Resolution 2020-181 RESOLUTION NO. 2020- 181
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT ("CCWSD"), MEMORIALIZING THE APPROVAL
OF A FLORIDA DEPARTMENT OF TRANSPORTATION ("FOOT") UTILITY WORK
AGREEMENT (FINANCIAL PROJECT ID: 425843-2-56-12) AT ITS OCTOBER 13, 2020,
MEETING, FACILITATING THE COORDINATION AND RELOCATION OF CCWSD
UTILITY FACILITIES WITHIN THE PROJECT LIMITS OF FDOT'S PLANNED
INTERCHANGE IMPROVEMENTS AT I-75 AND SR 951, AND PROVIDING A MEANS
FOR FDOT TO REIMBURSE THE COLLIER COUNTY WATER-SEWER DISRICT FOR
ITS COST IN RELOCATING CERTAIN UTILITY FACILITIES.
WHEREAS, at its October 13, 2020, meeting the Collier County Board of County
Commissioners (the "Board"), acting as the ex-officio governing Board of the Collier County
Water-Sewer District, approved a Utility Work Agreement with the FDOT that provides a
formal mechanism for FDOT to reimburse the Collier County Water-Sewer District for costs
that will be incurred to relocate certain public utility facilities located within the project limits of
FDOT's planned interchange improvements at I-75 AND SR-951;and
WHEREAS, the FDOT requires that the Board submit a Resolution memorializing
the Board's approval of the attached Utility Work Agreement (FINANCIAL PROJECT ID:
425843-2-56-12) and the authority of its Chairman or designated authority to execute the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
AS FOLLOWS:
1. The foregoing WHEREAS clauses are incorporated herein by reference.
2. The Board of County Commissioners of Collier County, Florida, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, hereby approved the attached
subject Utility Work Agreement (Financial Project ID: 425843-2-56-12) and authorized its
Chairman or designated authority to execute that Agreement at its October 13,2020 meeting.
3. This Resolution shall become effective immediately upon its adoption.
C
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 13th day of October 2020 after majority vote.
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ATTEST: BOARD OF COUNTY COMMILONERS,
COLLIER COUNTY,FLORID i S THE
EX-OFFICIO GOVERNING BOtl,D ,
Crystal Clerk of Courts OF THE COLLIER COUNTY VWW4T3R- •
&Comptroller SEWER DISTRICT
BY !(
I?ep '
Attest as ai n's
-signature onl , BY
slgn Y
Burt L. Saunders,Chairman
Ap• • ed as to form and legality:
'` R. Teach
Deputy County Attorney
2 � `
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010S4
UTILITY WORK AGREEMENT UTILITIES
10/04
(FOOT PARTICIPATING IN EXPENSE)
Financial Project ID:425843-2-56-12 Federal Project ID: N/A
County: Collier State Road No.:951
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District
THIS AGREEMENT,entered into this day of ,year of ,by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the"FDOT,"and Collier County
Water-Sewer District , hereinafter referred to as the"UAO";
WITNESSETH:
WHEREAS,the UAO owns or desires to install certain utility facilities which are located on the public road or
publicly owned rail corridor identified below, hereinafter referred to as the"Facilities,"(said term shall be deemed to
include utility facilities as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as 425843-21-75 tt SR 951, State Road No. 951, 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 FOOT 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 FOOT
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 FOOT(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 FOOT 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
FOOT 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 FOOT or its contractors in the prosecution of the Project. The UAO shall be responsible for
all costs incurred as a result of any delay to the 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
Page 1 of 10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54
UTILITY WORK AGREEMENT UTILITIES
10/04
(FOOT PARTICIPATING IN EXPENSE)
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 shalt 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 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 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$460,752.00.
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
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.
