Backup Documents 01/24/2017 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T :�
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN T �
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarde he Coun Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTINGSLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 1-30-17
4. BCC Office Board of County b
Commissioners \V-C7 2Vk\VA
5. Minutes and Records Clerk of Court's Office
(\ 0210(1(9 3:5OOm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Eric Fey Contact Information 239-252-10
Contact/ Department
Agenda Date Item was January 24,2017 Agenda Item Number 16C1
Approved by the BCC
Type of Document FDOT Utility Work Agreement and Work Number of Original Four(4)UWA and One
Attached Order No. 14-6213 Documents Attached (1)Work Order
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT SF— „ — --
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/24/17 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's s ,, ._
Office has reviewed the changes,if applicable. . g
9. Initials of attorney verifying that the attached document is the version approved by thea
MBCC, all changes directed by the BCC have been made, and the document is ready for the e ,
Chairman's signature.
Please call Richard Goldener at 863-519-2526 when ready. He will pick up executed copies. Info
attached.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
i1iiy of collier
CLERK OF TH
OCIR UIT COURT
Dwight E. Brock COLLIER COUIY CO THOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102k, P.O.BOX 413044 Accountant
NAPLES,FLORIDA i NAPLES,FLORIDA Auditor
34112-5324 ;34101-3044 Custodian of County Funds
February 3, 2017
Richard Goldener, Omni/Consultant
FDOT District One Utilities (MS-1-11)
801 N. Broadway Avenue
Bartow, FL 33830
Re: FDOT Utility Work Agreement (Financial Project 435040-1-56-11) required
to construct utility facilities located on a public road identified US41/SR 45
Mr. Goldener,
Attached for further processing are four (4) undated original copies of the agreement
referenced above, approved by the Collier County Board of County Commissioners on
January 24, 2017
After the agreements are signed by the appropriate parties, please return one of the original
agreements to the Collier County Minutes and Records Department that serves as Clerk to
the Board, thereby providing a fully executed document for the Board's Official Record.
I have included a label to facilitate mailing.
If your office requires further information, please feel free to contact me at 239-252-8406.
Thank you,
DWIGHT E. BROCK, CLERK
Ann Jennejohn,
Deputy Clerk
Attachments (4)
Phone- (239)252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
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Form No.710-010-54
UTILITIES
1W04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
Financial Project ID:435040-1-56-11 Federal Project ID:
County:Collier State Road No.:45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilties)
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(Collier County Public Utiities) , 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 US 41, State Road No.45, hereinafter referred to as the"Project"; and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation,
installation, adjustment,or removal of the Facilities,or some combination thereof, hereinafter referred to as"Utility
Work"; and
WHEREAS,the UAO, in accordance with and subject to the limitations of the terms and conditions of this
Agreement, is entitled to be reimbursed for some portion or all of the Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the
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"), 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,and the detailed cost
breakdown for the Utility Work (the"estimate") previously prepared. If the Schedule, the Plans, and
the Estimate have not been prepared as of the date of the execution of this Agreement, then the
Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that
are hereafter prepared in compliance with the notice previously sent to the UAO which established
the terms and conditions under which those documents are to be prepared. The FDOT's approval
of the Plans shall not be deemed to be an adoption of the Plans by the 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.
Page 1 of 10
1 6 C1
Forth No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FOOT PARTICIPATING IN EXPENSE)
The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its
contractors caused by errors or omissions in the Plans, Schedule, or Estimate(including location of
the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above);
failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO
to comply with any other obligation under this Agreement or under the law.
b. All Utility Work shall be performed by the UAO's own forces or its contractor. The UAO shall be
responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The
FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and
Bridge Construction) has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are
necessary for the prosecution of the Project and shall stop work or modify work upon order of the
FDOT's engineer as determined by the FDOT's engineer to be necessary for public health,safety or
welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or
changes unless they are attributable to the UAO pursuant to Subparagraph 1 a.
c. After the FDOT has received a proper Schedule, Estimate and Plans, the FDOT will issue a notice
to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT
office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes
the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion
of the Utility Work,the Facilities shall be deemed to be located on the public road or publicly owned
rail corridor under and pursuant to, the Utility Permit N/A (Note: Intent of this line is to allow either
attachment of or separate reference to the permit).
2. Claims Against UAO
a. In the event the FDOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work,the FDOT will, in accordance with the FDOT's procedure, notify the UAO
of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other
records relating to the intended claim.
b. In the event the FDOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT 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 FOOT
concurrence and shall specify the extent to which it resolves the claim against the FDOT.
c. The FOOT may withhold reimbursement to the UAO until final resolution (including any actual
payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to
actual claim payments made by FOOT to FDOT's contractor.
3. Reimbursement for Utility Work
a. The FOOT agrees to reimburse the UAO for a portion of the cost of the Utility Work, hereinafter
referred to as the"FOOT Participating Amount." The FDOT Participating Amount is established by
the FDOT's Utility Estimate Summary form or similar form submitted to and accepted by the FDOT
and the forms supporting documentation. The FOOT Participating Amount is estimated to be
$215.035.00. Any costs not included in the approved Plans and Estimate and any location work
(vertically or horizontally) or other engineering work performed to determine the compensability of
the Utility Work shall not be reimbursed by the FOOT. The UAO shall obtain written approval from
the FOOT prior to performing Utility Work which exceeds the Estimate or which is not in the Plans.
b. The method to be used in calculating the cost of the Utility Work shall be one of the following (check
Page 2 of 10
bc '
Form No.710-01054
UTILITIES
1W04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
which option applies):
►:1 Actual and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
❑ Actual and related indirect costs accumulated in accordance with an established
accounting procedure developed by the UAO and approved by the FDOT's. (If this option
is selected,the UAO shall provide written evidence of such approval).
❑ An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior
to the execution of this Agreement.
c. In determining the amount of the cost of the Utility Work to be reimbursed, a credit will be required
for any increase in the value of the new Facility and for any salvage derived from the old Facility.
