Agenda 02/23/2016 Item #16C 2 2/23/2016 16.C.2.
EXECUTIVE SUMMARY
Recommendation to approve a Utility Work Agreement with the Florida Department of
Transportation (FDOT) to locate, protect, and adjust if necessary Collier County Water—Sewer
District (CCWSD) utilities in conjunction with an FDOT project to resurface and replace signal
mast arms along State Route 84 (Davis Boulevard) between County Barn Road and Santa Barbara
Boulevard; and, approve an FDOT standard form resolution authorizing the Chairman of the
Board of County Commissioners to execute the agreement(Fiscal Impact$60,000).
OBJECTIVE: To minimize disruptions to water and wastewater services associated with the timely
construction of an FDOT road improvement project.
CONSIDERATIONS: The proposed scope of work under Project Numbers 70045, "FDOT Utility
Projects/Water" and 73045, "FDOT Utility Projects/Wastewater," is consistent with the Capital
improvement Program (CIP) contained in the Water, Wastewater, Irrigation Quality Water, and Bulk
Potable Water User Rate Study approved by the Board of County Commissioners (Board) on June 10,
2014, as Agenda Item 11C. Funding for projects 70045 and 73045 is available in, and is consistent with,
the FY2016 CIP Budget.
The FDOT is planning to resurface,replace light poles, and replace signal mast arms along State Route 84
(Davis Boulevard) between County Barn Road and Santa Barbara Boulevard. The CCWSD has existing
underground water and wastewater facilities that will require locating, protecting, and adjusting, if
necessary, to accommodate the road improvement project. The work will be contracted and managed by
the CCWSD.
The FDOT requires that the owners of the utility facilities located within the limits of a road improvement
project execute the FDOT's standard Utility Work Agreement. The Utility Work Agreement is a general
agreement that utility relocation work is needed during the project, and that the cost of relocation is the
responsibility of the owner of the facilities; in this case,the CCWSD.
The standard form Resolution, if approved, will authorize the Chairman of the Board of County
Commissioners to execute the requisite Utility Work Agreement. Construction on.the road improvement
project is anticipated to begin in 2016.
FISCAL IMPACT: The CCWSD's estimated cost to locate, protect and adjust, if necessary, the
underground infrastructure associated with this road improvement project is approximately $20,000 for
water facilities, and $40,000 for wastewater facilities (combined total of $60,000) based on previous
project costs. Funding is available in, and is consistent with,the FY2016 Capital Budget approved by the
Board on September 24, 2015. The sources of funding are the Water User Fee Fund (412) and the
Wastewater User Fee Fund(414).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a 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: That the Board of County Commissioners, as Ex-officio the Governing Board
of the Collier County Water-Sewer District,approves:
1. a Utility Work Agreement with the Florida Department of Transportation; and,
2. a Florida Department of Transportation standard form Resolution authorizing the Chairman to
execute the Utility Work Agreement.
Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management
Department.
Attachments:
Attachment 1 —Standard form Resolution
Attachment 2—Utility Work Agreement
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2/23/2016 16.C.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to approve a Utility Work Agreement with the Florida
Department of Transportation (FDOT)to locate, protect, and adjust if necessary Collier County
Water-Sewer District (CCWSD) utilities in conjunction with an FDOT project to resurface and
replace signal mast arms along State Route 84 (Davis Boulevard) between County Barn Road
and Santa Barbara Boulevard; and, approve an FDOT standard form resolution authorizing the
Chairman of the Board of County Commissioners to execute the agreement (Fisacl Impact
$60,000).
