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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_02/09/2017 l� i ",F �' �3i P Comprehensive Analysis Utilities Department To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 11 / 16/16 Subject: Utility Adjustment on SR 5 I US-1 I respectfully present the following Comprehensive Analysis to the Village Manager. The Florida Department of Transportation (FDOT) is proposing to improve a section of the highway system from Beach Rd. to County Line Rd. on State Road 5/ US-l. The Village of Tequesta desires to enter into a"Utility Work by Highway Contractor" Agreement with FDOT to allow FDOT contractors to perform utility relocation work at the Village's expense. The Village of Tequesta has received an estimated cost from the Florida Department of Transportation for the utility relocation work. Estimated Cost: $19,432.00 . RESOLUTION 03-17 � . • .. . � :_ A RESOI�UTION, OF:THE:VII�LAGE COUNCII: OF THE VII.LAGE OF . TEQUESTA,.FLORIDA, AUTHORIZING.THE MAYOR OF TEQUESTA . TO: EXECUTE THE "UTILITY.WORK BY HIGHWAY CONTRACTOR� - � AGREEMENT" WITH THE STATE OF FLORIDA DEPARTMENT OF ' TRANSPORTATION. YN THE' AMOUNT OF $19,432.00 REGARDING. CERTAIN� . UTILITY CONFLICT RELOCATION ACTIVI'TIES IN CONJUNCTION � WITH THE CURRENT U:S. HIGHWAY ONE ' RECONFIGURATION � -PROJECT : BETWEEN � ALTERNATE . . . -.. .. _ . AlA/BEACH ROAD AND . COUNTY LINE ROAD; 'PROVIDING AN ' � -EFFECTIVE DATE, AND FOR OTHER PURPOSES. ' WHEREAS, the Village of Tequesta, Elorida, is a full-service municipality located in . northem Palm Beach County; and _ . - . . -. . WHEREAS; the funding has been allocated in the 2017 Budget.for this project; and . : � WHEREAS; U.S. .Highway Qne. (LT$1) is a roadway controlled by the Florida - � , Department of Transportation that traverses the Village of Tequesta from nortli to south, connecting the Town of Jupiter: to the south and unincorpoxated:lVIartin County to the: north; and� . .. ` WHEREAS; the �Florida Department of Transportation�is currently developing plans �to resurface and.restripe LTS1, from Alternate AIABeach Road.to.County Line Road as part of.its reguiaz'long-term maintenance program (see Exhibit 1); anii . �. � WHEREAS; US 1 is currently configured as a six-lane facility, with a: posted speed limiY � . . of 45 miles .per hour, without bicycle facilities or right-hand turn-lanes, and with multiple � driveways that provide access to Village of Tequesta. businesses and destinations; and WHEREAS a reconfiguration of US 1. to a facility with four "through":lanes. for vehicles with designated bicycle/tuming lanes would provide safer access to Tequesta businesses and � destinations as well as safer accommodations for cyclists; and . WHEREAS,� a reconfigured US1 would allow the. opportunity for beautification to improve ttie appearance of the coriidor through the.Village of Tequesta;. and - WHEREAS, the Florida Deparnnent of . Transportation has developed a"Lane. Elimination Program" to enable municipalities to request roadways such as US 1 be reconfigured � with fewer "through'' lanes and the re=use of addifional lanes for designated bicycle/turning lanes; and � � WHEREAS, certain utility facilities located within the. US 1 reconfiguration area are in conflict with the reconfiguration project and will.require relocation; ,and " ; , �HEREAS, the Village Council desires to enter into a"LTtility Work by Highway -� . Contractor Agreement" with FDOT to a11ow FDOT contractors to perform said utility relocation � . . , . ... . . . . . . work at the Village's expense as. specified herein. ., . _ - � . . . . � . . . .. . . . � - NO�V, THEREFORE; BE TT RESOLVED BY THE VILLAGE� COUNCIL OF.THE _ , VII:.LAGE OF TEQUESTA; FLORIDA THAT: �. . . , . � _... , . Section 1: The foregoing iecitals are hereby:ratified and confirmed as b'eing t�ue and conect and aaze.hereby made a specific part of this �Resolution.. . .. � Section 2:. � The Mayor-of .Tequesta is: hereby authorized t.o execute the "Utility: Work by Highway Contiactor Agreement" #o a11ow EDOT contractors to perform utility ielocation work at �� the Village's expense as specified herein. . . � - .. Section 3: The Village Clerk is directed, to proyide, a copy of this Resoiution to the _Treasure . Coast Regional Planning Council and tlie Florida"Department of.Transportation. � Section 4: This Resolution shall become �effective immediately upon adoption. � � � STATE OF FLORIDA DEPARTMENT'OF TRANSPORTATION Fomi No: 710.010-57 . � � UTILITY;WORK� BY.HIGHWAY. CONTRACTOR AGREEMENT .