These credits shall be determined as follows:
(1) Increase in value credit.
(a) Expired Service Life. If an entirely new Facility is constructed and the old Facility
retired, credit for the normally-expected service life of the old Facility applies, and
will be determined as of the time of the issuance of the work order. This credit
shall be deducted proportionally from each invoice for the Utility Work.
(b) Upgrading. A percentage of the total cost of the Utility Work, based on the extent
of the betterment obtained from the new Facilities,to be determined as of the time
of the issuance of the work order, will be applied equally to each billing for the
Utility Work.
(2) Salvage Value. The FDOT shall receive salvage value credit for any salvage which shall
accrue to the UAO as a result of the above Utility Work. It is the UAO's responsibility to
ensure recovery of salvageable materials and to report the salvage value of same to the
FDOT. This Salvage Value credit shall be applied as provided in Paragraph 4 c.
4. Invoice Procedures for FDOT Participating Amount
The following terms and conditions apply to all invoices submitted pursuant to this Agreement for
reimbursement of the FDOT Participating Amount:
a. The UAO may,unless reimbursement is on a lump sum basis pursuant to Subparagraph 3.b.hereof,
at monthly intervals, submit progress invoices for all costs incurred for the period covered by the
invoice. In addition to deductions for applicable credits, which deductions shall be shown on the
invoice, the FDOT will retain ten (10%) percent of such progress invoices. Retainage will be paid
with the final invoice. If reimbursement is on a lump sum basis pursuant to Subparagraph 3.b.hereof,
the lump sum invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below.
b. The UAO shall submit a final invoice to the FDOT for payment of all Utility Work within one hundred
and eighty(180)days after written notification from the FDOT of final acceptance of the Utility Work.
The UAO waives all right of reimbursement for invoices submitted more than one hundred eighty
(180)days after written notification of final acceptance of the Utility Work. The FDOT does not waive
its right to reject future untimely invoices by acceptance and payment of any invoices not submitted
within one hundred eighty(180)days after written notification of final acceptance of the Utility Work.
Page 3 of 10
bel
Form No.710-01054
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
c. All invoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph
1.The totals for labor,overhead,travel expenses,transportation,equipment,materials and supplies,
handling costs and all other services shall be shown in such a manner as will allow ready comparison
with the approved Plan and Estimate. Materials shall be itemized where they represent major
components. Salvage credits from recovered and replaced permanent and recovered temporary
materials shall be reported in relative position with the charge for the replacement or the original
charge for temporary use.
d. All invoices shall be submitted in triplicate and shall show the description and site of the project and
the location where the records and accounts invoiced can be audited. Adequate reference shall be
made in the invoicing to the UAO's records, accounts, and other relevant documents.
e. All cost records and accounts shall be maintained in the auditable condition for a period of eight
hundred twenty(820)days after final payment is received by the UAO and shall be subject to audit
by a representative of the FDOT at any reasonable time during this eight hundred twenty(820)day
period.
f. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre-audit and post-audit thereof. Such detail shall include, but not be limited to, a
separation of costs for work performed by UAO's employees and work performed by UAO's
contractor.
g. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida
Statutes. A state agency may establish rates lower than the maximum provided in Section 112.061,
Florida Statutes.
h. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and
services. The FDOT has twenty(20) days from the latter of the date the invoice is received or the
goods or services are received, inspected and approved to deliver a request for payment(voucher)
to the Department of Financial Services or to return the invoice to the UAO.
If a warrant in payment of an invoice is not issued within forty(40)days from the latter of the date the
invoice is received or the goods or services are received,inspected and approved,a separate interest
penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in
addition to the invoice amount,to the UAO. Interest penalties of less than one(1) dollar will not be
enforced unless the UAO requests payment. Invoices which have to be returned to the UAO because
of UAO's preparation errors,will result in a delay in the payment. The invoice payment requirements
do not start until a properly completed invoice is provided to the FDOT. In the event of a bona fide
dispute,the FDOT's voucher shall contain a statement of the dispute and authorize payment only of
the undisputed amount.
j. In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the legislature.
k. A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(850)410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792.
I. In accordance with the Florida Statutes, the FDOT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be paid on
such contract. The FDOT shall require a statement from the comptroller of the FDOT that funds are
Page 4.31 10
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Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one(1) year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years;and this Paragraph shall be incorporated verbatim in all contracts
of the FDOT which are for an amount in excess of$25,000.00 and which have a term for a period of
more than one (1) year. For this purpose, the individual work orders shall be considered to be the
binding commitment of funds.
m. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed
on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
n. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity.
5. Out of Service Facilities
No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active
(hereinafter "Placed out of service/Deactivated") unless specifically identified as such in the Plans. The
following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said
Facilities Placed out of service/Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities
Placed out of service/Deactivated.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a
breach of this Agreement by UAO, the Facilities shall be removed upon demand from the FDOT in
accordance with the provisions of Subparagraph 5. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local,state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests concerning the Facilities that are Placed out of service/Deactivated
of the FDOT or other permittees using or seeking use of the right of way.
e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that
the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that
the FDOT determines that use of the right of way is needed for other active utilities that cannot be
Page 5of10
16C 1
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
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
removal would be considered to be a separate future relocation not necessitated by the construction
of the project pursuant to which they were Placed out of service/Deactivated, and would therefore
not be eligible and approved for reimbursement by the Federal Government. In the event that the
Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other
reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the
Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the
time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal
properly within the specified time, the FDOT may proceed to perform the removal at the UAO's
expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in the Facilities or the discharge of hazardous substances or materials from the Facilities.
Nothing in this Paragraph shall be interpreted to require the UAO to indemnify the FDOT for the
FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be
the responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more
of the following options,provided that at no time shall the FDOT be entitled to receive double recovery
of damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FDOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by
the FDOT or the public against payments due under this Agreement for the same Project.
The right to offset shall be limited to actual claim payments made by FDOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on
FDOT property if the breach is material and has not been cured within 60 days from written
notice thereof from the FDOT until such time as the breach is cured.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the
Page 6of10
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Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
cost thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement,the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay
invoices.
