CN-550000-ASZ80-W0010000.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

801 N. Broadway Avenue

Bartow, Fl. 33830-3809

JARED W. PERDUE, P.E.

SECRETARY

Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov

April 26, 2024

Approved Reimbursable Change Order Notice

Orlando Utilities Commission

Mr. Adonis Willis

6003 Pershing Avenue

Orlando, FL 32822

RE: FPID : 201214-8-52-01

UAO FPID : 201214-8-56-11

County : Polk

SR : 400

Description : I-4 (SR 400) WILDLIFE CROSSING EAST OF SR 33

Dear Mr. Willis:

The enclosed Reimbursable Change Order No. 1 to Orlando Utilities Commission Master Utility Work

Agreement has been approved by the Department. This project is scheduled to be let to construction on

August 28, 2024. You are advised to proceed with your utility work as depicted in the approved Utility

Work Schedule.

All relocation work must be performed in accordance with Department regulations. Final billing must be documented to support the actual work accomplished as specified by Department Procedure 710-

010-130 Utility Invoicing and or any supplemental revisions. All scrap materials will be subject to full salvage credit unless officially released by the Department.

All permits required for your agency to perform the relocation work included in your agency’s approved

UWS shall be obtained 30 days prior to your agency beginning the relocation work. All utility work listed as “prior to construction” on Section A and Section C of the approved Utility Work Schedule must be completed no later than November 26, 2024, subject to the events beyond the control of the UAO as stated in Section A of this Utility Work Schedule.

This work will need to be coordinated under the direction of the Department’s local Operations Center

Engineer and must be performed in accordance with Department regulations. The actual utility work time charges are to begin on or before the FDOT contractor’s first chargeable contract day and in conjunction with your approved utility work schedule.

DocuSign Envelope ID: 3BEFA7CD-39D8-48FB-9BCB-88F5F0800708

Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov

Any changes, revisions, deletions, or additions to the approved utility work schedule must be documented and approved by the Department.

If I can be of further assistance, please contact me at 863.519.2729 or by email mike.clark@dot.state.fl.us.

Sincerely, District One Utilities Office

For M. Wayne Shelton

District Utility Administrator

By: Mike Clark

Utility Coordinator

Enclosures on PSEE

Statutory Notice To Proceed Letter

Approved Utility Work Schedule

Approved Change Order cc: Doug Burkhart, P.E., Design Project Manager

Dave Panigrahi, P.E., Engineer of Record

Kevin Morrisey, P.E., Operations Construction Engineer

Frank Rodriguez, Operations Utility Construction Coordinator

Cyntrena Durant, Utility Invoice Manager

Thomas Pridgen, P.E., Utility Coordinator

Project File

Approved Reimbursable CO # 1 to UAO

Revised: 4-26-21 mike.clark@dot.state.fl.us

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

UTILITY WORK ORDER CHANGE NO. 1

Financial Project ID: 201214-8-56-11 Federal Project ID: N/A

County: Polk State Road No.: 400

District Document No: 1

Utility Agency/Owner (UAO): Orlando Utilities Commission

A.

1. The Agency is hereby authorized to observe the following changes in the plans and/or specifications to the subject Utility Agreement dated 03/20/1972. CO No. 1 to Orlando Utilities Commission Maste Utility Agreement for transmission relocation required to mitigate conflict within private easement within project FPID 201214-8-52-01. Such changes include the attached Appendix A incorporated by reference.

2. The items of work covered by this Work Order Change are referenced to an Agreement of record dated 03/20/1972, all the terms of the Agreement noted remain the same, and no Supplemental Agreement is required.

B.

1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as:

a.☐ ATTACHED.

b.☒ INCLUDED IN THE HIGHWAY CONTRACT PLANS.

2. The cost of this Utility Work is:

a.☐ NONREIMBURSABLE b.☒ REIMBURSABLE

(1) ☒ Force Account Method

(2) ☐ Lump Sum Method

(3) ☐ Third Party Contract Method

ESTIMATED COST OF WORK DUE TO THIS CHANGE:

WORK ELIMINATED (-) ADDITIONAL WORK (+)

ITEM NO. ITEM UNIT UNIT PRICE

QUANTITY AMOUNT QUANTITY AMOUNT

201214-8-56-11 UWE 03/18/2024 $1,990,000.00

Sub-Totals............................................................................................... $1,990,000.00

Net Cost of Construction Changes, this order......................................... $0.00

Cost of Construction Changes, previously ordered................................. $0.00

Net Total Cost Construction Changes to Date........................................ $0.00

Contract Amount...................................................................................... $1,990,000.00

C.