� u T1UTIES . _ � . . � (LUMP.SUM). . o�na . .. ... . . _ ... . ... _ . Financial Pcoject ID: 428718-1-52-OS . Federal Project.ID: 4854-087-P �. .. � . . .. . . Finencial Project ID: . Financial Project ID: . . � .� . Financial Project ID: . � � : � - County: Palm Beach . � $tate Road No.: 5� � Disfirict Document No: ' - . . � � . . . . .... :.... . :.:. ... Utilify Agency/Owner (UAO): Village of Tequesta � � � THIS AGREEMENT, entered into this day of. - ; year of _� , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred �to as, tiie �"FDOT," and �Ilage of Tequesta, hereinaffer �referred to as the "UAO' ; � � . ' �WITNESSETH: - . . .WHEREAS; the UAO owns certain.utility.facilities which are located on.the pu6lic road oc publicly owned rail oorridor identified below, tiereinafter referred to the "Facilities" (said term sfiall be deemed to include u6lity facilities , as the same may be relocated, adjusted, or placed out of ser4ice); and � �� � WHEREAS, the FDOT, is currently engaging'in. a project which involves constructing, reconstructing;.or othe�wise ch.�nging a public r.oad and ottier improvements located on a public road or.publicly_ owned rail comdor identrfied as US-1 �from'South of Beach Road to North of Countyline Road, State Road,No. 5, hereinafter referred fo:as , _ , . the."Project';.a�d . . . � � �.. �. WHEREAS, the Project requires minor mod�cations to the�Facilitiesor the FDOT's design more particula�ly � described�in�Exliibit A attached.hereto and by this-reference�made a part hereof, heceinafter refeRed.to-as °Utility Work," and full plans and.technical specifications forthe UtilityWork are.not required;:and .. .. '� WHEREAS, the FDOT wilf perForm the Utility Work as part of the Project; and . WHEREAS, the UAO; pursuant to the terms and conditions hereof bear certain costs associated with the Utility Work; and . - WHEREAS, the FDOT and the UAO desire .to enter into an agreement which establishes the terms a�d condi6ons applicable to the.Utility Work; � ' �.. � NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and tFie UAO hereby agree as follows: • � . 1. Performance of Utility Work. . . a. .The FDOT.will�include the Utility Work in`its.plans and specificafions for the Project and�will include . the Utility Work as part of the FDOT's construction of the Project. The pceparation of the.plans and speciFications and the construction of.the Project will be perFormed in such manner as fhe FDOT,.in its discretion,: deemed appropriate. , b. All location, protection, relocation, adjustment, or removaF of the UAO's Facili#ies which is not listed in Exhibit A�shall be pe�Formed pursuant to a separate agreement. � 2. Cost .of Util'ity Worlc a. The UAO will, at least Thirtv 30) calendar days prior to the date on which the FDOT adyertises the Project for tiids, pay the FDOT the amount of $_ 19.432.00 .for the cost of the U61ity Work. Said amount�will be deposited into the State Transportation Trust Funcl. ' Page 1 of 6 � STATE OF FLORIDA DEPARTMENTOF TRANSPORTATION Fomi No. 710-010-57 ' UTILITY�WORK BY HIGHWAY C.ONTRACTOR AGREEMENT tiTi�Ries . � � �LUMP.SUM).. o7l�a.. . ��. . . � , . .� b. �� The FDOT: and the UAO acknowledge and agree:that the amount stated above includes an additional , ten percent (10%) to cover the UA0's obligation for the cosf of the Ufility Work assef forth in Section . . 