Meeting Date: 2/23/2016
Prepared By
Name:Nathan Beals
Title:Project Manager,Public Utilities Engineering
1/28/2016 12:51:56 PM
Submitted by
Title: Project Manager,Public Utilities Engineering
Name:Nathan Beals
1/28/2016 12:51:58 PM
Approved By
Name: Steve Messner
Title: Division Director-Water,Water
Date: 1/28/2016 1:22:00 PM
Name: JohnssenBeth
Title: Division Director-Wastewater, Wastewater
Date: 1/28/2016 1:53:38 PM
Name: HapkeMargie
Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 1/28/2016 2:03:31 PM
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Name: ChmelikTom
Title: Division Director-Public Utilities Eng,Public Utilities Engineering
Date: 1/28/2016 2:19:48 PM
Name: Oscar Martinez
Title: Project Manager,Principal,Public Utilities Engineering
Date: 1/29/2016 8:45:37 AM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 1/29/2016 11:15:53 AM
Name: PajerCraig
Title: Project Manager,Principal,Public Utilities Engineering
Date: 1/31/2016 8:29:57 PM
Name: HallSwainson
Title: Procurement Specialist,Procurement Services
Date: 2/1/2016 8:37:36 AM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 2/1/2016 8:43:37 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/8/2016 8:42:37 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Procurement Services
Date: 2/8/2016 9:46:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2016 1:49:04 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 2/12/2016 4:24:45 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/14/2016 1:33:50 PM
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Form No.
UtiUBes
Rev.00/00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION
UTILITY AGREEMENT
Financial Project ID:433173-1-52-01 Federal Project ID: 0581 015 P
County/Section No: Collier(03001) State Road No.84
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District
WHEREAS,the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the
"Project"; and
WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for Collier County Water-Sewer
District, hereinafter referred to as the"UAO",to execute and deliver to the FDOT the agreement identified as Utility Work
Agreement(at UAO's Sole Expense). hereinafter referred to as the"Agreement";
NOW,THEREFORE, BE IT RESOLVED BY THE UAO:
That(Name)Donna Fiala, Chairman of the Collier County Board of County Commissioners and ex-officio the
governing board of the Collier County Water-Sewer District be hereby authorized and directed to execute and deliver the
Agreement to the FDOT.
A certified copy of this Resolution is to be forwarded to the FDOT along with the executed Agreement.
ON MOTION of Commissioner , seconded by Commissioner , the above resolution was
introduced and passed by the UAO on the—day of , year of
ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
DWIGHT E. BROCK,CLERK FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
By: WATER-SEWER DISTRICT
, DEPUTY CLERK
By:
Donna Fiala,CHAIRMAN
Approval for form and legal ei*y.
ctit OA* 1_
Scott Teach
Deputy County Attorney
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Page 1 of 6
Financial Project ID: 433173-1-52-01 Federal Project ID: 0581 015 P
County: Collier(03001) State Road No.: 84
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District
THIS AGREEMENT, entered into this day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter referred
to as the"FDOT, and Collier County Water-Sewer District,hereinafter referred to as the"UAO";
WITNESSETH:
WHEREAS,the UAO owns or desires to install certain utility facilities which are located on
the public road or publicly owned rail corridor identified below, hereinafter referred to as the
"Facilities" (said term shall be deemed to include utility facilities as the same may be relocated,
adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing,
reconstructing, or otherwise changing a public road and other improvements located on a public
road or publicly owned rail corridor identified as Davis Blvd., State Road No.84, hereinafter
referred to as the "Project"; and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection,
relocation, installation, adjustment, or removal of the Facilities, or some combination thereof,
hereinafter referred to as "Utility Work"; and
WHEREAS, under the law of the State of Florida,the Utility Work must be performed at the
sole cost and expense of the UAO; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes
the terms and conditions applicable to the Utility Work;
NOW,THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FDOT and the UAO hereby agree as follows:
1. Performance of Utility Work
a. The UAO shall perform the Utility Work in accordance with the utility relocation
schedule attached hereto as Exhibit A and by this reference made a part hereof(the
Schedule) and the plans and specifications for the Utility Work which have been
previously approved by the FDOT (the Plans), said Plans being incorporated herein
and made a part hereof by this reference. If the Schedule and the Plans have not
been prepared as of the date of the execution of this Agreement,then the Utility Work
shall be performed in accordance with the Plans, and the Schedule that are hereafter
prepared in compliance with the notice previously sent to the UAO which established
the terms and conditions under which those documents are to be prepared. The
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Page 2 of 8
FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by
the FDOT nor a substitution for the proper exercise of engineering judgment and the
UAO shall at all times remain responsible for any errors or omissions in the Plans.
