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Agenda 01/22/2013 Item #11D 1/22/2013 Item 11.D. EXECUTIVE SUMMARY Recommendation to a)approve a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation; b) approve a Florida Department of Transportation standard form resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement; c) approve a Memorandum of Agreement with the Florida Department of Transportation and Florida Department of Financial Services,Division of Treasury to establish an interest bearing escrow account;and,d)authorize a budget amendment in the amount of$963,000. OBJECTIVE: Minimize the cost to relocate Collier County Water-Sewer District (CCWSD) infrastructure required by the $54,000,000 Florida Department of Transportation(FDOT)project to widen U.S. 41 (Tamiami Trail East) between County Road 951 (Collier Boulevard) and Greenway Road. CONSIDERATIONS: On June 24, 2009, as Agenda Item 10G, the Board of County Commissioners (Board) adopted the 2008 Water and Wastewater Master Plan Updates that identified the requirement for relocating utility infrastructure in coordination with FDOT. The proposed scope of work is consistent with the 2008 Water Master Plan Update, Project 70045, "FDOT Joint Project Agreements— Water," Section 8, Table 8-2, page 2 of 5, line 53; the 2008 Wastewater Master Plan Update, Project 73045, "FDOT Joint Project Agreements — Sewer," Section 8, Table 8-2, page 2 of 5, line 73; the 2010 Potable Water CIP (dated October 5, 2010) Update, page 3 of 4, line 87, as identified in the 2011 User Fee Rate Study; and, the 2010 Wastewater CIP (dated October 5, 2010) Update, page 2 of 4, line 50, as identified in the 2011 User Fee Rate Study. The FDOT plans to widen U.S. 41 (Tamiami Trail East) between County Road 951 (Collier Boulevard) and Greenway Road with an anticipated construction award date in August 2013. The CCWSD has existing underground water and wastewater infrastructure that will require relocation to accommodate the road widening. The estimated FDOT investment for this project is $54,000,000 and the CCWSD plans to fully support this effort through relocation of its utilities. The Utility Work by Highway Contractor Agreement (Attachment 1) is an agreement to have FDOT's highway contractor relocate the CCWSD underground infrastructure at less cost than relocating the infrastructure under a separate county-directed project. If,however,FDOT's bid to relocate the infrastructure exceeds the CCWSD engineer's estimated construction cost by more than ten percent, the CCWSD has the option to remove the utility work from the contract, or accept the higher cost. The standard form Resolution (Attachment 2) will authorize the Chairman of the Board to execute the requisite Utility Work by Highway Contractor Agreement. The Memorandum Of Agreement (MOA) (Attachment 3) is between the CCWSD, the FDOT, and the State of Florida, Department of Financial Services, Division of Treasury. The MOA will establish an interest-bearing escrow account with the funds that the CCWSD agrees to deposit as part of the Utility Work by Highway Contractor Agreement. Packet Page-487- 1/22/2013 Item 11.D. Under these agreements, there will be an FDOT project account for the entire project, including the roadway and the utility infrastructure relocations. Pay applications are paid directly from the FDOT project account,not the CCWSD escrow account. Monthly,there is a drawdown from the escrow account to the project account. There are quarterly reconciliations, and a final true-up, both of which include a summary of expenditures. Collier County can receive copies of these reports upon request. At project close out, any funds remaining in escrow are returned to the CCWSD. If the Board elects not to enter into these agreements, the CCWSD will need to relocate the infrastructure separately in advance of the FDOT road widening. The CCWSD engineer of record estimates that it would potentially cost an additional $1,000,000 (reference Attachment 4) primarily resulting from: • Additional effort to handle and place fill over pipe that will be required for road and drainage improvements, • Traffic maintenance that would have been handled by the road contractor, • Additional cost to divert proposed mains under existing drainage that will be removed during the road work, and • Additional mobilization due to not being part of the larger road project. FISCAL IMPACT: Funding is available and is consistent with the FY13 Capital Budget approved by the Board on September 24, 2012. The sources of funding are the Water User Fee Fund (412), and the Wastewater User Fee Fund (414). A budget amendment in the amount of $963,000 will be required from Project 73950,Fund 414,to complete the wastewater relocations. The CCWSD engineer's estimated construction cost based on 90 percent design plans is $4,027,083.00. The total amount of funds required for escrow is $4,510,333.00, which includes the estimated cost of construction plus a 12 percent contingency required by the MOA ($2,301,376.00 for water infrastructure, and $2,208,957.00 for wastewater infrastructure, reference Attachment 5). Water Wastewater: Total CCWSD Engineer's Estimate $2,054,800 $1,972,283 $4,027,083 2%CEA Contingency 41,096 39,446 $80,542 10%Project Contingency 205,480 197,228 $402,708 Total Estimated Cost $2,301,376 $2,208,957 $4,510,333 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient,and requires majority vote for approval. -SRT GROWTH MANAGEMENT IMPACT: This project is consistent with and will further the Goals, Objectives, and Policies of the Collier County Growth Management Plan. Packet Page-488- 1/22/2013 Item 11.D. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve 1. a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation; 2. a Florida Department of Transportation standard form Resolution authorizing the Chairman to execute the Utility Work by Highway Contractor Agreement; 3. a Memorandum of Agreement with the Florida Department of Transportation and the Florida Department of Financial Services,Division of Treasury; and, 4. a budget amendment in the amount of$963,000. Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management Department. Attachments: Attachment 1 —Utility Work by Highway Contractor Agreement Attachment 2—Standard form Resolution Attachment 3—Memorandum of Agreement • Attachment 4—CCWSD Engineer's Email of Probable Cost Attachment 5—CCWSD Engineer's Estimate Summary Sheet Packet Page-489- 1/22/2013 Item 11.D. COLLIER COUNTY Board of County Commissioners Item Number: 11.D. Item Summary: Recommendation to a) approve a Utility Work by Highway Contractor Agreement with the Florida Department of Transportation; b) approve a Florida Department of Transportation standard form resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement; c) approve a Memorandum of Agreement with the Florida Department of Transportation and Florida Department of Financial Services, Division of Treasury to establish an interest bearing escrow account; and, d) authorize a budget amendment in the amount of$963,000. (Tom Chmelik, Public Utilities Planning and Project Management Director) Meeting Date: 1/22/2013 • Prepared By Name:Nathan Beals Title: Project Manager, Associate,Public Utilities Engine 12/27/2012 4:07:02 PM Approved By Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 12/28/2012 8:31:53 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 12/31/2012 1:12:33 PM Name: Susan Jacobs Title: Operations Analyst,Public Utilities Date: 1/2/2013 1:14:23 PM Name:ChmelikTom Title: Director,Public Utilities Engineering Date: 1/3/2013 12:28:39 PM Name: MarkiewiczJoanne Packet Page-490- 1/22/2013 Item 11 .D. Title:Manager-Purchasing Acquisition,Purchasing&Gene Date: 1/3/2013 2:17:00 PM Name: Joseph Bellone Title: Manager-Utility Billing&Cust Serv.,Utilities F Date: 1/3/2013 4:27:52 PM Name: YilmazGeorge Title: Administrator,Public Utilities Date: 1/10/2013 1:53:23 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/10/2013 3:53:00 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 1/15/2013 11:16:09 AM Name: KlatzkowJeff Title: County Attorney Date: 1/15/2013 12:02:36 PM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 1/15/2013 1:3 2:31 PM Name: OchsLeo Title: County Manager Date: 1/15/2013 2:04:44 PM Packet Page-491- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILI TIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) Financial Project ID: 415621-2-52-01 Federal Project ID: County: Collier State Road No.: 90 District Document No: Utility Agency/Owner(UAO): Collier County Water-Sewer District THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and Collier County Water-Sewer District , hereinafter referred to as the"UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as US 41, State Road No.: 90, hereinafter referred to as the "Project"; and WHEREAS,the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the"Facilities"(said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); 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 FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS,the UAO, pursuant to the terms and conditions hereof,will bear certain costs associated with 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. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection)for the Utility Work(hereinafter referred to as the "Plans Package")on or before Nov 14th, year of 2012. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. c. Unless otherwise specifically directed in writing,the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual,the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not Page 1 of 9 Packet Page-492- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71 UTITLITIEUTEE. S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT,and to such other right of way users as designated by the FDOT,for review at the following stages: Phase II. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages,as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f.above,the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: NA.These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment,and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work,the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: Pending (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. c. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent(10%)and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Page 2 of 9 Packet Page-493- 1/22/2013 Item 11.D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71 UILITI TILITIES S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ow-05/12 (AT UTILITY EXPENSE) Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection,testing,and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package,except for the following activities: NA and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer 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 Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. 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 4.a. b. The initial estimate of the cost of the Utility Work is $4,027,083.00. At such time as the FDOT prepares its official estimate,the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate,the UAO shall have five(5)working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c. At least Fourteen (14)calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for Page 3 of 9 Packet Page-494- 1/22/2013 Item 11.D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71 UTITLITIEUTEE. S UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) changes to the Utility Work during the construction of the Project(the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made(choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. ® as provided in the attached Memorandum of Agreement between UAO, FDOT and the State of Florida, Department of Financial Services,Division of Treasury. Deposits of less than $100,000.00 must be pre-approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project,the UAO shall,within fourteen(14)calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes • apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however,failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs,the UAO will be notified by the FDOT accordingly.The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor,the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty(360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO Page 4 of 9 Packet Page-495- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTIL a22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) for a period of three(3)years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date,a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty(40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. 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 Package(including inaccurate location of the Facilities)or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will 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. c. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds 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 the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. 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 the UAO. In the event of a breach of this Agreement by the UAO,the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 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 of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the 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 Page 5 of 9 Packet Page-496- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILI 0-2 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. 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. 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 or discharging 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 sixty(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 sixty(60)days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement,the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty(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. Page 6 of 9 Packet Page-497- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-2` UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05/12 (AT UTILITY EXPENSE) (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 nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. 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. 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 Packet Page-498- 1/22/2013 Item 11.D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-2 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05112 (AT UTILITY EXPENSE) UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of 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. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities;provided, however,that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. 