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Agenda 07/11/2023 Item #16F5 (First Amendment for contractor Douglas N. Higgins Inc. to continute to use County-owned property for the Naples Park Public Utilities Renewal Project on 105th Ave. N. and 106th Ave. N.)16.F.5 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation to approve First Amendment to License Agreement to clarify the term to allow Collier County Water -Sewer District contractor Douglas N. Higgins, Inc. to continue to use County -owned property for the Naples Park Public Utilities Renewal Project on 105th Avenue North and 106th Avenue North. OBJECTIVE: To clarify the term of use of a license agreement for Collier County Water -Sewer District continued use of County -owned property for the Naples Park Public Utilities Renewal ("PUR") project now on 105th Avenue North and 106th Avenue North. CONSIDERATIONS: Douglas N. Higgins, Inc. ("Contractor") is the contractor engaged by the Collier County Water -Sewer District for the Naples Park Public Utilities Renewal project ("Project"). On June 22, 2021, the Board of County Commissioners approved the License Agreement for Construction Storage allowing Contractor to utilize vacant County -owned property located 792 110" Avenue North as a construction storage area. While the License provided for an expected term of twenty-four months it did not expressly state the term. The property on 792 1101 Avenue North was originally used for the Naples Park Public Utilities Renewal project on 108th Avenue North and 109th Avenue North. Now it is needed for the Project on 105th Avenue North and 106th Avenue North. The proposed change is to Paragraph 3 of the License Agreement as follows: The approval of the use of the Property by the LICENSEE is expected to extend for at least twenty-four months. License Agreement shall terminate on the completion of all PUR Projects in Naples Park awarded to Licensee. The Board can cancel this Agreement at any time without incurring any liability or expense whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum often days' written notice. FISCAL IMPACT: The monthly rent of Five Hundred Dollars ($500.00) will be split evenly and deposited between the Water Capital Projects Fund (4012) and Sewer Capital Projects Fund (4014) into Naples Park Basin Project (70120) upon collection. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. LEGAL CONSIDERATIONS: The item is approved for form and legality and requires a majority vote for Board action. - RTT RECOMMENDATION: That the Board approves the First Amendment to License Agreement to extend the term of use and authorizes the Chair to execute same. Prepared by: Jennifer A. Belpedio, Manager Real Property, Facilities ATTACHMENT(S) 1. Higgins Amendment 6.17.23 CAO (PDF) 2. EXHIBIT TO HIGGINS LICENSE AGREEMENT (PDF) 3. Certificate of Liability Insurance - Higgins (PDF) Packet Pg. 1122 16.F.5 07/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.5 Doe ID: 25845 Item Summary: Recommendation to approve First Amendment to License Agreement to clarify the term to allow Collier County Water -Sewer District contractor Douglas N. Higgins, Inc. to continue to use County -owned property for the Naples Park Public Utilities Renewal Project on 105th Avenue North and 106th Avenue North. Meeting Date: 07/11/2023 Prepared by: Title: — Facilities Management Name: Vivian Rodriguez 06/29/2023 3:20 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/29/2023 3:20 PM Approved By: Review: Engineering and Project Management Paula Brethauer Additional Reviewer Skipped 06/29/2023 3:20 PM Facilities Management Paula Brethauer Manager - Real Property Skipped 06/29/2023 3:21 PM Engineering and Project Management Paula Brethauer Additional Reviewer Skipped 06/29/2023 3:21 PM Engineering and Project Management Paula Brethauer Additional Reviewer Skipped 06/29/2023 3:21 PM Facilities Management Paula Brethauer Director - Facilities Skipped 06/29/2023 3:22 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/29/2023 3:31 PM Public Utilities Department George Yilmaz Additional Reviewer Completed 06/29/2023 4:44 PM County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 06/30/2023 1:11 PM Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 06/30/2023 1:22 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/30/2023 3:50 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2023 