The Utility Work shall include all Facilities located on the Project and neither the
failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor
the failure of the FDOT to identify this omission during its review of the Plans shall
relieve the UAO of the obligation to make those Facilities part of the Utility Work.
Time shall be of the essence in complying with the total time shown by the Schedule
for the Utility Work as well as any and all interim time frames specified therein. The
Utility Work shall be performed in a manner and using such methods so as to not
cause a delay to the FDOT or its contractors in the prosecution of the Project. The
UAO shall be responsible for all costs incurred as a result of any delay to the FDOT
or its contractors caused by errors or omissions in the Plans or the Schedule
(including location of the Facilities and the proper inclusion of all Facilities as part of
the Utility Work as stated above); failure to perform the Utility Work in accordance
with the Plans and Schedule;or failure of the UAO to comply with any other obligation
under this Agreement or under the law.
b. All Utility Work shall be performed by UAO's own forces or its contractor at the
UAO's sole cost and expense. The UAO shall be responsible for obtaining any and
all permits that may be necessary to perform the Utility Work. The FDOT's Engineer
(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 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 Pending(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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
(at UAO's Sole Expense) Page 3 of 8
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 FOOT 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 FOOT.
3. Out of Service Facilities
No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer
active(hereinafter Placed out of service/Deactivated)unless specifically identified as such
in the Plans. The following terms and conditions shall apply to Facilities Placed out of
service/Deactivated, but only to said Facilities Placed out of service/Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility for
Facilities Placed out of service/Deactivated.
b. The 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 the UAO. In the event of a breach of this Agreement by the UAO, the Facilities
shall be removed upon demand from the FOOT in accordance with the provisions of
subparagraph 3. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the
Facilities safe in accordance with any and all applicable local, state or federal laws
and regulations and in accordance with the legal duty of the UAO to use due care in
its dealings with others. The UAO shall be solely responsible for gathering all
information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but
not limited to, records of the location, nature of, and steps taken to safely secure the
Facilities and shall promptly respond to information requests concerning the Facilities
that are Placed out of service/Deactivated of the 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 FDOT determines that use of the right of way is
needed for other active utilities that cannot be otherwise accommodated in the right of
way. In the event that the Facilities that are Placed out of Service/Deactivated would
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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Page 4 of 8
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.
4. Default
a. In the event that the UAO breaches any provision of this Agreement,then in addition
to any other remedies which are otherwise provided for in this Agreement, the FDOT
may exercise one or more of the following options, provided that at no time shall the
FDOT be entitled to receive double recovery of damages:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of
Facilities on FDOT property if the breach is material and has not been cured
within 60 days from written notice thereof from the FDOT until such time as the
breach is cured.
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek
repayment for the cost thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement,then in addition
to any other remedies which are otherwise provided for in the Agreement, the UAO
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTI LIT IESS
(at UAO's Sole Expense) Page 5 of 8
may exercise one or more of the following options:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has
pursuant to other agreements between the parties and from any statutory obligations
that either party may have with regard to the subject matter hereof.
5. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the
FDOT 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 FOOT or said parties may
be subject,except that neither the UAO, its agents,employees,or contractors will be liable
under this section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers,
agents, or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the
UAO in the performance of services required under this Agreement, the FDOT will
immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim
and report their findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim. After reviewing the claim,the 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 FDOT and the UAO will pay their own costs for the evaluation, settlement
negotiations,and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNED UTILITIES;
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers,
agents, and employees from any claim, loss,damage,cost,charge,or expense arising out
of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or
contractors during the performance of the Agreement, whether direct or indirect, and
whether to any person or property to which FDOT or said parties may be subject, except
that neither the UAO, its agents, employees,or contractors will be liable under this section
for damages arising out of the injury or damage to persons or property directly caused by
or resulting from the negligence of the FDOT or any of its officers, agents, or employees
during the performance of this Agreement.