(3) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties and from any statutory obligations that either party may have
with regard to the subject matter hereof.
7. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law,the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers,agents,and employees from any claim, loss,damage,cost, charge,or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect,and whether to any person or property to which
FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors
will be liable under this section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers,agents,or employees
during the performance of this Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to
the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within
fourteen(14)working days and will jointly discuss options in defending the claim. After reviewing the claim,
the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to
require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to
notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The
FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any.
However, if only one party participates in the defense of the claim at trial, that party is responsible for all
costs.
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.
Page 7 or 10
1 6C1
Forth No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
The UAO's obligation to indemnify, defend,and pay for the defense or at the FDOT's option,to participate
and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines
the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment
finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall
pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in
notifying the UAO of a claim shall not release UAO of the above duty to defend.
8. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement
to the extent such performance is prevented by an act of God,war, riots,natural catastrophe,or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimated duration,(b)promptly remedied or mitigated the
effect of the occurrence to the extent possible, and(c)resumed performance as soon as possible.
9. Miscellaneous
a. If the Utility Work is reimbursable under this Agreement, the UAO shall fully comply with the
provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in
connection with the Utility Work covered by this agreement, and such compliance will be governed
by the method marked below:
The UAO will perform all or part of such Utility Work by a contractor paid under a contract
let by the UAO,and the Appendix"A"of Assurances transmitted with the issued work order
will be included in said contract let by the UAO.
0 The UAO will perform all of its Utility Work entirely with UAO' s forces, and Appendix"A"
of Assurances is not required.
❑ The Utility Work involved is agreed to by way of just compensation for the taking of the
UAO's facilities on right-of-way in which the UAO holds a compensable interest, and
Appendix"A"of Assurances is not required.
❑ The UAO will perform all such Utility Work entirely by continuing contract, which contract
to perform all future Utility Work was executed with the UAO's contractor prior to August
3, 1965, and Appendix"A"of Assurances is not required.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
c. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for
refusal by the UAO to allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction
with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto,except that the parties understand and agree that the FDOT has manuals and written
Pagel)of 10
16C 1
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
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.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
provisions hereof.
f. Time is of the essence in the performance of all obligations under this Agreement.
g. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received
by the end of 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:
Tom Chmelik-Division Director
Collier County Public Utilties Department
Engineering and Project Management Division
3339 Tamiami Trail East, Suite 303
Naples, FL 334112-5361
If to the FDOT:
Shirley McCrary-District Utility Administrator
801 North Broadway Ave., MS 1-11
Bartow, FL 33830
10. 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."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Collier County Water-Sewer District (Collier County Public
Utiities)
Page 9 of 10
1
6C 1
Form No.710-010-54
UTILITIES
1W04
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
22
BY: (Sionature) a> 2 C '' �' 4' DATE: _‘2_,1 \�
(Typed Name:
T ped Title:
Recommend Approval by the District Utility Office
BY:JSiunaturel DATE:
FDOT Legal review
BY:fSianaturel DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Siunaturel DATE:
(Typed Name: )
T sed Title:
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name: )
(Typed Title: )
ATTEST3/4 pprov s tofr
_ an Oleg lily
DWIGHT E. BROCK, CLERK
BY: I ,, Scott .Teach,Deputy County Attorney
Attest as to Chairman's
signature only.
Pepe 10 of 10
1601
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
UTILITIES
UTILITY ESTIMATE SUMMARY 03/13
Financial Project ID: 435040-1-56-11 Federal Project ID:
County:Collier County State Road No.: 45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilities)
1.
TYPE OF WORK ESTIMATED: (Mark"X"in appropriate box(es).)
Relocation/
Engineering Installation Item(s)
O ® Force Account
❑ ❑ Lump Sum
❑ 0 Third party Contract
❑ 0 DOT Administered Contract
❑ 0 Other
2.
ESTIMATE SUMMARY: (If more than one work order complete"Total"Column.)
Item(s) Job or Work Order No. Job or Work Order No. I Total
(Ph.1 Ph.2-a 1 __
Preliminary Engineering L
RNV(Acquisition Only)
Construction Engineering $ 7,210.80 $ 801.20 $ 8.012.00
Construction Labor $ 101,087.14 $ 20,610.14 $ 121.697.28
Materials&Supplies $ 44,583.54 $ 12,818.18 $ 57,401.72
Materials Handling Charges
Transportation&Equipment
Contract Construction
Miscellaneous Expense $ 25,131.60 $ 2,792.40 $ 27;924.00
General Overhead Costs
( %)
GROSS RELOCATION COSTS:
*Salvage
*Betterment
*Expired Service Life
*Nonreimbursable
TOTAL CREDITS: ( ) (
) ( )
TOTAL REIMBURSABLE COSTS: I $ 178,013.08 $ 37,021.92 $ 215,035.00
*%To be Applied to Final _
Billing for Credits ( %) ( %) ( )
Due Project.
/ !.
SUBMITTED FOR THE UTILITY OWNER BY: ///,,--- DATE: r /
C 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
UTILITIES
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS °GC-02116
(Appendix A of Assurances)
Financial Project ID:435040-1-56-11 Federal Project ID:
County:Collier State Road No.:45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilities)
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 use steel and iron manufactured 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 melting and continuing through final shaping and coating. If a steel or iron product is
taken outside the United States for any manufacturing process, it becomes foreign source material. Foreign steel and
iron may be used when the actual cost of such foreign materials does not exceed 0.1%of the total reimbursable amount
of this agreement.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.Prior to incorporating the
material into the work, the UAO will provide the Florida Department of Transportation a certification from the
manufacturer of steel or iron, or any product containing steel or iron as a component,stating either a)"that all steel or
iron furnished or incorporated into the furnished product was manufactured in the United States"or,b)'that all steel or
iron furnished or incorporated into the furnished product was manufactured in the United States except for minimal
quantities of foreign steel and iron with an actual cost of$
(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.