9:59 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/05/2023 12:41 PM Board of County Commissioners Geoffrey Willig Meeting Pending 07/11/2023 9:00 AM Packet Pg. 1123 1 6.F.5.a FIRST AMENDMENT TO LICENSE AGREEMENT FOR CONSTRUCTION STORAGE NAPLES PARK PUBLIC UTILITIES RELOCATION (PUR) PROJECT This First Amendment License Agreement ("Agreement") entered into this day of , 2023, by and between the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water -Sewer District, whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "BOARD," and Douglas N. Higgins, Inc., a Foreign Profit Corporation, whose mailing address is 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108, hereinafter referred to as "LICENSEE". RECITALS: WHEREAS, on June 22, 2021, BOARD and LICENSEE entered into License Agreement for Construction Storage for the Naples Park PUR Project, and adopted Resolution No. 2021-130, both attached hereto, as Exhibit " 1 " and incorporated by reference. WHEREAS, BOARD and LICENSEE are desirous of modifying the License Agreement to clarify the term to ensure it allows for completion of the construction of all the Naples Park PUR Projects. NOW, THEREFORE, in consideration of mutual benefits, the public interest and other good and valuable consideration: Paragraph 3 of the License Agreement is amended as follows: The approval of the use of the Property by the LICENSEE is expected to extend for at least twenty- four months. License Agreement shall terminate on the completion of all PUR Projects in Naples Park awarded to Licensee. The Board can cancel this Agreement at any time without incurring any liability or expense whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum often days' written notice. 2. Except as set forth in this FIRST AMENDMENT TO LICENSE AGREEMENT, no other modifications are made, and the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, BOARD and LICENSEE have hereto executed this FIRST AMENDMENT TO LICENSE AGREEMENT on the day and year first above written. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] a 0 LO V 00 0 a M N ti to c a� E _ d E N C T x c CD E s a Packet Pg. 1124 1 6.F.5.a AS TO THE LICENSEE: L7:�tl21A AS TO BOARD: DATED: ATTEST: Crystal K. Kinzel, Clerk of Circuit Court and Comptroller LIM ,Deputy Clerk Approved as to form and legality: Douglas N. Higgins, Inc., a Foreign Profit Corporation By: Michael Lobello, Regional Manager BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: RICK LOCASTRO, CHAIRMAN Ronald T. Tomasko, Assistant County Attorney Packet Pg. 1125 FIRST AMENDMENT TO LICENSE AGREEMENT FOR CONSTRUCTION STORAGE NAPLES PARK PUBLIC UTILITIES RELOCATION (PUR) PROJECT This First Amendment License Agreement ("Agreement") entered into this day of , 2023, by and between the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water -Sewer District, whose mailing address is, in care of, Real Property Management, 3335 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "BOARD," and Douglas N. Higgins, Inc., a Foreign Profit Corporation, whose mailing address is 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108, hereinafter referred to as "LICENSEE". RECITALS: WHEREAS, on June 22, 2021, BOARD and LICENSEE entered into License Agreement for Construction Storage for the Naples Park PUR Project, and adopted Resolution No. 2021-130, both attached hereto, as Exhibit " 1 " and incorporated by reference. WHEREAS, BOARD and LICENSEE are desirous of modifying the License Agreement to clarify the term to ensure it allows for completion of the construction of the Naples Park PUR Project. NOW, THEREFORE, in consideration of mutual benefits, the public interest and other good and valuable consideration: Paragraph 3 of the License Agreement is amended as follows: The approval of the use of the Property by the LICENSEE is expected to extend for at least twenty- four months. License Agreement shall terminate on the Naples Park PUR Project completion date. The Board can cancel this Agreement at any time without incurring any liability or expense whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum often days' written notice. 2. Except as set forth in this FIRST AMENDMENT TO LICENSE AGREEMENT, no other modifications are made, and the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, BOARD and LICENSEE have hereto executed this FIRST AMENDMENT TO LICENSE AGREEMENT on the day and year first above written. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Packet Pg. 1126 1 6.F.5.b AS TO THE LICENSEE: DATED: AS TO BOARD: DATED: ATTEST: Crystal K. Kinzel, Clerk of Circuit Court and Comptroller Im , Deputy Clerk Douglas N. Higgins, Inc., a Foreign Profit Corporation al Michael Lobello, Regional Manager BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney it a c Ln IV 00 w N itJ \j qv Packet Pg. 1127 EXHIBM w 16.F.5.b Pau•--L_._of .,,4 RESOLUTION No. 2021 - 130 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT FOR USE OF PROPERTY OWNED BY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE, GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, TO BE USED TEMPORARILY FOR CONSTRUCTION STORAGE. WHEREAS, Douglas N. Higgins, Inc. (Iliggins), contractor for the Naples Park Public Utilities Renewal Project for 1081h Avenue North and 109"' Avenue North, desires to lease vacant property owned � by the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier a County and as Ex-Offccio the Governing Board of the Collier County Water -Sewer District (County), located at 792 110" Avenue North, Naples, Florida, ror construction storage. � WHEREAS, the License Agreement for Construction Storage (License) provides for a twenty-four L) month term commencing on the date that the Board of County Commissioners approves the License, with LO a provision for the County to terminate, at any time for a valid reason, by providing advance written N notice to the other party. The monthly rent will be Five Hundred Dollars ($500.00). N WHEREAS, the Board of County Commissioners is satisfied that this property may be used by Higgins and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners does approve the attached License Agreement for Construction Storage with Douglas N. Higgins, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the License Agreement for Construction Storage with Douglas N. Higgins, Inc. This Resolution adopted this '99-d day of A , 2021,. after motion, second and majority vote. ATTEST: Crystal K. Kinzel, Clerk li0111, Cleric Onnature only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-O 1-ICIO THE GOVERNING BOARD OF THE COLLI ' TY WATE&--WWF.R DISTRICT BY: Penny Taylor, 5airperson lAp rovOR 0 ;e. d as to Form and legality: Je Be pe io, Ass nt County Attorney Packet Pg. 1128 16. EX; JISI T F=2�-,by I:Z� LICENSE AGREEMENT FOR CONSTRUCTION STORAGE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, APPROVING THE USE OF COUNTY -OWNED PROPERTY FOR THE PURPOSE OF A CONSTRUCTION STORAGE AREA, This License Agreement ("Agreement"} entered into this 25th day of May 2021, by and between the Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Fit -Of icio the Governing Board of the Collier County Water -Sewer District, whose mailing a address is, in care of, Real Property Management, 3335 Tamiami Trail East, Naples, Florida 34112, o hereinafter referred to as "BOARD," and Douglas N. Higgins, Inc., a Foreign Profit Corporation, whose co mailing address is 3390 Travis Pointe Road, Suite A, Ann Arbor, Michigan 48108, hereinafter referred to v as LICENSEE. v 1. LICENSEE requests the use of County -owned land for the purpose of a construction storage area LO co for the Naples Park PUR project. The Board hereby approves the use of County -owned property identified as 792 110'k Avenue North, Naples, Florida, as shown in Exhibit "A," which is attached and made a part Z hereof, hereinafter referred to as "Property." LICENSEE shall be limited to only utilize the area depicted w in Exhibit "A". , LICENSEE shall access the Property only by way of 8' Street. 3. The approval of the use of the Property by the LICENSEE is expected to extend for twenty-four months_ The Board can cancel this Agreement at any time without incurring any liability or expense whatsoever. However, the Board will cancel this Agreement only for a valid reason and the Board will endeavor to give the LICENSEE as much advance notice as is then possible in the event of any cancellation of this Agreement. LICENSEE shall remove its equipment and materials not later than thirty (30) days after receipt of notice of cancellation. LICENSEE shall acquire all required permits. The LICENSEE is permitted to terminate this Agreement at any time by providing the Board with a minimum of ten days' written notice. 4. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than One Million Dollars ($1,000,000.00) combined single limits during the terra of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval and shall include a provision requiring ten 00) days prior written notice to Collier County in the event of cancellation. LICENSOR shall be granted the right to revise said insurance policies throughout the term of this Agreement when deemed necessary. 5. LICENSEE shall hold harmless and defend the Board of County Commissioners of Collier County, Florida, and Board Of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water -Sewer District, and its agents and employees, from any claims, assertions or causes of action for any loss, injury or damage to persons or property arising from or associated with the LICENSEE'S activities and/or use of Packet Pg. 1129 16.F.5.b CA Fa2e or the PTopcn%. I.1(TIr'SFF further agrees to indeninil% Iinaid [itir am costs. expenses or fees inelmling alornr� �' Iees { including a I I appeals). arising Irnm an% and u I I claims and 2or causes nI'act itin what.uxtirr art sirig from or asuiciated wIIII the I.ICF NSI:,S acts hies and/or use ofthe Prope rt%. This Agrcerneni is not assignalslc Am attempt to .assign this Agreement is said ah ini1w 7. I-WINSH' shall prrnidc monthl► rent in the amount of Five hundred Dollars (S500.00) h} or on the first of each month. made payable to Collier County Hoard of Count), Commissioners. remit to kcal Progeny Management Leasing Specialist. 3335 Tamiarni t rail East, Suite 101, Naples, Florida 341 12. I.I('f:NSF I•: Agrees to clean the tint prior to it> use at no cost the LICENSOR. 9. LICENSEL Shull return tlsc Propert% to Board at the termination of this Agreement. nr earlier, clean and free of any equipment. materials. debris. AS TO TH1: LICENSEE: DATED: jK.,c 23 2-02 ATTEST: Cryslal K Kinzel; Clerk Deputy Clerk �0131fi�t�fl$5 fit"r�ti�'Cti�y. Approved as to form and lcgaiity: Je A. Bclpcdio+ Assistant County Attorney Douglas N. Higgins. Inc., a Foreign Profit C'orpiration /C. Regional %lanagcr BOARD OF COUNTY COMMISSIONVRS CC)1.LIf:R O FLOWDA H Y: 1,F,/N, I'AYL Chairman a U rJ rb U) N Packet Pg. 1130 16.F.5.b Exhibit A — 792 1loth Avenue North Ems.imam -1 P�0t, I 0 co U U LO ao LO N H Z W 2 W W Q W co Z W U_ J Z U 2 O F- 00 x X W d E t m Q Packet Pg. 1131 Lf� LL to T- (Nnd - (ISMO:D : StSSZ) 1NBWBBNE) d 3SN3O1-1 SNIODIH 01 1181HXB :IU8WLI3BPV M 1 6.F.5.c A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hylant Group Inc - Ann Arbor 24 Frank Lloyd Wright Dr J4100 Ann Arbor MI 48105 CONTACT NAME: PHONEo FAX c Ext , 734-741-0044 AIC No): 734-741-1850 ADDRIESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA: Continental Insurance Company 35289 INSURED HIGGI-5 Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A INSURER B : Allied World Assurance Co Inc US 19489 INSURER C: Transportation Insurance Co 20494 INSURER D : Ann Arbor MI 48108 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:2133314265 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MM DDPOLICY /YYYY MMIDDfYYYY LIMITS C X COMMERCIALGENERALLIABILITY Y U1061922047 4/1/2023 4/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE IX-1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 15,000 Inc] contractual PERSONAL & ADV INJURY $ 1,000,000 X GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY � JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BUA1061922033 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLALIAB X OCCUR U1061922050 4/1/2023 4/1/2024 EACH OCCURRENCE $8,000,000 AGGREGATE $ 8,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $, $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC7012265571 4/1/2023 4/1/2024 X 1 PER STATUTE EORH ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional/ 0312-7992 4/1/2023 4/1/2024 2.000,000 Each Claim Pollution 4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured for general liability, as required by written contract subject to the terms, conditions, and exclusions of the policy — Board of County Commissioners of Collier County, Florida Construction Storage: 792 11 Oth Ave. N. Naples, FL 34108 CERTIFICATE HOLDER CANCELLATION Board of County Commissioners of Collier County, Florida c/o Real Property Management 3335 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d 0 V U 00 LO N ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1133