0
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10,04
(at UAO's Sole Expense) Page 6 of 8
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's
option, to participate and associate with the FDOT in the defense and trial of any damage
claim or suit and any related settlement negotiations, shall arise within fourteen (14) days
of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The
notice of claim for indemnification shall be served by certified mail. The UAO's obligation
to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability
and determines the UAO is not liable or determines the FDOT is solely negligent. Only a
final adjudication or judgment finding the FDOT solely negligent shall excuse performance
of this provision by the UAO. The UAO shall pay all costs and fees related to this
obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a
claim shall not release UAO of the above duty to defend.
6. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under
this Agreement to the extent such performance is prevented by an act of God, war, riots,
natural catastrophe, or other event beyond the control of the non-performing party and
which could not have been avoided or overcome by the exercise of due diligence; provided
that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as
possible.
7. Miscellaneous
a. The Facilities shall at all times remain the property of and be properly protected and
maintained by the UAO in accordance with the then current Utility Accommodation
Manual and the current utility permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes,the FOOT 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.
c. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto, except that the parties
understand and agree that the FDOT has manuals and written policies and
procedures which shall be applicable at the time of the Project and the relocation of
the Facilities and except that the UAO and the FDOT may have entered into joint
agreements for Utility Work to be performed by FDOT's highway contractor. To the
extent that such a joint agreement exists, this Agreement shall not apply to Facilities
covered by the joint agreement. Copies of FDOT manuals, policies, and procedures
will be provided to the UAO upon request.
c9,e)
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Page 7 at 8
d. This Agreement shall be governed by the laws of the State of Florida. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect
the validity of the remaining provisions hereof.
e. Time is of the essence in the performance of all obligations under this Agreement.
f. All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery, or express mail and shall be
deemed to have been received by the end of five business days from the proper
sending thereof unless proof of prior actual receipt is provided. The UAO shall have
a continuing obligation to notify each District of the FDOT of the appropriate persons
for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Nathan Beals
Collier County Public Works
3339 East Tamiami Trail, Suite 303
Naples, Florida 34112
If to the FDOT:
Shirley McCrary
District Utility Administrator
801 N. Broadway Ave.
Bartow, Florida 33830
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all
revisions thereto by the UAO in the form of additions, deletions, or substitutions are
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.
® No changes have been made to this Form Document, but changes are included on
the attached Appendix entitled "Changes to Form Document."
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-O1D-55
UTILITY WORK AGREEMENT UTILIiDI/EOS
(at UAO's Sole Expense) Page 8 of 8
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and
year first written.
UTILITY: Collier County Water-Sewer District
BY: (Signature) DATE:
(Typed Name: )
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: Chris Smith )
(Typed Title: Director of Transportation Development )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name: N/A )
(Typed Title: N/A )
ATTEST Approve to fo d l gality
DWIGHT E. BROCK,CLERK '
BY: Sco t R.Teach,Deputy County Attorney
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-09
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OG ILC-08/15
(Appendix A of Assurances)
Financial Project ID:433173-1-52-01 Federal Project ID:0581 015 P
County: Collier(03001) State Road No.:45
District Document No: 1
Utility Agency/Owner(UAO): Collier County
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"Material Certification Requirements:The UAO will only use steel and iron produced in
the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. The UAO will
ensure that all manufacturing processes for this material occur in the United States. As used in this provision, a
manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding,drilling,welding,finishing and coating have been
completed. If a domestic product is taken outside the United States for any process,it becomes foreign source material.