337.403(1)(b), _Florida Statutes. . . � c: F�tcept for costs associated witFi any changes.or additions to the Utility Work; ttie FDOT and the UAO ' . . agree that #he depo.sit shall, be. an asset of the FDOT aod that it constitutes a f.ull and fnal.lump sum payment for the cost of the Ufility Work, without any requirement for a subsequent accounting for the use of the deposit. � . � d.. � " Pursuant fo Section 337.403(9 )(b), Florida Statutes, no changes or additions to the Utility Work will be .. made during the:constn�ction of-the P_roject unless the UAO has: made an. additiona_I deposit_to cover . the. oost of the cFiahges or additions. To.the extent ttiat the amount stated in Subparagraph'2.a. above � , �exceeds the amount of the�FDOT contractor's bid.fhat �applies #o the Utility Work, �such excess may . be applied to cove� the cost of the changes or additions. All. chariges or aciditions shall be subject to tFie limitations;on supplemental agreemenfs and change orders contained in Section 337.11.(8), Florida - .. Statutes.. . . ... , - .. . 3. Default _ . _ _ - . a. �In..the evenfithat the UAO�breaches any provision.of this l�qreement, then in addition to. any-other . remedies which are othervirise provided for in this Aqreement, the FDOT� may exercise one or more of �ttie follouving options, provided that at no time sfiall the.FDOT be entitled to receive double recovery of . � , . .. . .. ..damages: ; � : :. (1) Tertninate this Agreement if the breach. is: material and has not been cured.within 60 . . ' days from written=notice thereof from.the FDOT. .' ' . - - � . .. � (2) .� Pursue a claim for damages suffered by the FDOT. � � � (3)' Suspend the issuance of further_ peqnits to the UAO for the placenient of�Facilities on FDOT .. ; . property.if the breach is material..and has.not_been cured within 60, days from written nofice, ,thereof from FDOT until-such time as the. breach is cured. (4) Pursue any other remedies legally available. - (5) , Perf'orm anywork with its own forces orthrough contractors and seek repayment for the cost thereof unde� Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any pcovision :of this Agreement, then in addition :to a�y other remedies which are otherwise provided for ih the Agreement,�the UAO may exercise o�e or more of • the following options: r �(1) Temi'inate this /�qreement if the.b�eacli is material and has not been cured within 6U days � from viiiitten notice thereof from the UAO. � � (2) Pursue any othec remedies legally available. � c. Termina6on of this ./�greement shall not relieve either party.from any obligations it has pursuant to other agreements beiween ttie parties and from any statutory obligations that either party may�have � . with regard to�the subject matter hereof: 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: � Page 2 of 6 I � � STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn No. 710-010.57 - UTILITY WORK-BY HIGHWAY CONTRACTOR AGREEMENT `.urt�mES . . (LUMP SUM) . . oil�a . 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 erro�; neglect, or omission by the UAO, its agents, employees, or contractors during the �perFomiance`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 fordamages arising out of�the 'injury ordamage to persons or property direcfly caused by.or resuifing from the negligence of the.FDOT or any of its officers; agents, or employees during the pe�formance of tFiis Agreement. . � �When the FDOT receives. a notice of claim for damages� that may haye been caused by the; UAO in the pertormance of seivices required under this Agreement, #he.FDOT.will i[nmediately forward the claim to tF�e. .. UAO: The.UAO and .the FDOT will evaluate the claim and re�rt their findings to each otherwrithin fourteen (14) working days and will jointly discuss options in defending the claim; Afte� reviewing ttie claim; #he FDOT vuill � detennine�whetfier to require the pa�ticipation. of.the� UAO in the defense of the claim or to require the UAO to - defend the`FDOT in such cla'im as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any 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 clairri. at trial,.tliat paity is responsible for-all costs.. .. . �. .' FOR NON�OVERNMENT-OWNED UTIUTIES: The UAO shall indernnify; �defend, .and hold harmless'the FDOT and all of its officers agents, and employees , from any claim, loss 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 direct or indirect, and whether to a�ny person or property to which FDOT or said parties may be�subject; except- . � that neithe� the.UAO, its agents; employees or contractors will be liable under this section for damages ari5ing ..