Estimated Cost of Work Authorized to Date............................................ $1,990,000.00

The terms of this Utility Work Order Change shall be binding upon the date of the last signature below:

Approved Date: Approved Date: Approved Date: Approved Date:

Signature: District Utility Coordinator

Signature: Utility Agency Representative

Signature: District Utility Engineer/Administrator

Signature: Division Administrator Federal Highway Administration

Mike Clark Naomi Tillett M Wayne Shelton N/A Typed Name Typed Name Typed Name Typed Name

DocuSign Envelope ID: 3B530D72-3BD2-40DE-A767-B4569466D720

04/19/2024 | 3:07 PM EDT 04/19/2024 | 3:32 PM EDT

04/26/2024 | 11:24 AM EDT

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

(Appendix A of Assurances)

710-010-08

UTILITIES

Financial Project ID: 201214-8-56-11 Federal Project ID: N/A

County: Polk State Road No.: 400

District Document No: 1

Utility Agency/Owner (UAO): Orlando Utilities Commission

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.

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REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

(Appendix A of Assurances)

710-010-08

UTILITIES

(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.

DocuSign Envelope ID: 3B530D72-3BD2-40DE-A767-B4569466D720DocuSign Envelope ID: 3BEFA7CD-39D8-48FB-9BCB-88F5F0800708

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

ASZ80

4/26/2024

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 4/26/2024

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55014010160

Expansion Option: MF

Object Code: 563000

Amount: $1,990,000.00

Financial Project: 20121485611

Work Activity (FCT): 216

CFDA:

Fiscal Year: 2024

Budget Entity: 55150200

Category/Category Year: 086100/24

Amendment ID: W001

Sequence: 00

User Assigned ID: 001

Enc Line (6s)/Status: 0001/04

Total Amount: $1,990,000.00

Contract: ASZ80

Contract Type: AE - UTILITIES RELOCATION (UTIL RELOC)

Vendor Name: ORLANDO UTILITIES COMMISSION

Vendor ID: F596000397028

Beginning Date of This Agreement: 04/25/2024

Ending Date of This Agreement: 04/25/2034

Contract Total/Budgetary Ceiling:

Method of Procurement: R - RAILROAD/UTILITIES AGREEMENT

Description: 201214-8-56-11 Orlando Utilities Commission Utility Relocation

Page1 of 1

To: Joseph.Glorioso@dot.state.fl.us

DocuSign Envelope ID: 3B530D72-3BD2-40DE-A767-B4569466D720

201214-8-56-11

Clark, Mike

From: Conway, Don

Sent: Wednesday, April 17, 2024 7:53 AM

To: Clark, Mike

Cc: Shelton, Wayne

Subject: FW: 201214-8 I-4 Wildlife Crossing OUC Relocation Reimbursement Request

Attachments: 201214-8-56-11 OUC Signed UWE.pdf; Wildlife Crossing Proposed Location.png; I-4

Wildlife_Profile_View.pdf; ROW Sht 40.pdf; ROW Sht 48.pdf; ROW Ownership.pdf;

201214-8 Marked Phase IV Plans.pdf

Mike, Per our discussion with Wayne yesterday, the utility work which according to the EOR is in conflict with the construction of the wildlife crossing, specifically regarding the two utility poles in Parcel 111 as well as two off-system poles, is reimbursable.

Thanks

Don Conway Senior Attorney Florida Department of Transportation Office of the General Counsel 801 N. Broadway Avenue Bartow, Florida 33830 Phone: (863) 519-2623

Contact me in Teams https://teams.microsoft.com/l/chat/0/0?users=don.conway@dot.state.fl.us

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you.

From: Clark, Mike <Mike.Clark@dot.state.fl.us> Sent: Monday, April 15, 2024 12:05 PM To: Conway, Don <Don.Conway@dot.state.fl.us> Cc: Shelton, Wayne <Wayne.Shelton@dot.state.fl.us> Subject: RE: 201214-8 I-4 Wildlife Crossing OUC Relocation Reimbursement Request

Don, As a result of our meeting, it is my understanding that Olando Utilities Commission (OUC) is compensable for their relocation work required by conflict within their easement. Please confirm.

DocuSign Envelope ID: 3B530D72-3BD2-40DE-A767-B4569466D720DocuSign Envelope ID: 3BEFA7CD-39D8-48FB-9BCB-88F5F0800708

Thanks

Mike Clark FDOT/Element Engineering Group Consultant Utility Coordinator FDOT District One Utilities (MS 1-11) 801 N. Broadway Ave.

Bartow, FL 33830

863.519.2729 (O)

727.543.6524 (C)

Helpful Links:

Instructions for setting up an ISA user account for UAO Representative Instructions to View current PSM schedules for multiple projects at once FDOT Utilities Home 5 Year Work Program

“ Be strong, but not rude; Be kind, but not weak; Be bold, but not bully; Be humble, but not timid; Be proud, but not arrogant. ” — Zig Ziglar

-----Original Appointment----- From: Clark, Mike Sent: Thursday, April 11, 2024 11:59 AM To: Clark, Mike; Conway, Don; Shelton, Wayne Subject: 201214-8 I-4 Wildlife Crossing OUC Relocation Reimbursement Request When: Monday, April 15, 2024 11:00 AM-12:00 PM (UTC-05:00) Eastern Time (US & Canada).

Where: Microsoft Teams Meeting

The purpose of this meeting is to review for legal concurrence OUC’s request for compensation for relocation required by conflict within their easement.

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