These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not
applicable to steel and iron items that are not incorporated into the finished work. The Florida Department of
Transportation's "Guidelines for the Implementation of Buy America Requirements for Utility Relocations" "UAO
Guidelines"signed by FHWA Florida Division Administrator are attached hereto.The UAO may rely on the Guiduance
contained in the UAO Guidelines. The UAO shall comply with the Certification contained in the UAO Guidelines in
certifying the UAO's compliance with the Buy America provisions of 23 CFR 635.410,as amended, and the UAO shall
select either the UAO Self-Certification Method or the Vendor/Manufacture Certification Method by designating one of
the boxes below in this Section 4.If the UAO elects to use the Vendor/Manufacture Certification Method,the UAO shall
furnish each such certification to the Florida Department of Transportation prior to incorporating the material into the
project.
UAO Self-Certification Method
❑Vendor/Manufacture Certification Method
(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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-01
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OG IC-08115
(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. The UAO will take such action with respect to any subcontract,procurement or
lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is
threatened with,litigation with a subcontractor,supplier or lessor as a result of such direction,the UAO may request the
State to enter into such litigation to protect the interests of the State,and,in addition,the UAO may request the United
States to enter into such litigation to protect the interests of the United States.
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UAO GUIDELINES
F Tzar
Wain... ✓
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street ANANTH PRASAD,P.E.
GOVERNOR Tallahassee,FL 32399-0450 SECRETARY
January 16,2014
Mr.James Christian, FHWA Division Administrator
Federal Highway Administration
545 John Knox Road,Suite 200
Tallahassee, Florida 32303
Re: Florida-Guidelines for the Implementation of Buy America Requirements for Utility Relocations
Dear Mr.Christian:
The Florida Department of Transportation(Department)is pleased to offer guidelines to be used by utility
agency/owners(UAOs)for the purpose of clarifying and defining Buy America(BA)requirements for utility
relocations or adjustments within the State of Florida. The use of these guidelines is strictly limited to
relocation or adjustments of UAO facilities and will not impact or modify how the Department applies BA
requirements to transportation materials.
These guidelines are applicable for all federally eligible transportation projects where the Federal
Highway Administration (FHWA) is the lead federal agency; it does not take precedence over projects
where the Federal Transit Administration or the Federal Railroad Administration is the lead federal
agency. These guidelines are intended to supplement and to be implemented in conjunction with the
Federal Highway Administration's memorandum issued Dec. 21, 2012 (the Baxter memo) and July 11,
2013, (the Shepherd memo).
The Department intends to utilize the following definitions and documented decisions to provide clarity
and to assist UAOs as they strive to develop internal processes to discern and track materials that are
subject to BA in the field.
It should be noted that these guidelines were reviewed by the Florida Utility Coordinating Committee's
Subcommittee on 'Buy America" whose members represent major Florida utility companies. These
members have indicated that, without the clear guidance provided herein, the successful application of
BA would be questionable. Therefore, the Florida Department of Transportation will implement BA utility
relocation activities required for highway projects funded under Title 23 of the US Code as follows:
Guidance:
The following materials, when comprised of more than 90% steel or iron, are subject to BA
compliance:
o Poles and cross arms;
o Pipes and valves(except as stated below);
o High-strength bolts,anchor bolts and anchor rods;
o Girders used to comprise transmission towers and stand-alone structures;
o Reber and other reinforcing iron/steel for all precast and cast-in-place installations;
a Conduit and duct work;
o Fire hydrants;and
www.dot.state.fl.us
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Mr.James Christian, FHWA Division Administrator
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o Manhole covers and rims,and drop-inlet grates.
The Department will review utility relocation projects to determine that the above categories are
adequate to comply with BA.These reviews may result in the addition of categories.
• All Utility Agreements (UA) executed before December 31, 2013, that will not have federal
funding for utility materials or relocations are not subject to BA(even if other contracts associated
with the project were reimbursed with federal funds).
• The date of the original UA will be used as the date to determine BA compliance even if the UA is
amended after December 31,2013.
• BA does not apply to items that are not 90%iron or steel(i.e.wood poles,copper wire,etc.)".
