HomeMy WebLinkAboutAgreement_General_12/09/2017 ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) o�n4
Financial Project ID:428718-1-52-05 Federal Project ID:4854-087-P
Financial Project ID:
Financial Project ID:
Financial Project ID:
County: Palm Beach State Road No.: 5
District Document No:
I Utility Agency/Owner(UAO):Village of Tequesta
THIS AGREEMENT,entered into this V� day of M A R C H ,year of 41'1,by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and
�Ilage of Tequesta, hereinafter referred to as the"UAO";
WITNESSETH:
WHEREAS,the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identfied below,hereinafter referred to as the"Facilities"(said term shall be deemed to include utilityfacilities
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, reconshucting, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail comdor
identified as US-1 from South of Beach Road to North of Countvline Road,State Road No.5,hereinafter refeRed to as
the"ProjecY'; and
WHEREAS,the Project requires minor modifications to the Facilities or the FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Woric,"and full plans and technical specifications for the Utility Work are not required; and
WHEREAS,the FDOT will perfortn the Utility Work as part of the Project; and
WHEREAS,the UAO,pursuant to the terms and conditions hereof,will bear certain costs associated witt�the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utiliry Work;
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the FDOT
and the UAO hereby agree as follows:
1. Perfortnance of Utility Work
a. The FDOT will include the Utility Work in its plans and specfications for the Project and will include
the Ufility Woric as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT,in
its discretion, deemed appropriate.
b. All location,protection,relocation,adjustment,or removal of the UAO's Faalities which is not listed in
Exhibit A shall be perfoRned pursuant to a separate agreement.
2. Cost of Utility Work
a. The UAO will,at least Thirtv(30)calendar days prior to the date on which the FDOT advertises the
Project for bids, pay the FDOT the amount of$ 19,432.00 for the cost of the Utility Work. Said
amount will be deposited into the State Transportation Trust Fund.
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' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ununes
(LUMP SUM) o�n4
b. The FDOT and the UAO adcnowledge and agree that the amount stated abave indudes an add�tionai
ten percerrt(1096)to co�rer the UAO's obiigation for the cost of the Util'ity Work as set forth in Section
337.403(1)(b),Florida Statutes.
c• Except for oosts associated with any changes or additbns to the UtiGty Work,the FDOT and the UAO
agree tt�t tl�e deposit shaN be an asset of tlie FDOT and that it constlh�tes a full and final lump sum
payme�t for the oost of the Utiity Work,without any requiremerrt for a subsequent accourrting for the
use of the deposit.
d. Pursuarrt fio Secdon 337.403(1 xb),Florida S�,no changes or additions fio the Utility Work v�ill be
made during the constnx�ion of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or addidons. To the exteM that the amourit stated in Subparagraph 2.a.abanre
exceeds the amourrt of the FDOT contracto�'s bid that applies to the Util'rty Work,such excess may
be appl'ied to cover the r.ost of the changes or additi�ons. Ail c�anges o�additions shail be subject to
the limitatbns on supplemental agreements and diange orders contained in S�tion 337.11(8),Fiorida
Statutes.
3. Defau
K
a. In the everrt that the UAO breaches any provision of this Agreement, then in addfion to any other
remedies which are othennrise provided for in this Aereemerrt,the FDOT may exer+cise one o�more of
the following options,provided that at no time shail the FDOT be eMitled to receive double rec�very of
damages:
(1) TeRninate this aqreement if the breach is material and has not been cured within 60
days from written notice the�eof from the FDOT.
(2) Pursue a daim for damages suffered by the FDOT.
(3) Suspend the issuance of further pertnits to the UAO for the placement of Faalibes on FDOT
propei'ty if the breach is material and has not been cured within 60 days from Hrtitten notice
, thereof from FDOT ur�til such time as the breach is cuted.
(4) Pursue any other r�emedies legally available.
(5) PerForm any wo�ic with ifs own fo�ces or through contractors and seek repayment for the cost
the�eof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breac�es any provision of this AAreemeM,then in addition to any other
remedies which are atherwise provided for in the AAreeme�,the UAO may exercise o�e or more of
the following options:
(1) Tertninabe this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the UAO.
(2) Pursus any other remedies legally available.
c. Termination of this Aereemerrt shall not relieve either party from any obligati�s it has pursuant to
other agreemeMs between the panies and from any statutory obligafions that either party may have
with regard to the subjed matte�hereof.
