a Resolution memorializing the Board’s approval and authorizing the
Chairman to sign the Agreements; and approve a Third Party Escrow Agreement with the Florida
Department of Transportation and Florida Department of Financial Services, Division of Treasury to
establish an interest bearing escrow account.
CONSIDERATIONS: On December 10, 2019 (Agenda Item 10.E), the Board approved the “Design
Build Collier County I-75 and 951 Utility Relocation Project” to be constructed in advance of the FDOT
Project.
The Board approved a Utility Work Agreement (“UWA”) on October 13, 2020 (Agenda Item 16.C.5)
with FDOT that, in part, requires FDOT to reimburse the County for costs associated with relocating
water mains outside of FDOT right-of-way to avoid conflicts with the FDOT Project. The agreed upon
FDOT Participating Amount is $460,752, with the final reimbursement amount being based on actual
costs at project completion.
While FDOT’s latest work plan calls for construction of the FDOT Project to begin in FY2024/2025,
FDOT wants to be in the position to advertise the FDOT Project in February 2021 should funds become
available.
There are extensive existing water and wastewater utility lines within the FDOT Project limits. The
existing 48-inch, 20-inch, and 10-inch water mains totaling 9,200 linear feet need to be removed to
facilitate the FDOT Project. A 12-inch wastewater force main (1,800 linear feet) also needs to be
removed from the FDOT Project limits and replaced with a 2,270 linear foot force main. The
independent engineer’s construction cost estimate (Attachment 1) for all work is $1,087,236. The
CCWSD cannot do this work in advance without severely impacting the current FDOT interchange and
incurring unnecessary restoration costs. Therefore, the appropriate solution is to enter into the UWHCAs,
which allow the FDOT to construct the aforementioned work as part of the FDOT Project. A $200,000
savings in mobilization, demobilization and maintenance of traffic (“MOT”) is estimated as compared to
the CCWSD constructing this work separately, were that feasible.
UWHCAs (Attachments 2 and 3) give the FDOT’s highway contractor the ability to remove/relocate
CCWSD infrastructure at a theoretically reduced cost. In this case, two UWHCAs are required, one for
non-compensable work (located inside the FDOT ROW) and for compensable work (located outside the
FDOT ROW). Because the FDOT is paying for the compensable work, an amount is not included in the
compensable UWHCA.
Also included attached is a Third Party Escrow Agreement (Attachment 4), establishing an escrow
account for the deposit of funds in an amount equal to FDOT’s official estimate, plus 5% for
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mobilization, MOT administrative costs, and an additional 10% contingency funds covering possible
changes to the Utility Work, between the CCWSD, the FDOT and the State of Florida, Department of
Financial Services, Division of the Treasury. This agreement establishes an interest -bearing escrow with
the funds that the CCWSD agrees to deposit with the State as part of the UWHCA. The corresponding
resolution is included as Attachment 5.
Under the UWHCAs, there will be an FDOT Project account for the entire project, including roadway and
utility work. Pay applications are paid directly from the FDOT Project account, not the CCWSD escrow
account. Monthly, there is a drawdown form the escrow account to the project account. There are
quarterly reconciliations and a final true-up, both of which include a summary of expenditures. The
County can receive copies of these reports from FDOT upon request. At project close-out, any funds
remaining are returned to the CCWSD, including interest accrued.
The independent engineer’s estimated construction cost is $1,087,236. The total project cost includes the
estimated cost of construction plus 10% for contingency and 5% for FDOT construction engineering and
inspection/administration. These costs are divided as follows:
Water (412) Wastewater (414) Total
Engineer’s Estimate $467,042.10 $620,193.80 $1,087,235.90
Contingency (10%) $46,704.21 $62,019.38 $108,723.59
CEI/CEA (5%) $23,352.11 $31,009.69 $54,361.80
Total Estimated Cost $537,098.42 $713,222.87 $1,250,321.29
FISCAL IMPACT: A budget amendment in the amount of $775,243 is necessary to reallocate funding
from another project within the CO Sewer Capital Project Fund (414) to the I-755/CR951 Utility Project
(70229). The source of funding is Water User Fees, Fund (412) and Wastewater User Fees, Fund (414).
If FDOT’s bid to perform the utility work exceeds the $1,250,321 construction cost estimate by more than
ten percent, the CCWSD has the option to rescind the UWHCA and remove the work from the FDOT
contract or accept the higher cost. If the CCWSD accepts the higher cost, it has 14-days to deposit the
required funds in the escrow account. Because this short turnaround time is problematic for providing
funds, Staff recommends increasing the continency amount to 20% and instead depositing $1,359,045 in
the State-held escrow account as detailed below. After FDOT bid results are available, the escrow
contingency amount may be adjusted to 10% and any excess funds returned to the CCWSD.
Water (412) Wastewater (414) Total
Engineer’s Estimate $467,042.10 $620,193.80 $1,087,235.90
Contingency (20%) $93,408.42 $124,038.76 $217,447.18
CEI/CEA (5%) $23,352.11 $31,009.69 $54,361.80
Total Estimated Cost $583,802.63 $775,242.25 $1,359,044.88
According to FDOT, payment will be required between March and October of 2021 if the FDOT Project
is accelerated.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
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RECOMMENDATION: To approve two Utility Work by Highway Contractor Agreements with two
Appendix Changes to Form Documents with the Florida Department of Transportation; approve a
Resolution memorializing the Board’s approval, and authorizing the Chairman to sign the agreements;
and approve a Third Party Escrow Agreement with the Florida Department of Transportation and Florida
Department of Financial Services, Division of Treasury to establish an interest bearing escrow account in
the initial amount of $1,359,044.88.