• BA does not apply to items that are not permanently incorporated into the project and are not a
functional part of the project(i.e., scaffolding, sheet piles left in place after construction that are
not an integral part of the finished project). This includes equipment that was placed in a
temporary location to facilitate construction of the project.
• BA does not apply to existing materials that are relocated from one location to another within the
project limits.
• If the UAO does not wish to subject betterment materials(as defined below)to BA provisions then
the betterments must be excluded from the UA or contract that includes work eligible for federal
aid.
• BA does not apply to assembly materials, attachment materials, miscellaneous electronics, or
encasements,as defined below.
• BA does not apply to any associated materials (including spare materials) required for
maintenance.
• BA does not apply to any materials necessary to repair equipment that was discovered or
damaged during construction which required immediate action to restore to safe conditions or to
minimize adverse public impacts.
• BA does not apply to associated materials necessary for a temporary utility relocation.
• Minimal use threshold exclusion: Non-domestic iron and steel material may be used provided the
cost of such materials do not exceed one-tenth of one percent (0.1%) of the individual UA
amount,or$2,500.00,whichever is greater using the following equation:
Combined cost of only those materials that are
subject to BA and are non-compliant
Percentage of non-compliant materials = (limited to the individual UA)times 100.
Total utility relocation costs
(cited in the individual UA)
• BA does not apply if the utility relocation effort is not eligible for reimbursement with federal funds
because the State is legally unable to pay the utility. However, all such work must remain
separate from and cannot be accomplished under a UA or contract that includes work eligible for
federal aid.
• Per 23 CFR 635.410, the work to be performed under the UA may include foreign iron and steel
products if the cost of BA compliant materials will cause the cost of the work to increase by at
least 25%. To determine applicability of this provision, one of the following two procedures shall
be used:
1) If the UAO will use a contractor to perform the work included in the UA, the following
procedures apply: Demonstration of meeting the 25%excess costs requirement must be
accomplished by receiving two separate bids each from at least two qualified contractors
for the work. Requests for bids from the qualified contractors must conform to 23 CFR
635.410 (b)(3). One bid from each contractor will include a cost of performing the work
described in the UA using BA compliant materials and the other bid will include a cost for
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Mr.James Christian, FHWA Division Administrator
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the same work assuming foreign materials.If the bid with the BA compliant materials is at
least 25% greater than the bid that includes foreign materials, then the contract can be
awarded to the lowest bid based on materials that are not compliant with BA,
2) if the UAO will perform work in the UA with its own forces, the following procedures
apply: Demonstration of meeting the 25% excess cost requirement must be
accomplished by receiving two separate bids from vendors or manufacturers listing the
cost of BA compliant materials on one bid document and listing the cost of non-compliant
materials on a separate bid document. The UAO will take the cost of the BA compliant
materials and use it to create the total estimated cost of the work included in the UA.The
UAO will do the same with the costs of the non-compliant materials. If the costs of the
work included in the UA with BA compliant materials is at least 25% greater than the
costs using the non-compliant materials,then the non-compliant materials may be used.
Definitions:
Anchor and High-Strength Bolts-Anchor and high-strength bolts will be distinguished in one of three
methods to be selected and consistently applied by the UAO:
1) The UAO may identify anchor and high-strength bolts in the specifications or plans as necessary
for the safe and functional design of the utility relocation. If a bolt is not called out as anchor or
high-strength, it stands that the design did not require that level of performance and the supplied
bolt is not subject to BA;
2) The UAO may identify anchor and high-strength bolts through the application of a strength rating.
Any bolt possessing a yield strength of fifty-thousand pounds per square inch (50-ksi) or greater
will be considered an anchor or high-strength bolt.
3) The UAO may identify anchor and high-strength bolts through the application of a weight
measurement.Any bolt possessing a weight of 15 pounds or greater will be considered an anchor
or high-strength bolt.
