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Agenda 04/23/2019 Item #16A14 (Everglades Switching Device Project)04/23/2019 EXECUTIVE SUMMARY Recommendation to approve an agreement with CenturyLink for the relocation of the Everglades Switching Device located within the project limits of Project No. 60145 “Design Build Golden Gate Boulevard 4-Lane, from west of 20th Street East to east of Everglades Boulevard, including drainage to the Faka Union Canal” in the amount of $239,430.38 (Project No. 60145). OBJECTIVE: To approve an agreement between Collier County and CenturyLink to relocate the Everglades Switching Device, which is located within the project limits of Project No. 60145, “Design Build Golden Gate Boulevard 4-Lane, from west of 20th Street East to east of Everglades Boulevard, including drainage to the Faka Union Canal,” for a not-to-exceed amount of $239,430.38. CONSIDERATIONS: On July 11, 2016, Collier County and Embarq Florida, Inc., d/b/a CenturyLink, entered a Subordination of Utility Interests Agreement, granting a Utility Easement. That Agreement reads, in part, that: “Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days’ written notice to do so and hereby agrees to pay the reasonable cost for such alteration, adjustment or relocation, including, but not limited to the cost of acquiring appropriate easements.” On July 18, 2018, the County issued a Notice to Proceed (NTP) to Ajax Paving/Sta ntec Design Build Team to proceed with “Design Build Golden Gate Boulevard 4-Lane, from west of 20th Street East to east of Everglades Boulevard, including drainage to the Faka Union Canal.” A portion of this project requires widening of Everglades Blvd., prompting a relocation of the utility as it will conflict with proposed new roadway features. As requested by the County, the utility owner presented an estimated not -to-exceed relocation cost in the amount of $239,430.38, along with a written proposal and scope of work. Staff is recommending that the Board approves the agreement between Collier County and CenturyLink to relocate the Everglades Switching Device, which is located within project limits, and to approve the cost of the relocation for a not-to-exceed amount of $239,430.38, as specifically itemized in Exhibit “B” to the attached Agreement. FISCAL IMPACT: Funds in the amount of $ 239,430.38 are available in the Gas Taxes Fund (313), Project No. 60145. Source of funds are gas taxes. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: Approval of this item will not have an impact on Growth Management operations. RECOMMENDATION: To approve the agreement between Collier County and CenturyLink to relocate the Everglades Switching Device, which is located within project limits of Project No. 60145 “Design Build Golden Gate Boulevard 4-Lane, from west of 20th Street East to east of Everglades Boulevard, including drainage to the Faka Union Canal” for a not-to-exceed amount of $239,430.38. Prepared by: Mario A. Puente, PE-CGC, Sr. Project Manager, Transportation Engineering Division, Growth Management Department. 16.A.14 Packet Pg. 1379 04/23/2019 ATTACHMENT(S) 1. Certificate of Insurance (PDF) 2. CenturyLink FINAL 4.8.19 (PDF) 16.A.14 Packet Pg. 1380 04/23/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 8391 Item Summary: Recommendation to approve an agreement with CenturyLink for the relocation of the Everglades Switching Device located within the project limits of Project No. 60145 “Design Build Golden Gate Boulevard 4-Lane, from west of 20th Street East to east of Everglades Boulevard, including drainage to the Faka Union Canal” in the amount of $239,430.38 (Project No. 60145). Meeting Date: 04/23/2019 Prepared by: Title: – Transportation Engineering Name: Mario Puente 03/21/2019 8:22 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/21/2019 8:22 AM Approved By: Review: Growth Management Department Christine Arnold Level 1 Reviewer Completed 03/21/2019 8:36 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/21/2019 3:41 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/25/2019 2:24 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/25/2019 3:37 PM Transportation Engineering Marlene Messam Additional Reviewer Completed 03/25/2019 3:39 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/26/2019 8:16 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/26/2019 10:11 AM Procurement Services Sandra Herrera Additional Reviewer Completed 03/26/2019 3:41 PM Procurement Services Ted Coyman Additional Reviewer Completed 03/27/2019 1:25 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/01/2019 1:53 PM Growth Management Department James C French Deputy Department Head Review Completed 04/05/2019 12:07 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/11/2019 4:46 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2019 8:01 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/12/2019 8:56 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/16/2019 2:04 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/16/2019 3:47 PM 16.A.14 Packet Pg. 1381 04/23/2019 Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM 16.A.14 Packet Pg. 1382 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANYPROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B C 3,000,000 09/01/2019 RGD500033306 Cheryll L. Koch X RWE500033106 - WA SEA-003608139-01 1,000,000 10,000,000 RWR500033006 WI X 37885 10,000,000 Monroe, LA 71203 Retention of Marsh USA Inc. Seattle, WA 98101-2682 N X CONTRACTUAL LIABILITY 09/01/2018 1 09/01/2019 09/01/2018 09/01/2019 09/01/2019 RAD500033406 Technology E&O incl. B 15,000,000 3,000,000 X RWE500033206 - OH 36420 XL Specialty Insurance Co. 1,000,000 X C X 03/28/2019 5,000,000 09/01/2018 10,000,000 09/01/2018 Collier County Board of County Commissioners is included as Additional Insured as respects their interest in the operations of the Named Insured as required by contract or agreement regarding General Liability and Auto Liability. X 09/01/2018 3311 Tamiami Trail East Bldg. D Naples, FL 34112 Collier County Board of County X A B Allianz Underwriters Ins Co CN102197661-STND-ALL-18-19 Each Claim/Aggregate 10,000 09/01/2019 2,000,000 ART3016558 Cyber/Privacy Liability B Auto Physical Damage - Self Insured 15,000,000 22322 500,000 1,000,000 09/01/2019 X RWD500032906 AOS CA License #0437153 Marsh USA Inc. X 1301 5th Avenue, Suite 1900 Attn: Seattle.certrequest@marsh.com / Fax: 212-948-4326 including but not limited to: Qwest Communications International Inc.; Embarq Corporation; CenturyLink, Inc. and all subsidiaries, 100 CenturyLink Drive; Mailstop 5TS154 Level 3 Parent, LLC and Level 3 Communications, LLC X ART3016558 09/01/2018 Commissioners X X X 09/01/2018 09/01/2018 X X A X 09/01/2019 09/01/2019 Greenwich Insurance Company X 16.A.14.a Packet Pg. 1383 Attachment: Certificate of Insurance (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Additional Insured as respects your interest in the operations of the Named Insured as required by written contract. Any coverage provided hereunder shall be excess over any other Carrier: ACE American Insurance Company requires that this policy be primary. Property Coverage: "All Risk" of Direct Physical Loss or Damage to All Real and Personal Property, including Boiler & Machinery, Earthquake, Flood and Wind - Replacement Cost Effective Dates: 03/01/2018 - 09/01/2019 Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but --------- WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AND EXCESS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY (OH & WA - SELF-INSURED - 2 Basis, and Business Interruption - Actual Loss Sustained. Each Occurrence: $10,000,000 Limit: $25,000,000 2 that occur within 50’ of railroad property, any railroad exclusions have been deleted per endorsement CG2417. with whom you have entered into a contract or agreement, but only to the extent required by such contract or agreement. Separation of Insureds Applies. Insurance covers incidents Seattle Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Automatic Additional Insured's Primary Coverage by the additional insured shall not be contributory insurance. Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization Coverage provided by the above General Liability policy shall be primary and is limited to liability arising out of Named Insured's ownership and/or operations. Any insurance carried -------------------- GENERAL LIABILITY -------------------- Certificate of Liability Insurance CN102197661 required by such contract or agreement. Separation of Insureds Applies. -------------------- COMMERCIAL CRIME - FIDELITY BOND -------------------- valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically only to the extent required by such contract or agreement. Separation of Insureds Applies. Lessor - Additional Insured and Loss Payee - All Lessors -------------------- U.S. PROPERTY -------------------- Coverage applies per occurrence. Additional Insured as respects your interest in the operations of the Named Insured as required by contract or agreement. Waiver of Transfer of -------------------- EXCESS/UMBRELLA -------------------- $1,000,000 RETENTION) --------- Deductible: $25,000,000 Policy Number: ART 3016558 Waiver of Our Right to Recover from Others (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent have entered into a contract or agreement, but only to the extent required by such contract or agreement. Other deductibles may apply as per policy terms and conditions. Marsh USA Inc. Carrier: Allianz Underwriters Insurance Company Loss Payee or mortgagee as required by written contract/loan agreement to the the extent of your insurable interest. Waiver of Subrogation - Any person or organization whom you including but not limited to: Qwest Communications International Inc.; Embarq Corporation; CenturyLink, Inc. and all subsidiaries, 100 CenturyLink Drive; Mailstop 5TS154 Level 3 Parent, LLC and Level 3 Communications, LLC Monroe, LA 71203 Policy Number: DONG23680075 005 required by such contract or agreement. Rights of Recovery Against Others to Us (Waiver of Subrogation) - Any person or organization with whom you have entered into a contract or agreement, but only to the extent 25 Effective Dates: 03/15/2018 - 09/01/2019 -------------------- AUTOMOBILE LIABILITY -------------------- 16.A.14.a Packet Pg. 1384 Attachment: Certificate of Insurance (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1385 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) EXHIBIT A -ADDENDUM TO SPECIAL CONSTRUCTION PROPOSAL Section 1. Contract Documents A.The Contract Documents consist of the Special Construction Proposal (the •Agreemenf ), the attached Centurylink Estimate -Relocation of the Everglades Switching Device dated November 15, 2018 (Exhibit •s·), the Insurance Requirements (Exhibit ·c•), the Collier County Change Order Form (Exhibit "D"), the attached Subordination of Utility Interests agreement dated July 11, 2016 (Exhibit ·E"), the attached Stanley Consultants, Inc. Utility Adjustment Plans (Exhibit "F"), and any applicable state or federal tariffs and/or rates and services schedules on file with the applicable regulatory authorities. All the foregoing Contract Documents are incorporated by reference and made a part of the Agreement (all said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). Section 2. Scope of Work. Centurylink agrees to furnish all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, subject to the County's ultimate payment for the relocation of the Everglades Switching Device upon being invoiced by Centurylink for the completed work as provided in the Agreement. Section 3. Contract Amount. In consideration of the Centurylink's performance as provided in the Special Construction Proposal, Collier County agrees to pay, or cause to be paid, to Centurylink the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: $239,430.38. Section 4. Contract Time. A.Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Centurylink shall commence the Work within five (5) calendar days from theCommencement Date. Computation of Time Periods. When any period is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. B.Recovery of Damages Suffered by Third Parties. Centurylink shall be liable to Collier County to the extent the County incurs damages from a thirdparty because of Centurylink's failure to timely fulfill all its obligations that may be owed to it arising out of or relating to the relocation of the Switching Device under this Agreement. 1 16.A.14.b Packet Pg. 1386 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1387 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1388 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1389 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1390 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1391 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1392 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1393 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1394 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1395 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1396 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1397 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1398 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1399 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1400 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1401 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1402 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1403 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.) 16.A.14.b Packet Pg. 1404 Attachment: CenturyLink FINAL 4.8.19 (8391 : Design Build Golden Gate Blvd - CenturyLink switch station relocation.)