� out of ttie injury or.damage to.persons or property directly caused by or:resulting from the'negligence of ttie �� FDOT or any of its office�s agents, or employees during the pertormance 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 FD.OT in the defense and trial of any damage clairri or suit and any relatecJ 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.fo� 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 detennines the FDOT is solely negligent. Only a final adjudication or judgmentfinding the FDOT solely negligentshall excuse performance of this provision by the.UAO.- The:UAO shatl 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 the above duty to � 5. Force Majeure . Neitherthe UAO northe FDOT shall be liable to the otherfor anyfailure to pertorm under-thisAgreementtb the � extent such pe�fortnance 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 nofified the otfier , party of the �occunence and its estimate duration, (li) promptly re`medied or mitigated 'the effect of. the � occurrence fo the extent and (c) resumed performance as soon as possible. 6. Miscellaneous � � a. To the Facilities shall a# all times remain the property of.and be praperly protected and maintained by the UAO in accordance with the then current Utility. Accommodation Manual and the current utility permit #or the Facilities. Page 3 of 6 . STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION Form No: 710-010-57 � UTILITY UVORK BY-HIGHWAY CONTRACTOR AGREEMENT .`�, uri�iriES - .... _ , . � �LUMP SUM) , :, . :.. . . . . �on�4. ., b: Pursuant to Section 287.058; Florida Statutes; the FDOT may unilaterally cancel this Agreement for' � refusal by the UA0 to allow public access to all tlocuments, pape�s letters, orother material subjectto - ; � - - . .., . the provisions of Chapter 1:19, Florida�Statutes, made o'r received bythe UAO in.conjunction with . .. _ � . this`Agreement:. � " . . . _ . `� c: This Agreement.constitutesthe complete and final•expression of the parties with respectfo'the subject . . .. �matter hereof and, supersedes. all prior agreements, undecstandings, or negotiations, with respect ' thereto, exeept that the paities undersfand and agree that the FDOT has. manuais and wcitten policies • � and, procedures which shall be� applicable at the time .of the Project and the reloca6on of the Facilities . : �and except that the UAO and the FDOT may have entered into otheragreements forwork not induded -. � in.Exhibit.Afor Facilities�located witliin the limits of the Project:. Copies of FDOT manual.s; policies,._ � ,_.. : � and procedures will be provided to the UAO upon request. .: `. � � �. d. � This Agreement shall be governed 6y.the laws of #he State�of Florida. Any provision hereof found to be .:� unlawful or unenforceable shall be severable and shall not affect the validitjr afthe remaining portions . hereof: . : ..'. _ . e.__ Time,is of essence in the��performance �of. all ob�igations under this Agreemen�� � f_ All .notices �required pursuant�.to. the terms hereof may: be senf by. first: class United.�States Mail; . , �.� �facsimile 4ransmission, hand delivery, _orexpress mail and shall.be:deemed,to have been received by ' �, the end of five business.days �from #he proper sending thereof unless proof of prior actual receipt is -. � p�ovided: Tlie UAO shall liave a"continuing obligation. to notify each District of �ttie FDOT of.�the, �' .. . �� � appropriate persons for notices .to be sent pursuant this Agreement: Unless.otherwise nofified.in . writing, notices shall be senf to the following addresses:� � •, � . ._ . . , ,. . . ...If to the UAO: .. . �. . . _ . . _ .. . Sam Head .; De u Di[ector of Utilities �. �. =�36�Brid e Road . � . : , _ . . , . � . . � . .. � T uesta,: FL 33469 . . . _ . . . . . � . . . : . . . F. . SHead te_ uesta.or ; : .561-722-1.167 - . ` . . . - . . ,. . .. . If to the FDOT: , Tim Brock, PE, District` Util' En ineer � � 34UO VII. Commercial. Blvd. . . . . . � . . � Fort Laucierdale,�FL 33309 - � � _ . Tim.Brock dot.state:fl:us; .954-77T.-4125 . ` � � . 