Assembly Materials(miscellaneous steel)-The collection of miscellaneous materials used to fasten,hold,
attach, secure and/or assemble materials including, but not limited to, nuts, bolts, U-bolts, screws,
washers, clips, fittings, sleeves, lifting hooks, mounting brackets, pole steps, clamps, brackets,
mountings, straps, fasteners, hooks, pins, braces, disks, devises, couplers, swivels, snaps, crimps,
trunnions,dead-ends,compression swages,and other miscellaneous materials used to assemble.
Attachment Materials-An item or material that is not an integral part or permanently attached to the pole,
pipe or valve. Cross arms are an exception to this definition and do not qualify as attachment materials.
Attachment materials include, but are not limited to, cross arm bracing, insulators, avian equipment,
miscellaneous hardware (defined below), fittings, racks, ladders, encasements, guy wire, strand,
conductors and tubing 0.75-inch diameter or less.
Betterments - Any upgrading of the facility being relocated that is not attributable to the highway
construction and is made solely for the benefit of and at the election of the UAO (23 CFR 645.105). As
such, betterments are not eligible for federal aid.
Conductor-A material (specifically wires and cables)that allows the flow of energy, including electricity,
heat, data,audio/video transmission,etc.
Encasements - Include cabinets, housings, boxes, vaults, covers, shelves, and other items used to
protect or house equipment or miscellaneous electronics.
Fittings - Individual parts used to join, adjust or adapt a system of pipes including, but not limited to,
elbows,tees,wyes,crosses,nipples,reducers,end caps,couplers,o-lets,transitions,connectors(steady
state, seismic and flexible), unions, mechanical flanges (not permanently affixed to the pipe), bushings,
ferrules,gaskets,0-rings, plugs or taps.
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Mr,James Christian,FHWA Division Administrator
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Girders -A load bearing beam or strut commonly taking the cross-sectional shape of a circle, square,
rectangle, or an: I, C, L, or Z, and assembled for the purpose of creating lattice towers, stand-alone
platforms or transmission towers.
Lattice Towers-A structure that is compiled of girders and is typically used in series to support conductor
cables.
Maintenance-An action or application of materials necessary to keep a system functioning safely and at
optimal capacity,general up-keep.
Miscellaneous Electronics-Manufactured products or assemblies consisting of many components such
as electronic equipment, routers, transformers, switches, radios, processors, power supplies, batteries,
antennas,splice cases,pre-connectorized hubs and terminals,and cross-boxes.
Miscellaneous Hardware-An assembly of small parts that are compiled to form a finished product that is
often used independently or as an attachment material, including, but not limited to: locks, switches,
cutouts, regulators, gauges, meters, barometers, strainers, filters, pilots, arrestors, insulators, ball
bearings,dampeners,needle valves,braces,pipe supports,actuators,motors and pumps.
Permanent Installation-The final location and final installation of the materials as defined on the plans or
in the specifications. No further adjustments or relocations are necessary to accommodate the final
transportation project improvements.
Stand-Alone Platform-A structure that is compiled of girders and is used to permanently hold or support
large equipment.
Temporary Utility Relocation-A temporary utility relocation is generally subject to the schedule necessary
to accomplish the scope as defined by the NEPA document. A temporary utility relocation is one that is
needed to allow the roadway construction to proceed, but is not required to remain in its relocation as a
result of the ultimate roadway improvement. For example, if the scope requires the sequential completion
of six separate construction contracts, theoretically a temporary utility relocation could remain in place
prior to commencement of the first construction contract and extend beyond completion of the sixth
construction contract prior to its final placement.A temporary utility relocation can also be established if
the contract specification or plans require that the steel or iron material used on the project either must be
removed at the end of the project or may be removed at the contractor's convenience.
Certification:
The Department desires a process that provides reasonable assurance that utility materials subject to BA
requirements are compliant prior to permanent installation. The Department will accept either of the
following two certification methods: 1) UAO Self Certification and 2) Vendor/Manufacturer Certification.
Each provides sufficient demonstration of BA compliance for utility relocations.
1) UAO Self Certification Method:
The Department will enter into a legally binding UA with each UAO on a project by project basis.