1 6 C I
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID��������� UTILITIES
(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; pnovided, 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.
1 C 1
APPENDIX: Changes to Form Document
The following additions,deletions and/or changes to the attached document entitled"Appendix A of
Assurances"for Financial Project ID#435040-1-56-11 are hereby made part of said agreement and
incorporated by reference:
Section(4),Buy America"Material Certification Requirements, is hereby deleted in its entirety as
being inapplicable to a non-federally funded project.
Attachment 1 b C 1
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a Attachment 3
SINCE 1946 ilk
NO
ENGINEERING
December 20, 2016
, 1
Via Email Only: ErieFey(ikalliemov.net
Mr. Eric Fey, P.E.
Senior Project Manager 1 ,
Collier County .•••
•
Public Utilities Engineering& Project Management Division
3339 Tamiami Trail East, Suite 303
Naples,FL 34112
RE: Collier County RFQ 14-6213-86 Trail Blvd Water Main Relocation
•
Low Bidder: Kyle Construction, Inc. .•••
•
:•••
Dear Mr. Fey: .•
•
The bid opening for the above-referenced project took place on Friday, December 16, 2016.
•
Collier County provided the results of the bid opening to Johnson Engineering on the next business .••
.••••
day, Monday, December 19, 2016. Johnson Engineering performed an evaluation of the results
•
and our recommendation is contained herein.
•
.••.
:•
BIDDER BASE BID AMOUNT
i
•
.••
Kyle Construction, Inc. $172,174.00
.•
.•
Quality Enterprises USA, Inc. $287,527.50
.:•••
•
Mitchell & Stark Construction Co., Inc. $343,660.00
Douglas N. Higgins, Inc. $423,510.00
•
Haskins, Inc. $546,665.00
Following the bid opening, Collier County prepared the enclosed Bid Tabulation Analysis, which
includes an analysis for mathematical errors.No errors were discovered. For comparison purposes,
Johnson Engineering provided Collier County with an Opinion of Probable Construction Cost in
the amount of$325,895.00. The results show Kyle Construction, Inc. as the low bidder.
•
Based upon our review, the low bidder, Kyle Construction, Inc., appears to be a reasonable and
responsive bid.Subject to concurrence with the County's Purchasing and Contracts Administration
Division,we believe selection of Kyle Construction, Inc. by Collier County for the intended work
2122 Johnson Street.Post Office Box 1550•Fort Myers,Florida 33902-1550
(239)334-0046.Fax(239)334-3661
Mr. Eric Fey, P.E. Attachment 3 1 6 C
Re: Collier County RFQ 14-6213-86 Trail Blvd Water Main Relocation
Low Bidder: Kyle Construction, Inc.
December 20, 2016
Page 2
contained within the bid documents would be an appropriate choice. Should you have any
questions, or require additional information,please let me know.
Very truly yours,
JOHNSON ENG ING, INC.
1
Mid/ad S. Dickey, '.E.
Director of Utility Services
MSD/ljb
Enclosure
20149700-092
cc: ToinChmelik(alcolliergov.net
OscarMartinez(a),colliergov.net
BenjaminBullert(ie,colliergov.net
PamelaLibby@colliergov.net
SwainsonHallgcolliergov.net
16C 1
MEMORANDUM
Date: February 27, 2017
To: Eric Fey, Senior Project Manager
Public Utilities Engineering Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Utility Work Agreement (FDOT Financial Project 435040-1-56-11)
required to construct utility facilities located on a public road
identified as US41/SR45
Attached for your records is a certified (signed) copy of the document referenced above,
(Item #16C1) approved by the Board of County Commissioners on January 24, 2017
The original document will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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FDOT
16C1
Florida Department of Transportation
RICK SCOTT 801 N Broadway RACHEL D.CONE
GOVERNOR Bartow, FL 33830 INTERIM SECRETARY
February 20, 2017
Collier County Government
Attn: Board Minutes and Records Department
3299 Tamiami Trl E Ste 401
Naples, FL. 34112
Re: FDOT Utility Work Agreement (Financial Project 435040-1-56-11) required to construct
utility facilities located on a public road identified U541/5R45
Ms. Vergara,
As directed in a February 3, 2017 cover letter received from Clerk of Courts, please find one (1)
fully executed FDOT Utility Work Agreement for FPID 435040-1-56-11 for your records.
Should your office require further information, please feel free to contact me.
Thank you,
Richard Goldener
FDOT/Omni Consultant
FDOT District One Utilities (MS 1-11)
801 N. Broadway Ave.
Bartow, FL.
863-519-2526
Attachments (1)
www.fdot.gov
16C1
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
Financial Project ID: 435040-1-56-11 _ Federal Project ID:
County: Collier State Road No.: 45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utiities)
THIS AGREEMENT, entered into this 1 '+h day of i.lA4`1, year of 20/7 , by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT," and Collier
County Water-Sewer District(Collier County Public Utiities) , 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 US 41, State Road No.45, hereinafter referred to as the"Project"; and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation,
installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as"Utility
Work"; and
WHEREAS, the UAO, in accordance with and subject to the limitations of the terms and conditions of this
Agreement, is entitled to be reimbursed for some portion or all of the Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the
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"), 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, and the detailed cost
breakdown for the Utility Work (the"estimate") previously prepared. If the Schedule, the Plans, and
the Estimate have not been prepared as of the date of the execution of this Agreement, then the
Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that
are hereafter prepared in compliance with the notice previously sent to the UAO which established
the terms and conditions under which those documents are to be prepared. The FDOT's approval
of the Plans shall not be deemed to be an adoption of the Plans by the 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.