Prepared By: Benjamin N. Bullert, P.E., Principal Project Manager, Engineering and Project
Management Division
ATTACHMENT(S)
1. Attachment 1 Opinion of Probable Cost (PDF)
2. Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-
56-02 (PDF)
3. Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-
56-01 (PDF)
4. Attachment 4 Third Party Escrow Agreement (PDF)
5. Attachment 5 FDOT Resolution (PDF)
6. UWHCA Presentation (PDF)
7. FDOT Email Direction (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 14194
Item Summary: Recommendation to enter into two Utility Work by Highway Contractor
Agreements with the Florida Department of Transportation (“FDOT”) to have its highway contractor
complete all necessary utility relocation of existing Collier County Water -Sewer District utilities during
the construction of the FDOT I-75 and 951 Interchange Improvements project and authorize the necessary
budget amendment (Project No. 70229). (Tom Chmelik, Public Utilities Engineering and Project
Management Director)
Meeting Date: 12/08/2020
Prepared by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
11/06/2020 2:59 PM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
11/06/2020 2:59 PM
Approved By:
Review:
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 11/09/2020 9:14 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 11/09/2020 9:24 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 11/09/2020 3:15 PM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 11/12/2020 12:59 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Skipped 11/12/2020 4:36 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 11/13/2020 8:29 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 11/25/2020 1:43 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/25/2020 4:49 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/25/2020 4:54 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/30/2020 11:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/30/2020 11:39 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/30/2020 12:02 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/30/2020 4:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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403404405406407408757575757575757575COLLIER BLVD (CR 951)I-75 MAGNOLIA POND DRIVELIMITS OF NON-COMPENSABLE WORK
LOCATION MAP - NON-COMPENSABLE WORK
EXHIBIT ANNTSDAVIS BLVD.(SR 84)11.D.1
Packet Pg. 958 Attachment: Attachment 1 Opinion of Probable Cost (14194 : FDOT UWHCAs - I-75/951)
11.D.2
Packet Pg. 959 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 960 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 961 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 962 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 963 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 964 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 965 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 966 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 967 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 968 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 969 Attachment: Attachment 2 Utility Work By Highway Contractor Agreement - Financial Project ID 425843-2-56-02 (14194 : FDOT UWHCAs - I-
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Packet Pg. 970 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 971 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 972 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 973 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 974 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 975 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 976 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 977 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 978 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 979 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 980 Attachment: Attachment 3 Utility Work By Highway Contractor Agreement Financial Project ID 425843-2-56-01 (14194 : FDOT UWHCAs - I-
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Packet Pg. 981 Attachment: Attachment 4 Third Party Escrow Agreement (14194 : FDOT UWHCAs - I-75/951)
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Packet Pg. 982 Attachment: Attachment 4 Third Party Escrow Agreement (14194 : FDOT UWHCAs - I-75/951)
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Packet Pg. 983 Attachment: Attachment 4 Third Party Escrow Agreement (14194 : FDOT UWHCAs - I-75/951)
11.D.5Packet Pg. 984Attachment: Attachment 5 FDOT Resolution [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
11.D.5Packet Pg. 985Attachment: Attachment 5 FDOT Resolution [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
I-75 and SR-951 FDOT Interchange
UWHCAs and Escrow Agreement
Public Utilities Department
December 8, 2020
Regular Agenda
Collier County | Florida
11.D.7
Packet Pg. 986 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
Objectives
To enter into two Utility Work by Highway
Contractor Agreements (UWHCAs) with FDOT
To complete necessary removal and relocation of
existing utilities within FDOT ROW
To enter into an escrow agreement with the State
Public Utilities Department
Engineering and Project Management Division 2
11.D.7
Packet Pg. 987 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
Scope of Work
Remove 9,200 feet of abandoned water
main from the FDOT Project area
Remove and replace 1,800 feet of force
main within the FDOT Project area
Work can’t be Performed now without
severely impacting the existing
interchange
Estimated $200,000 savings as compared
to the CCWSD working independently
3Public Utilities Department
Engineering and Project Management Division
11.D.7
Packet Pg. 988 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
Work Areas
4Public Utilities Department
Engineering and Project Management Division
Remove or
Abandon
Water Pipes
at Utility
Expense
Remove Water
Pipes at FDOT
Expense
Remove and
Replace Force
Main at Utility
Expense
11.D.7
Packet Pg. 989 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
Results
Completion of all utility adjustments
needed to facilitate the FDOT Project
UWHCAs needed to for FDOT to advance
the Project and advertise in February 2021
Escrow Agreement will be in place
5Public Utilities Department
Engineering and Project Management Division
11.D.7
Packet Pg. 990 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
Recommendation
To approve two Utility Work by Highway
Contractor Agreements with two Appendix
Changes to Form Documents with the Florida
Department of Transportation; approve a
Resolution memorializing the Board’s approval,
and authorizing the Chairman to sign the
agreements; and approve a Third Party Escrow
Agreement with the Florida Department of
Transportation and Florida Department of
Financial Services, Division of Treasury to
establish an interest bearing escrow account in
the initial amount of $1,359,044.88.
6Public Utilities Department
Engineering and Project Management Division
11.D.7
Packet Pg. 991 Attachment: UWHCA Presentation [Revision 1] (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 992Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 993Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 994Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 995Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 996Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)
11.D.8Packet Pg. 997Attachment: FDOT Email Direction (14194 : FDOT UWHCAs - I-75/951)