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 portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery,or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Nathan Beals 3339 East Tamiami Trail, Suite 303 Naples, Florida 34112 If to the FDOT: John Faison 801 North Broadway(MS 1-11) Bartow, FL 33831 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. Page 8 of 9 Packet Page-499- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-05112 (AT UTILITY EXPENSE) 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 BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) • • Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) Page 9 of 9 Packet Page-500- 1/22/2013 Item 11 .D. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION Form No. UTILITY AGREEMENT 0/00 00100 Rev.0 Financial Project ID: 415621-2 Federal Project ID: N/A County/Section No: Collier State Road No.90 District Document No: N/A Utility Agency/Owner(UAO): Collier County Water-Sewer District WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project"; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for Collier County Water-Sewer District, hereinafter referred to as the"UAO", to execute and deliver to the FDOT the agreement identified as Utility Work by Highway Contractor Agreement(At Utility Expense),hereinafter referred to as the"Agreement"; NOW,THEREFORE, BE IT RESOLVED BY THE UAO: That(Name) , Chair of the Collier County Board of County Commissioners and ex-officio the governing board of the Collier County Water-Sewer District be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution is to be forwarded to the FDOT along with the executed Agreement. ON MOTION of Commissioner , seconded by Commissioner , the above resolution was introduced and passed by the UAO on the day of , year of ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, DWIGHT E. BROCK, CLERK FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY By: WATER-SEWER DISTRICT , DEPUTY CLERK By: Georgia A. Hiller, Esq.,CHAIRWOMAN Approval for form and legal Sufficiency: Scott Teach Deputy County Attorney Packet Page-501- 1/22/2013 Item 11.D. MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of 201_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and ( Collier County Water-Sewer District ), hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Main Financial Project No.: 415621-2-52-01 County: Collier hereinafter referred to as the "PROJECT". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement dated , 201 , wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of Four Million Five Hundred and Ten Thousand Three Hundred and Thirty Three Dollars ($4,510,333.00) will be made by the PARTICIPANT into an interest bearing escrow account established by the FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of the FDOT. 2. Other deposits may be made by the PARTICIPANT as necessary to cover cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. Packet Page-502- 1/22/2013 Item 11 .D. 350-020-300-m Page 2 of 3 3. Payment will be made as follows (check appropriate payment method): P1 Wire transfer Q ACH deposit P1 Check A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account# 001009068974 ABA#026009593 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Project# For ACH deposits: Bank of America • Account#001009068974 ABA#063100277 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial Project# If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT, 00C- GAO for appropriate processing at the following address: Florida Department of Transportation 00C-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the PARTICIPANT to mail the District Office a copy of the check. 4. The FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to the FDOT. 7. The TREASURY further agrees to provide periodic reports to the FDOT. Packet Page-503- 1/22/2013 Item 11 .D. 350-020-300-m Page 3 of 3 STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL COMPTROLLER SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER • Packet Page-504- 1/22/2013 Item 11 .D. BealsNathan From: Mike Dickey [MSD©johnsoneng.com] Sent: Friday, December 07, 2012 11:11 AM To: BealsNathan Cc: Lisa Baughman Subject: US41 Utility Relocations Opinion of Probable Cost Attachments: 12-06-12-Bid Schedule OPC.xlsx Follow Up Flag: Follow up Flag Status: Flagged Nathan, Please find attached the opinion of probable construction cost for US41.The unit prices are based on a combination of average cost on • FDOT projects over the past year which are posted on their website • interviewing two utility contractors to get there opinion on labor cost and • reviewing a material quote we requested from Ferguson. This cost includes performing the work in conjunction with the road work. If the utility work were to be performed prior to the road work starting it is estimated the cost could increase approximately 20%-30%.This increase would account for items such as but not limited to: • a reduction timeframe in construction time • additional effort to handle and place fill over pipe that will be required for the road and drainage improvements • maintenance of traffic that would have