Page 1 of 10
16CForm No.710-01054
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or omissions in the Plans, Schedule, or Estimate (including location of
the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above);
failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO
to comply with any other obligation under this Agreement or under the law.
b. All Utility Work shall be performed by the UAO's own forces or its contractor. The UAO shall be
responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The
FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and
Bridge Construction) has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are
necessary for the prosecution of the Project and shall stop work or modify work upon order of the
FDOT's engineer as determined by the FDOT's engineer to be necessary for public health, safety or
welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or
changes unless they are attributable to the UAO pursuant to Subparagraph 1 a.
c. After the FOOT has received a proper Schedule, Estimate and Plans, the FOOT will issue a notice
to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FOOT
office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes
the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion
of the Utility Work,the Facilities shall be deemed to be located on the public road or publicly owned
rail corridor under and pursuant to, the Utility Permit N/A (Note: Intent of this line is to allow either
attachment of or separate reference to the permit).
2. Claims Against UAO
a. In the event the FDOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will, in accordance with the FDOT's procedure, notify the UAO
of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other
records relating to the intended claim.
b. In the event the FDOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT 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 FOOT's contractor shall be in writing, shall be subject to written FOOT
concurrence and shall specify the extent to which it resolves the claim against the FOOT.
c. The FOOT may withhold reimbursement to the UAO until final resolution (including any actual
payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to
actual claim payments made by FOOT to FDOT's contractor.
3. Reimbursement for Utility Work
a. The FOOT agrees to reimburse the UAO for a portion of the cost of the Utility Work, hereinafter
referred to as the "FOOT Participating Amount." The FOOT Participating Amount is established by
the FDOT's Utility Estimate Summary form or similar form submitted to and accepted by the FOOT
and the forms supporting documentation. The FOOT Participating Amount is estimated to be
$215,035.00. Any costs not included in the approved Plans and Estimate and any location work
(vertically or horizontally) or other engineering work performed to determine the compensability of
the Utility Work shall not be reimbursed by the FOOT. The UAO shall obtain written approval from
the FOOT prior to performing Utility Work which exceeds the Estimate or which is not in the Plans.
b. The method to be used in calculating the cost of the Utility Work shall be one of the following (check
Page 2 010
L671c0i
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
which option applies):
Actual and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
❑ Actual and related indirect costs accumulated in accordance with an established
accounting procedure developed by the UAO and approved by the FDOT's. (If this option
is selected, the UAO shall provide written evidence of such approval).
❑ An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior
to the execution of this Agreement.
c. In determining the amount of the cost of the Utility Work to be reimbursed, a credit will be required
for any increase in the value of the new Facility and for any salvage derived from the old Facility.
These credits shall be determined as follows:
(1) Increase in value credit.
(a) Expired Service Life. If an entirely new Facility is constructed and the old Facility
retired, credit for the normally-expected service life of the old Facility applies, and
will be determined as of the time of the issuance of the work order. This credit
shall be deducted proportionally from each invoice for the Utility Work.
(b) Upgrading. A percentage of the total cost of the Utility Work, based on the extent
of the betterment obtained from the new Facilities,to be determined as of the time
of the issuance of the work order, will be applied equally to each billing for the
Utility Work.
(2) Salvage Value. The FDOT shall receive salvage value credit for any salvage which shall
accrue to the UAO as a result of the above Utility Work. It is the UAO's responsibility to
ensure recovery of salvageable materials and to report the salvage value of same to the
FDOT. This Salvage Value credit shall be applied as provided in Paragraph 4 c.
4. Invoice Procedures for FDOT Participating Amount
The following terms and conditions apply to all invoices submitted pursuant to this Agreement for
reimbursement of the FDOT Participating Amount:
a. The UAO may, unless reimbursement is on a lump sum basis pursuant to Subparagraph 3. b. hereof,
at monthly intervals, submit progress invoices for all costs incurred for the period covered by the
invoice. In addition to deductions for applicable credits, which deductions shall be shown on the
invoice, the FDOT will retain ten (10%) percent of such progress invoices. Retainage will be paid
with the final invoice. If reimbursement is on a lump sum basis pursuant to Subparagraph 3.b. hereof,
the lump sum invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below.
b. The UAO shall submit a final invoice to the FDOT for payment of all Utility Work within one hundred
and eighty(180)days after written notification from the FDOT of final acceptance of the Utility Work.
The UAO waives all right of reimbursement for invoices submitted more than one hundred eighty
(180)days after written notification of final acceptance of the Utility Work. The FDOT does not waive
its right to reject future untimely invoices by acceptance and payment of any invoices not submitted
within one hundred eighty(180)days after written notification of final acceptance of the Utility Work.
Page 3 of 10
Form/106-5C .
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
c. All invoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph
1.The totals for labor, overhead,travel expenses,transportation, equipment, materials and supplies,
handling costs and all other services shall be shown in such a manner as will allow ready comparison
with the approved Plan and Estimate. Materials shall be itemized where they represent major
components. Salvage credits from recovered and replaced permanent and recovered temporary
materials shall be reported in relative position with the charge for the replacement or the original
charge for temporary use.
d. All invoices shall be submitted in triplicate and shall show the description and site of the project and
the location where the records and accounts invoiced can be audited. Adequate reference shall be
made in the invoicing to the UAO's records, accounts, and other relevant documents.
e. All cost records and accounts shall be maintained in the auditable condition for a period of eight
hundred twenty (820) days after final payment is received by the UAO and shall be subject to audit
by a representative of the FDOT at any reasonable time during this eight hundred twenty(820) day
period.
f. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre-audit and post-audit thereof. Such detail shall include, but not be limited to, a
separation of costs for work performed by UAO's employees and work performed by UAO's
contractor.
g. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida
Statutes. A state agency may establish rates lower than the maximum provided in Section 112.061,
Florida Statutes.
h. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and
services. The FDOT has twenty (20) days from the latter of the date the invoice is received or the
goods or services are received, inspected and approved to deliver a request for payment (voucher)
to the Department of Financial Services or to return the invoice to the UAO.