7. Certification � . � ` , .. This document is a printout nfan FDOT form rriaintained in an electronic format and alf revisions ther+eto by#he UAO in the form of additions, deletions, or substitutions.are. reflected onlyirra.n Ap.pendix entitled°Changes to Form Documenfiand.no change is.made in the.text of.the .document'itself. Hand notations onaffected.portions � . of this document may refec to changes reflected in fhe 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 documsnt except thiough the temis of the appendix entitled , Chan"ges to Form Document:" � , � � - � � � � ._ You MUST signify by selecting or checking which of the following applies: . 0� No changes have been made to this Form Document and no Appendix enfitled °Changes to Form Document" i's attached. � " " - � No changes have fieen made to this Form Document, but changes are included on the:attached Append'a entitled "Changes to Form Document." - : Page 4 of 6. . : STATE OF FLaRIDA DEPARTMENT OF TRANSPORTATIOW Fortn No. 710-010-57 UTILITY WORK BY HIGHWAY C.ONTRACTOR im�mEs ' (LUMP SUM) o�na Page 5 of 6 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 IJTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT uriuTiEs (LUMP SUM) � o7i�4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.effective the day and year first written. UTILITY: Uillage of Tequesta BY: . (Si4naturel . - DATE:. . (Typed: Name: � � , (Tj►ped Title: __) Recommend App�oval.by the. District Utility Office �Y: (Siqnature) DATE: FDOT Legal redieuv BY: (Siqnature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSpORTAl'ION BY: (Siqnaturel . DATE: {Typed Name: Stacv 11Ailler. PE) (Typed Title: Director.of.Develoament) _ FEDERAL HIGHWAY ADMINISTRATION (if applicable) � BY� � DATE: (Typed Name: ) (Typed Title: � Page 6 of 6 _ : � ! , i ATTACH Mf NTS 1. Appendix A.of Assurances — Required Contract Provisions for Federal Aid Contracts 2: Exhibit A— Scope of Senrices _ i I I . STATE OF.FLORIDA DEPARTMENT OF TRANSPORTATION ����� REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS ac�ao�z� s . . . ' (Appendix A of Assu�ances).. . . Financial�Project ID: 428718-1-52-05 Federal Project ID: 4854-087-P � County: Palm� Beach � . . : $tate Road:No:: 5 . . . � _ _ District Document No: � . � . . � . . . .. . � Utility AgencylOwner (UAO): Village of Tequesta: : . 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 � . The UAO. will �.comply, with . the Regufations of the FLORIDA - I � DEPARTMENT_OF TRANSPORTATION �(hereinafte� referred,to as the DEPARTMENT) relative.to .n.ondiscrimination ' . in.Federall�assisted.programs of'the DEPARTMENT (Title.49,.Code:of�Federal Regulations,.Part 21, hereinafter referted to,as the. "Regulafions°); which are herein incorporated by reference and .mad.e a�part of this c�ntract. �(2) Nondiscrimination: � The UAO, with rega�d to the work performecl by it after award and prior to comple6on . of #he UAO work, will not�discriminate.on the ground of race, color.o� national origin in �the.selection and retention.of , subcontractors; including procurement of materials_or leases of equipment.: The UAO will not participafe either directly or indirecdy in the discrimina6ort prohibited by Section 21.5 of the Regulations, including employmentpractices when the . contract covers a program set fortf� in Appendix A& B of #he .Regulations. . �, (3) Solicitat+ons: In all solicitations either by competitive bidding:or negotiation made by the UAO forwork to � be performed under a subcontract; ineluding. procurement of materials and leases of equipment, �each potential • subcohtractor or supplier shall be�notified by the UAO of the UAO's otiligations under this con#ract and the Regulations relafive to nondiscrimination on the ground of race; color or national origin; ' (4) - "Buy America" Material Certfication Requirements: The UAO will use steel and iron manufactured in , �. .. the,United.States, in accofdance with ttie Buy America provisions of 23 GER�635.41.O,.as amended. The.UAO will ensure that all:manufacturing,processes for-this material occur in.the.United States. As used�in this provision, a � ; manufacturing process.is any proeess�that modifies the chemical content ptiysical_ shape or size o,r final, ,finish of a.. product, beginning with the initial. melting and continuing .fhrough final shaping and coating..lf a steel or iron product is .. taken outside.tf�e' United States for any.manufacturing process; it becomes foreign sou.