Page 2 o1 10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-64
UTILITY WORK AGREEMENT UTILITIES
(FDOT PARTICIPATING IN EXPENSE)
❑ 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 FOOT 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54
UTILITY WORK AGREEMENT UTILITIES
10/04
(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
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
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STATE of FLORIDA DEPARTMENT of TRANSPORTATION Form No.710-010-54
UTILITY WORK AGREEMENT UTILITIES
(FDOT PARTICIPATING IN EXPENSE)
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 FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by 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 FOOT determines that use of the right of way is needed for other active utilities that cannot be
otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of
Service/Deactivated would not have qualified for reimbursement under this Agreement,removal shall
be at the sole cost and expense of the UAO and without any right of the UAO to object or make any
claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out
of service/Deactivated would have qualified for reimbursement only under Section 337.403 (1)(a),
Florida Statutes,removal shall be at the sole cost and expense of the UAO and without any right of the
UAO to object or make any claim of any nature whatsoever with regard thereto because such a
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No
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54
UTILITY WORK AGREEMENT UTILITIES
10/04
(FDOT PARTICIPATING IN EXPENSE)
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 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.
Page 6 of 10
STATE OF RORtDA DEPARTMENT OF TRANSPORTATION Form No.710-010$4
UTILITY WORK AGREEMENT UTILITIES
(FDOT PARTICIPATING IN EXPENSE)
(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 FOOT and all of its
officers, agents,and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement,whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject,except that neither the UAO,its agents,employees,or contractors will
be liable under this section for damages arising out of the injury or damage to persons or property directly
caused by or resulting from the negligence of the FOOT or any of its officers,agents,or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement,the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT 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 FOOT's failure to notify the UAO of
a claim shall not release the UAO from any of the requirements of this section. The FOOT 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 FOOT 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
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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-54
UTILITY WORK AGREEMENT UTIL'TIEES4
(FOOT PARTICIPATING IN EXPENSE)
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.
❑ 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 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 FOOT 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 FOOT 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
Page 8 0110
CAC)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION form No.710-010-54
UTILITY WORK AGREEMENT UTIL10/04
ITIES
(FOOT PARTICIPATING IN EXPENSE)
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 FOOT 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 Utilities Department
Engineering&Project Management Division
3339 Tamiami Trail East, Suite 303, Naples, FL 34112-5361
If to the FOOT:
M.Wayne Shelton, District Utility Administrator
Florida Department of Transportation-District One
801 N. Broadway Ave., Bartow FL, 33830
10. Certification
This document is a printout of an FOOT 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 Wa -Sewer District
BY: SSittnature) DATE:/0"1‘3'20
(Typed Name: Burt L.Saunders)
(Typed Title:Chairman Collier Co.BCC&CCWSD Gov. Board)
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FOOT Legal review
BY: (Signature) DATE:
ATTEST -�7
CRYSTAL K.KINZEL,CLERK P'°'9 0110
proved t fo a legality rnO
BY:
STATE OFaor+E DEP RTISENT OF TRANSPORTATION Form No.710.01054
UTILITY WORK AGREEMENT UT1LITFE�S
(FDOT PARTICIPATING IN EXPENSE)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name:John Kubler,P.E.)
(Typed Title:Director of Trans.ortation Development
FEDERAL HIGHWAY ADMINISTRATION(if applicable)
BY: DATE:
(Typed Name: NIA)
(Typed Title:NIA)
•
Pogo 10 of 10
C
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
UTILITIES
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS
(Appendix A of Assurances)
Financial Project ID:425843-2-56-12 Federal Project ID:0754-161-1
County: Collier State Road No.: 951
District Document No: 1
Utility Agency/Owner(UAO): Collier County Water-Sewer District
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"Requirements:The UAO will use domestic steel and/or iron products incorporated into
the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this
provision,"steel and/or iron products"means manufactured products that are predominately steel and/or iron products
and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal
Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United
States which have not undergone any manufacturing process outside of the United States that modified 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 and/or iron product is taken outside the United States for any manufacturing process,it
becomes foreign source steel and/or iron products.The UAO may incorporate into the finished work foreign source
steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1%of the total amount
of this Agreement,or$2,500.00 whichever is greater.The UAO will retain documentation verifying compliance with the
Buy America provision of this Agreement for a period of 3 years after final payment of the finished work.Upon request,
the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement.The
UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured
products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions
of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1%of the total amount of
the agreement between the Florida Department of Transportation and the UAO,or$2,500.00 whichever is greater."
(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.
710-010-68
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILMES
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Tam
(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.
II
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