If a warrant in payment of an invoice is not issued within forty(40)days from the latter of the date the
invoice is received or the goods or services are received, inspected and approved,a separate interest
penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in
addition to the invoice amount, to the UAO. Interest penalties of less than one (1) dollar will not be
enforced unless the UAO requests payment. Invoices which have to be returned to the UAO because
of UAO's preparation errors,will result in a delay in the payment. The invoice payment requirements
do not start until a properly completed invoice is provided to the FDOT. In the event of a bona fide
dispute, the FDOT's voucher shall contain a statement of the dispute and authorize payment only of
the undisputed amount.
j. In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the legislature.
k. A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(850)410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792.
►. In accordance with the Florida Statutes, the FDOT, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may be paid on
such contract. The FDOT shall require a statement from the comptroller of the FDOT that funds are
Page 4of10
Cg'
1601
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years;and this Paragraph shall be incorporated verbatim in all contracts
of the FDOT which are for an amount in excess of$25,000.00 and which have a term for a period of
more than one (1) year. For this purpose, the individual work orders shall be considered to be the
binding commitment of funds.
m. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed
on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
n. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity.
5. Out of Service Facilities
No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active
(hereinafter "Placed out of service/Deactivated") unless specifically identified as such in the Plans. The
following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said
Facilities Placed out of service/Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities
Placed out of service/Deactivated.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a
breach of this Agreement by UAO, the Facilities shall be removed upon demand from the FDOT in
accordance with the provisions of Subparagraph 5. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests concerning the Facilities that are Placed out of service/Deactivated
of the FDOT or other permittees using or seeking use of the right of way.
e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that
the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that
the FDOT determines that use of the right of way is needed for other active utilities that cannot be
Page 5 of 10
A
{
1601
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
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
removal would be considered to be a separate future relocation not necessitated by the construction
of the project pursuant to which they were Placed out of service/Deactivated, and would therefore
not be eligible and approved for reimbursement by the Federal Government. In the event that the
Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other
reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the
Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the
time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal
properly within the specified time, the FDOT may proceed to perform the removal at the UAO's
expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in the Facilities or the discharge of hazardous substances or materials from the Facilities.
Nothing in this Paragraph shall be interpreted to require the UAO to indemnify the FDOT for the
FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be
the responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more
of the following options,provided that at no time shall the FDOT be entitled to receive double recovery
of damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FDOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by
the FDOT or the public against payments due under this Agreement for the same Project.
The right to offset shall be limited to actual claim payments made by FDOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on
FDOT property if the breach is material and has not been cured within 60 days from written
notice thereof from the FDOT until such time as the breach is cured.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the
Page 6 of 10
y.-t%
ate.
16C1
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
cost thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement,the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay
invoices.
(3) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to
other agreements between the parties and from any statutory obligations that either party may have
with regard to the subject matter hereof.
7. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors
will be liable under this section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees
during the performance of this Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FDOT will immediately forward the claim to
the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within
fourteen (14)working days and will jointly discuss options in defending the claim. After reviewing the claim,
the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to
require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to
notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The
FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any.
However, if only one party participates in the defense of the claim at trial, that party is responsible for all
costs.
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.
Page 7 of 10 ny,
1 6 C
Form No.710-010-54
UTILITIES
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
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 FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall
pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in
notifying the UAO of a claim shall not release UAO of the above duty to defend.
8. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement
to the extent such performance is prevented by an act of God,war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimated duration,(b)promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
9. Miscellaneous
a. If the Utility Work is reimbursable under this Agreement, the UAO shall fully comply with the
provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in
connection with the Utility Work covered by this agreement, and such compliance will be governed
by the method marked below:
The UAO will perform all or part of such Utility Work by a contractor paid under a contract
let by the UAO, and the Appendix"A"of Assurances transmitted with the issued work order
will be included in said contract let by the UAO.
❑ The UAO will perform all of its Utility Work entirely with UAO' s forces, and Appendix "A"
of Assurances is not required.
❑ The Utility Work involved is agreed to by way of just compensation for the taking of the
UAO's facilities on right-of-way in which the UAO holds a compensable interest, and
Appendix"A"of Assurances is not required.
❑ The UAO will perform all such Utility Work entirely by continuing contract, which contract
to perform all future Utility Work was executed with the UAO's contractor prior to August
3, 1965, and Appendix"A"of Assurances is not required.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
c. Pursuant to Section 287.058, Florida Statutes, the 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.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto,except that the parties understand and agree that the FDOT has manuals and written
Page 8 of 10
r
mi5U CITIES
104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
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.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
provisions hereof.
f. Time is of the essence in the performance of all obligations under this Agreement.
g. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received
by the end of 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:
Tom Chmelik-Division Director
Collier County Public Utilties Department
Engineering and Project Management Division
3339 Tamiami Trail East, Suite 303
Naples, FL 334112-5361
If to the FDOT:
Shirley McCrary-District Utility Administrator
801 North Broadway Ave., MS 1-11
Bartow, FL 33830
10. 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."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Collier County Water-Sewer District (Collier County Public
Utiities)
Page 9 of 10
,,,T_)
Form 1716 1
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(FDOT PARTICIPATING IN EXPENSE)
BY: (Signature) 4.,,,f L a, DATE: `R-LAVI
(Typed Name:-'J -Nt• i 'TAN/Lot
(Typed Title: ) a,cAlfl o- (r\t).r Y COAtic4,1SsIa (LS- G-lAl e_
Recommend Approval by the District Utility Office
BY: (Signature) DATE: d U 8" 201
FDOT Legal review
BY: (Signature) DATE: r i `
District Coun
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
? �
BY: (Signature) �'L�if 4Gd DATE: ZASX
7
(Typed Name: 04-C Si
iel-
(Typed Title: ) Director of Transportation DeveloomPnt
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name: )
(Typed Title: )
ATTEST Approv s to fo ' ad 1 gality
DWICHT,E. BROCK, CLERK f .f_
BY: a v ;� Scott . each,Deputy County Attorney
Attest as o Chm an's,
signature only.
Page 10 of 10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 p t
UTILITY ESTIMATE SUMMARY +++ ILI
°3(13
Financial Project ID: 435040-1-56-11 Federal Project ID:
County:Collier County State Road No.: 45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilities)
1.