�ce material.. Foreign steel and iron may be used when the ac#ual cost of such foreign materials does not exceed 0.1 % of the total reimbursable amount . of this:agreement: These requirements are applicable to all steel and iron maferials�incorporatecJ into the finished work, but ake not applicable to sfeel and iron items that.are not incorporated into th�e.finished wo�k. Prior to incorporafing the material into the work, -the UAO will provide the Florida Department of Transportation a certification from the _ manufacturer of steel or iron,� or any product containing steel o� iron as a component, 'stating either: a)"that all steel or - iron fumished or incorporated�into the fumished product was manufactured in the United States° or b) "that all.steel:or iron fumished or incorporated into the furnished product was manufactured in the United States except for minimal " � quantities of foreign steel and iron with.an actual�cosf of $ " � . (5) Information and Reports: The UAO will.provide all information and reports required by the� Regulations, or orders and instructions issued pursuant thereto, and will permit access,to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Fedecal Highway Administration to be pertinent #o ascertain corripliance with such Regulations, orders and instnactions. W here any information required of the UAO is in tFie.exclusive possession of another who fails or refuses to fiurnish this information, the UAO shall certify;to tF�e DEPARTMENT or the federal.Highway Administcation as appropriate, and shall set forth what effoits.it has made to obtain the information. I �- - STATE OF.FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-OB � UTILITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OGC-07J76 � (Rppendix A of Assurances) . (6) Sanctions for Noncompliance: In the event of the UAO's� noncompliance with the. nondiscrimination , proyisions of. paragraphs .(1 through ,(4), the DEPARTMENT shall impose such contract sanctions as it or the Federal . Highuvay Administration may iietermine to be appropriate,. including, but not limited to:: ' : � � : :(a) withholding of payments to the contractor under the Agreemenf until the UAO complies; and/or . �:(b) .cancellation; termiriation 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 subcoritract, inclucJing procurement of materials and leases of equipment, unless exempt by the Regulafions, order or instructions issued pursuant,thereto: The UAO will take such. action with respect to any. subcontract; procurement.or lease as the DEPARTMEiVT or the Federal Highway Administration may direct as a means bf 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 reguest the � 3tate to enter into such litigation to. p[otect 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 tFie United States. . . .� . .. . . . : � � .. � � . I � ' � , , . . . EXHIBIT A � � . . � � Scope of Services 428718-1-52-05 � . . �. ._ : . . � The utility work to. be. �perform unde� this agceement consists of adjustment of water valves, water �.. meter boxes and �relocation of fire hydrant: . � Summary of �Quantities _ � . No.. : , Item.Description. ` . � . . . � . . Unit� : Quantity. 425-6 � Adjust�WaterValves - � � �: . � EA 40 . 425=6: Adjust Water Meter Boxes .: ` � � EA 2� � . .. . . . , Reloca#e:Fire. Hydrant , EA . . 1 : : . _ : COST ESTIMATE OF UTILITY WORK TO BE PERFORMED BY FDOT COIVTRACTOR � 10/26/2016 FPID # 428718-1-52-01 , Federal Project ID# 4854-087-P SR-5 South of Beach Road to North of County Line Road . . . . .. . . ... .. . .. ... Item No. Description Unit Quantity Unit Cost - Total cost � Relocate Fire:Hydrant Ea 1 $1,600.00 $1,600.00 25-6. Acljust Water Valves Ea 40 $375.00 $15,000.00 25=6 Adjust Water Meter Boxes Ea 2 $375.00 $750.00 ' Subtotal - $17,350.00 UWHCA ITEMS Contigency (1090 ofsubtotal) LS 10% $1,735.00 CEI LS 2� $347:U0 Total.Cost $19,432.U0 . .