The UA will include the following provisions:
a) The UAO will source materials that comply with BA requirements.
b) The UAO will certify compliance via a contract provision in the UA as follows:
°[UAO] understands and acknowledges that this project is subject to the
requirements of the Buy America Law (23 USC § 313) and applicable
regulations, including 23 CFR 635.410 and Federal Highway Administration
guidance. jUAOJ hereby certifies that in the performance of this Agreement,
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Mr.James Christian, FHWA Division Administrator
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for products where Buy America requirements apply, it shall use only such
products for which it has received a certification from its supplier, or provider
of construction services that procures the product certifying Buy America
compliance. This does not include products for which waivers have been
granted under 23 CFR.§635490 or other applicable provisions or excluded
materials cited in the Florida Department of Transportation's "Guidelines for
the implementation of Buy America Requirements for Utility Relocations."
The UAO will not be required to provide copies of supplier certifications or other UAO
signed certifications as part of this Agreement or with the final invoice.
c) All documents obtained to demonstrate BA compliance will be held by the UAO for a
period of three years from the date the final payment was received by the UAO and will
be made available to the Department or FHWA upon request.
2) Vendor/Manufacturer Certification Method:
The Department will enter into a legally binding UA with each UAO on a project by project basis.
The UA will include the following provisions:
a) The UAO will source materials that comply with BA requirements.
b) The UAO will demonstrate BA compliance by one of the two following methods (or a
combination of both):
1. The UAO will collect written certifications from the vendor(s):
The written certification will be signed by the vendor on company letterhead, or
other acceptable documentation, signed by an authorized representative of the
vendor and will declare that all supplied materials subject to the BA provisions
are fully compliant.
2. The UAO will collect written certifications from the factory(s):
i) The Mill Test Report(MTR) issued and signed by the initial fabricator
stating that the materials subject to BA were melted and manufactured in
the United States.
ii) Other written statements on company letterhead, or other acceptable
documentation, signed by an authorized representative, from the
manufacturers providing any additional treatment to the fabricated
material (such as blasting, galvanizing or painting) will state that all
treatment processes occurred in the United States in accordance with
FHWA guidelines.
c) All documents obtained to demonstrate BA compliance will be held by the UAO for a
period of three years from the date the final payment was received by the UAO and will
be made available to the Department or FHWA upon request.
d) One set of copies of all documents obtained to demonstrate BA compliance will be
attached to,and submitted with,the final invoice.
e) If no materials were subject to BA, the UAO will indicate that as part of the final invoice
submittal (i.e., with a separate memo, rubber stamp on the invoice or other reasonable
method).
•
Additional Provisions Common To Both Certification Methods:
1) No certification (demonstration of BA compliance) is required for any materials or parts that are
not subject to BA requirements for any reason, including, but not limited to application, material
composition and the"minimal use threshold exclusion".
2) It will be up to the UAO to declare compliance with the "minimal use threshold exclusion" as
defined in the guidance above.
3) The UAO will bear responsibility to ensure all materials permanently incorporated into their utility
relocations are either compliant or not required to be compliant.
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Mr.James Christian,FHWA Division Administrator
January 16,2014
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4) Where the UAO purchases manufactured products from a vendor for use by the UAO in its
relocation activities, a certification from the vendor to the UAO that the materials meet BA
requirements shall be deemed to constitute compliance by the UAO.
5) Where the UAO obtains construction services in connection with utility relocation work and the
provider of those construction services is also responsible for provision of manufactured products
used in connection with that project, a certification from the provider of construction services that
the materials provided for that project meet BA requirements shall be deemed to constitute
compliance by the UAO.
I am hopeful you will find this satisfactory and able to offer concurrence. Should you have any questions
or require additional information, please do not hesitate to contact me at 850-414-5240. Thank you for
your assistance in this matter.
9erly,
Thomas C. Byron,P.E.
Chief Engineer
Concur: ° + '
J?mes Christian, FHWA Division Administrator / pate
TB1 b
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