TYPE OF WORK ESTIMATED: (Mark"X"in appropriate box(es).)
Relocation/
Engineering Installation Item(s)
O ❑x Force Account
❑ ❑ Lump Sum
❑ ❑ Third party Contract
❑
0 DOT Administered Contract
❑
0 Other
2.
ESTIMATE SUMMARY: (If more than one work order complete"Total"Column.)
Item(s) Job or Work Order No. Job or Work Order No. Total
(Ph.1 ) (Ph.2-3)
Preliminary Engineering
RPM(Acquisition Only)
Construction Engineering $ 7,210.80 $ 801.20 $ 8.012.00
Construction Labor $ 101,087.14 $ 20,610.14 $ 121.697.28
Materials&Supplies $ 44,583.54 $ 12,818.18 $ 57,401.72
Materials Handling Charges
Transportation&Equipment
Contract Construction
Miscellaneous Expense $ 25,131.60 $ 2,792.40 $ 27,924,00
General Overhead Costs
( %)
GROSS RELOCATION COSTS:
*Salvage
*Betterment
*Expired Service Life
*Nonreimbursable
TOTAL CREDITS: ( ) ( ) ( )
TOTAL REIMBURSABLE COSTS: $ 178,013.08 $ 37,021.92 $ 215,035.00
*%To be Applied to Final
Billing for Credits ( %) ( %) ( )
Due Project.
SUBMITTED FOR THE UTILITY OWNER BY: DATE: f z/7_0(00/G
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 p t
UTILITY ESTIMATE SUMMARY +++ ILI
°3(13
Financial Project ID: 435040-1-56-11 Federal Project ID:
County:Collier County State Road No.: 45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilities)
1.
TYPE OF WORK ESTIMATED: (Mark"X"in appropriate box(es).)
Relocation/
Engineering Installation Item(s)
O ❑x Force Account
❑ ❑ Lump Sum
❑ ❑ Third party Contract
❑
0 DOT Administered Contract
❑
0 Other
2.
ESTIMATE SUMMARY: (If more than one work order complete"Total"Column.)
Item(s) Job or Work Order No. Job or Work Order No. Total
(Ph.1 ) (Ph.2-3)
Preliminary Engineering
RPM(Acquisition Only)
Construction Engineering $ 7,210.80 $ 801.20 $ 8.012.00
Construction Labor $ 101,087.14 $ 20,610.14 $ 121.697.28
Materials&Supplies $ 44,583.54 $ 12,818.18 $ 57,401.72
Materials Handling Charges
Transportation&Equipment
Contract Construction
Miscellaneous Expense $ 25,131.60 $ 2,792.40 $ 27,924,00
General Overhead Costs
( %)
GROSS RELOCATION COSTS:
*Salvage
*Betterment
*Expired Service Life
*Nonreimbursable
TOTAL CREDITS: ( ) ( ) ( )
TOTAL REIMBURSABLE COSTS: $ 178,013.08 $ 37,021.92 $ 215,035.00
*%To be Applied to Final
Billing for Credits ( %) ( %) ( )
Due Project.
SUBMITTED FOR THE UTILITY OWNER BY: DATE: f z/7_0(00/G
1 6 01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-06
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS oGIG002/1s
(Appendix A of Assurances)
Financial Project ID: 435040-1-56-11 Federal Project ID:
County: Collier State Road No.: 45
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District(Collier County Public Utilities)
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 use steel and iron manufactured 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 melting and continuing through final shaping and coating. If a steel or iron product is
taken outside the United States for any manufacturing process, it becomes foreign source material. Foreign steel and
iron may be used when the actual cost of such foreign materials does not exceed 0.1%of the total reimbursable amount
of this agreement.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. Prior to incorporating the
material into the work, the UAO will provide the Florida Department of Transportation a certification from the
manufacturer of steel or iron, or any product containing steel or iron as a component, stating either: a)"that all steel or
iron furnished or incorporated into the furnished product was manufactured in the United States"or, b)"that all steel or
iron furnished or incorporated into the furnished product was manufactured in the United States except for minimal
quantities of foreign steel and iron with an actual cost of$
(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.
1 6 Ci
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
ILIREQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS occ ti1s
(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.
1 6 C ,
APPENDIX: Changes to Form Document
The following additions, deletions and/or changes to the attached document entitled "Appendix A of
Assurances"for Financial Project ID#435040-1-56-11 are hereby made part of said agreement and
incorporated by reference:
Section (4), Buy America"Material Certification Requirements, is hereby deleted in its entirety as
being inapplicable to a non-federally funded project.
Attachment 1
1 6 01
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I, Attachment 3
C�HNS � SINCE 1946
ENGINEERING 16C1
December 20, 2016
Via Email Only: EricFeyAcolliergov.net
Mr. Eric Fey, P.E.
Senior Project Manager
Collier County
Public Utilities Engineering & Project Management Division
3339 Tamiami Trail East, Suite 303
Naples, FL 34112
RE: Collier County RFQ 14-6213-86 Trail Blvd Water Main Relocation
Low Bidder: Kyle Construction, Inc.
Dear Mr. Fey:
The bid opening for the above-referenced project took place on Friday, December 16, 2016.
Collier County provided the results of the bid opening to Johnson Engineering on the next business
day, Monday, December 19, 2016. Johnson Engineering performed an evaluation of the results
and our recommendation is contained herein.
BIDDER BASE BID AMOUNT
Kyle Construction, Inc. $172,174.00
Quality Enterprises USA, Inc. $287,527.50
Mitchell & Stark Construction Co., Inc. $343,660.00
Douglas N. Higgins, Inc. $423,510.00
Haskins, Inc. $546,665.00
Following the bid opening, Collier County prepared the enclosed Bid Tabulation Analysis, which
includes an analysis for mathematical errors.No errors were discovered. For comparison purposes,
Johnson Engineering provided Collier County with an Opinion of Probable Construction Cost in
the amount of$325,895.00. The results show Kyle Construction, Inc. as the low bidder.