been handled by the road contractor • additional cost to divert proposed mains under existing drainage that will be removed under the road work and • an overall increase recognized from an economy scale stand point in which the sum of road and utility project would be less than each individual part. To derive the percent increase we compared the major items, in this case the piping, on this project to the recently constructed SR84(Davis Blvd) project which was bid separately from the road improvements.The cost for the 16" main was$75 per linear foot compared to our estimated $60 for this project for an increase of 20%.Also comparing the state average of approximately$50 per linear foot to the Davis project,the increase would be approximately 30%. Assuming an average increase of 25%it is estimated the project could potentially cost approximately 1 million dollars more when constructed as a stand-alone project. Should you have any questions, please feel free to call me at(239)461-2455.Thanks. Michael S. Dickey, P.E. Director of Utility Services JOHNSON ENGINEERING, INC. P.O. Box 1550 2122 Johnson Street Fort Myers, Florida 33902-1550 Phone 239 334-0046 ext. 2455 Fax 239 334-3661 msd(a�johnsonenq.com www.johnsonengineerinq.com 1 Packet Page -505- ENGINEER'S ESTIMATE SUMMARY SHEET 1/22/2013 Item 11 .D. COLLIER COUNTY UTILITY RELOCATIONS FOR SR 90 Financial ID No.: 415621-2-52-01 FDOT District: 1 FDOT ITEM ITEM LONG DESCRIPTION EST. UNIT UNIT EXTENDED PRICE NO. QTY. PRICE Potable Water 101-1 MOBILIZATION 1 LS $50,000 $50,000.00 555-1-4 DIRECTIONAL BORE,18"-24" 1,000 LF $140 $140,000.00 1050-11-222 UTILITY PIPE,F&I,PVC,WATER/SEWER 2.0-4.9" 43 LF $30 $1,290.00 1050-11-224 UTILITY PIPE,F&I,PVC,WATER/SEWER,8.0-19.9" 19,135 LF $60 $1,148,100.00 1050-11-514 UTILITY PIPE,F&I,STEEL,CASING/CONDUIT,8.0-19.9" 188 LF $120 $22,560.00 1050-11-515 UTILITY PIPE,F&I,STEEL,CASING/CONDUIT,20.0-49.9" 349 LF $200 $69,800.00 1050-16-002 UTILITY PIPE,REMOVE&DISPOSE,2.0-4.9" 290 LF $3 $870.00 1050-16-003 UTILITY PIPE,REMOVE&DISPOSE,5.0-7.9" 4,607 LF $5 $23,035.00 1050-16-004 UTILITY PIPE,REMOVE&DISPOSE,8.0-19.9" 19,135 LF $7 $133,945.00 1055-11-414 UTILTIY FITTINGS,F&I,DI/CI,ELBOW,8.0-19.9" 61 EA $550 $33,550.00 1055-11-424 UTILTIY FITTINGS,F&I,DI/CI,TEE,8.0-19.9" 14 EA $850 $11,900.00 1055-11-434 UTILITY FITTINGS,F&I,DI/CI,REDUCER,8.0-19.9" 1 EA $550 $550.00 1080-11-106 UTILITY FIXTURES,F&I,0.0-1.9",VAC/AIR ASSEMBLY 8 EA $3,500 $28,000.00 n 1080-11-203 UTILITY FIXTURES,F&I,2.0-4.9",TAPPING SADDLE/SLEEVE 1 EA $1,500 $1,500.00 1080-11-309 UTILITY FIXTURES,F&I,5.0-7.9"MECH.JOINT RESTRAINT 10 EA $140 $1,400.00 1080-11-404 UTILITY FIXTURES,F&I,8.0-19.9",VALVE ASSEMBLY 31 EA $9,000 $279,000.00 1080-11-405 UTILITY FIXTURES,F&I,8.0-19.9",BLOWOFF ASSEMBLY 7 EA $2,800 $19,600.00 1080-11-409 UTILITY FIXTURES,F&I,8.0-19.9",MECH.JOINT RESTRAINT 150 EA $290 $43,500.00 1644-116-08 FIRE HYD,F&I,STD,3WY/2 HOSE/1P,6" 11 EA $4,000 $44,000.00 1644-900 FIRE HYD,REMOVE,STD,3WY/2 HOSE/1P,6" 11 EA $200 $2,200.00 �. �.a� a's�i����.SSrk's�°`'$`"* ��'`.' � a;z',;�K•,"i $2,054,800.00 SUMMARY WATER SUBTOTAL: $2,054,800.00 2%CEA CONTINGENCY: $41,096.00 10%CONTINGENCY: $205,480.00 WATER TOTAL: $2,301,376.00 Packet Page-506- ENGINEER'S ESTIMATE SUMMARY SHEET 1/22/2013 Item 11 .D. COLLIER COUNTY UTILITY RELOCATIONS FOR SR 90 Financial ID No.: 415621-2-52-01 FDOT District: 1 FDOT ITEM ITEM LONG DESCRIPTION EST. UNIT UNIT EXTENDED PRICE QTY. PRICE Wastewater Force Main 101-1 MOBILIZATION 1 LS $50,000 $50,000.00 1050-11-322 UTILITY PIPE,F&I,PE,WATER/SEWER,2.0-4.9" 662 LF $20 $13,240.00 1050-11-323 UTILITY PIPE,F&I,PE,WATER/SEWER,5.0-7.9" 492 LF $40 $19,680.00 1050-11-324 UTILITY PIPE,F&I,PE,WATER/SEWER,8.0-19.9" 18,735 LF $72 $1,348,920.00 1050-11-325 UTILITY PIPE,F&I,PE,WATER/SEWER,20.0-49.9" 79 LF $120 $9,480.00 1050-16-002 UTILITY PIPE,REMOVE&DISPOSE,2.0-4.9" 291 LF $3 $873.00 1050-16-003 UTILITY PIPE,REMOVE&DISPOSE,5.0-7.9" 4,607 LF $5 $23,035.00 1050-16-004 UTILITY PIPE,REMOVE&DISPOSE,8.0-19.9" 18,615 LF $7 $130,305.00 1055-11-314 UTILTIY FITTINGS,F&I,PE,ELBOW,8.0-19.9" 44 EA $600 $26,400.00 1055-11-334 UTILITY FITTINGS,F&I,PE,REDUCER,8.0-19.9" 1 EA $600 $600.00 1055-11-394 UTILTIY FITTINGS,F&I,PE,SPECIAL,8.0-19.9" 17 EA $1,000 $17,000.00 1080-11-204 UTILITY FIXTURES,F&I,2.0-4.9",VALVE ASSEMBLY 7 EA $750 $5,250.00 1080-11-205 UTILITY FIXTURES,F&I,2.0-4.9",BLOWOFF ASSEMBLY 1 EA $1,700 $1,700.00 1080-11-206 UTILITY FIXTURES,F&I,2.0-4.9",VAC/AIR ASSEMBLY 8 EA $3,700 $29,600.00 1080-11-304 UTILITY FIXTURES,F&I,5.0-7.9",VALVE ASSEMBLY 6 EA $1,100 $6,600.00 n 1080-11-404 UTILITY FIXTURES,F&I,8.0-19.9",VALVE ASSEMBLY 30 EA $9,000 $270,000.00 1080-11-405 UTILITY FIXTURES,F&I,8.0-19.9",BLOWOFF ASSEMBLY 7 EA $2,800 $19,600.00 WASTEWATER TOTAL: $1,972,283.00 WASTEWATER SUMMARY WASTEWATER SUBTOTAL: $1,972,283.00 2%CEA CONTINGENCY: $39,445.66 10%CONTINGENCY: $197,228.30 WASTEWATER TOTAL: $2,208,956.96 SUMMARY WATER SUBTOTAL: $2,301,376.00 WASTEWATER SUBTOTAL: $2,208,956.96 PROJECT TOTAL: $4,510,332.96 Packet Page-507-