Based upon our review, the low bidder, Kyle Construction, Inc., appears to be a reasonable and
responsive bid. Subject to concurrence with the County's Purchasing and Contracts Administration
Division, we believe selection of Kyle Construction, Inc. by Collier County for the intended work
2122 Johnson Street.Post Office Box 1550.Fort Myers,Florida 33902-1550
(239)334-0046.Fax(239) 334-3661
Mr. Eric Fey, P.E. Attachment 3
Re: Collier County RFQ 14-6213-86 Trail Blvd Water Main Relocation 1 6
C I._
Low Bidder: Kyle Construction, Inc.
December 20, 2016
Page 2
contained within the bid documents would be an appropriate choice. Should you have any
questions, or require additional information, please let me know.
Very truly yours,
JOHNSON ENG E NG, INC.
/itg I 477/y/
Mic ael S. Dickey,-P.E.
Director of Utility Services
MSD/ljb
Enclosure
20149700-092
cc: TomChmelik@colliergov.net
OscarMartinez@colliergov.net
BenjaminBullert(a�colliergov.net
PamelaLibby@colliergov.net
SwainsonHall(c),colliergov.net
1601
Colt County
Administrative Services Department
Procurement Services Division
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT
#14-6213 "Annual Contract for Underground Utilities & General Contractors"
Date: December-1, 2016
From: Swainson Hall, Procurement Strategist
239-252-8935, Telephone Number
239-252-6334, Fax Number
swainsonhall(cDcolliergov.net
To: Potential Quoters
Subject: RFQ 14-6213-86 Trail Blvd Water Main Relocation
As provided in the referenced contract, the Collier County Procurement Services Division is
soliciting quotes for the referenced project.
RFQ Due Date: Friday, December 16, 2016 at 3:00 PM
Friday, December 9, 2016 at 10:00 AM
Pre-Quote Meeting: Purchasing, Conference Room A
Q&A Deadline: Wednesday, December 14, 2016 at 5:00 PM
Number of Days to Final Completion: 100 days total
Scope Provided Yes
Plans and Specs: Yes
Liquidated Damages: Will Be Assessed by FDOT
Payment & Performance Bonds If over$200,000.00
Your quotation response for this project is due no later than the date and time specified above. We
will not accept any quotation responses later than the noted time and date. If your firm is unable to
respond electronically, your quotation must be received in the office of the Purchasing Department at
the above referenced address no later than the time and date specified. We look forward to your
participation in this request for information/quotation process.
KIe. Consi-ruc,4ics
Firm't Complete Legal Name
(231 ) b43- 1059 C239) 643- 4b r1c
Telephon- , ber ax Numb-
ignat -
Title
Avfe_ Abclalrtarei 12116116
Print Name Date
C: Eric Fey/Senior Project Manager
1
RFQ 14-6213-86
i6Cl
WORK ORDER/PURCHASE ORDER
Contract 14-6213 "Annual Contract for Underground Utilities &neral Contractors"
Contract Expiration Date: July 7, 2018
This Work Order is for professional water main replacement construction services for work known
as:
Project Name: RFQ 14-6213-86 Trail Blvd Water Main Relocation
Project No: 70045.12.1 ,/
The Work is specified in the proposal dated December 16, 2016, which is attached hereto and made a
part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced
above, this Work Order/Purchase Order is assigned to: Kyle Construction, Inc.
Scope of Work: As detailed in the attached proposal and the following:
* Task I All Work, as shown on the construction plans and as described in Section 012000,
Measurement and Payment
* Task II Allowance, as described in Section 012000, Measurement and Payment
Schedule of Work: Complete work within 100 days from the date of the Notice to Proceed which is
accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the
expiration date of Agreement # 14-6213 will survive and remain subject to the terms and conditions
of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the
Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) (Lump Sum Plus
Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate — Schedule A) n
Cost Plus Fixed Fee (CPFF), as provided in the attached proposal.
Task I $152,174.00 NLS
Task II $ 20,000.00 T&M '
TOTAL FEE $172,174.00
PREPARED BY: /Z/Z9 /i
r. Fey, Se or P oject Manager Date
"ngineerin roject Management Division
APPROVED BY: / z/Z 4 f
Oscar Martinez, rincipal Pro', ager Date
Engineering & Project Ma IWO ent Division
Page 1 of 3
1601
SA/APPROVED BY: I
Tom I elik, Division Director Date
Engi eering & Project Management Division
APPROVED BY: ~ G �� �
/a` ; ! /
Pamela Libby, Mana Distribution Date
C
Water Division
APPROVED BY: ll1U - 17i Z)
) )
Steve Messner, ivision Director Da e
Water Division
APPROVED BY: ime, it, 2 -� / �°/6
Joe ellone, Division Director Date
Operations Support Division
APPROVED BY: IL- 2-`�/(�j
George Yilmaz, Department Head
Date�
Public Utilities Department
APPROVED BY: r / ' / Z— 29— 1
Sw] son all,Procurement Strategist Date
Engineering & Project Management Division
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby
discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or
currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or project
duration.
ACCEPTED BY: K - 9str ion,
�.flea's-Abrah ',V.P. Date
Page 2 of 3 14 \�
1 6 01
IN WITNESS WHEREOF,the parties hereto,have each, respectively. by an authorized person or
agent,executed this Work Order on the date and year first written below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E.Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
.. •�L
I3}., A , - d• ; •f! • By: ... i
,
Penny Taylorhairm6(
Dated.-- --i
Attest as to Chairman's Kyle Conti• Inc,
Si I nature only.
s ;'i ;nature
.6iiihar A' resides&
T"Iypelprint witness ane `. ' Type'print name and fillet
iii
4
i�,: ,... .
S, and Witness
Donis tQ AbrO\Vm
I`Type/print witness name1'
prove• as to F 7 end Legality:
Asea #Count}. Attorney
V$2.91446
1Typelprint name1i
Page 3 of 3