4. Indemnification
FOR GOVERNMENT-0WNED UTILITIES:
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' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION p�� 71����
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT uriunes
(LUMP SUM) o�i�a
To the extent provided by law,the UAO shall indemnify,defend, and hold harmless the FDOT and all of its
offic�rs,agents,and empbyees from any daim,los.s,damage,cost,charge,or expense arising art aF any acts,
adion,error,negled,or omission by the UAO,its agents,employees,or oorrtracbrs during the performance of
the Agreement,whether direct or indirect,and whether to any person or properly bo which FDOT or said paraes
may be subjed, except that neither the UAO, its agents, empbyees, or contracto�s will be liabie under this
secdon for damages arising out of the injury or damage to persons or property directy caused by or resulting
from the negligence of the FDOT or any of its afficers, agents,or empbyees during tlie pe�fortnance af this
Agreement.
When the FDOT receives a notioe of daim for damages that may have been caused by the UAO in the
performance of services required under this Agreement,the FDOT will immediately forvward the claim to the
UAO.The UAO and the FDOT wdl evaluate the daim and�eport their findings b each other within fourteen(14)
working days and w�l jointnr discuss options in defending the daim. After reviewing the Gaim,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 daim as described in this section. The FDOTs failure to notify the UAO of a claim
shall not release the UAO from any of th�requirements of this secaon. The FDOT andthe UAO wi0 pay their
own costs for the evaluation,settlement negotiations,and trial,if any. However,if only one party participates in
the defense of the daim at trial,that party is responsible for all costs.
FOR NON-GOVERNMENT-0WNED UTILITIES:
The UAO shall indemnify,defend,and hold harmless the FDOT and all of its officers,agents,and employees
from any daim, loss, damage, c�st, charge, or expense arising out of any acts, acaon, error, neglect, or
omission by the UAO,its agenls,employees,or contractors during the perfortnance of the Agreement,whether
dired or indired,and whethe�to any person or property to which FDOT o�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,agerrts,or employees during the performance of this Agreement.
The UAO's obligation to indemnify,defend,and pay for the defense or at the FDOTs 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 daim for indemnfica�on shaA be served by certfied 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 inabdity to evaluate liability or because the UAO evaluates liab�lity and determines the
UAO is not liable or determines the FDOT is solely negligen� Only a finai adjudication or judgment finding the
FDOT solely.negligent sha�excuse pertormance of this provision by the UAO. The UAO shall pay ail costs and
fees relafied bo this obligation and its enforcement by the FDOT. The FDOT's delay in notiying the UAO of a
daim shall not release UAO of the above duty to defend.
5. Force Majeure
Neither the U�40 nor the FDOT shall be liable to the other for any failure to perform under this AAreemerrt fio the
exteM such perfom�ance is preverrted by an act of God,war,riots,natural catastrophe,o�other event beyond
the oontrol of the non�-pertaming party and which could not have been avoided or overcome by the exercise of
due diligence;provided that the party daiming the excuse from perfortnance has(a)prompUy natified the other
party of the occurnence and its estimate duration, (b) promptly remedied or mipgated the effect of the
occurrence to tl�e extent possible,and(c)resumed performance as soon as possible.
6. Miscellaneous
a. To the Fac�ities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Acxommodadon Manual and the current utility
permit for the Facilities.
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• STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION F�� �����
UTIL.ITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ununes
(LUMP SUM) o�na
b. Pursuant to Section 287.058, Florida Sta�es,the FDOT may uniateraly cancc�ll this Agreement for
refusal by the UAO fio allow public access to all documents,papers,letters,or other materiai subjed to
the provisions of Chapter 119,Fbrida Sta�t�s,and made or rec�ived by the UAO in conjunction with
this Agreement
c. This AAreement constitutes the complete and final expression of the pardes with respedto the subject
matber hereof and supersedes all prior agreements, unde�ndings, or negotiations with respect
therefi�,except that the parties understand and agree that the FDOT has manuais and writben poGcies
and procedures whic�shall be applicable at the time af the Project and the rebcation of the Faci�ties
and exc�ept that the UAO and the FDOT may have entered into other agreemems forw�oric not induded
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, poliaes,
and procedures wiA be provided to the UAO upon request.
d. This Agreement shaA be govemed by the laws of the State of Fbrida. My provision hereof found�be
unlawful or une�orceable shall be severabie and shall not affect the validity of the remaining portions
hereof.
e. Time is of essence in the performance of all obligafions under this Agreemerrt.
f. AU notices required pursuant to the terms hereof may be sent by first dass Un'ited States Mail,
facsimile transmission,hand delivery,or express mail and shall be deemed to have been�eceived by
the end of fiv�e business days from the proper sending thereof unless proof of prior ar.tual receipt is
provided. The UAO shall have a continuing obligation to notiffy each Distrid of the FDOT of the
appropriate persons for notices to be sent pursuant to this P�reement. Uniess othervvise notified in
writing,notices shall be sent to the following addresses:
If to the UAO:
Sam He De Director of Utilities
136 B ' Road
T uesta FL 33469
SH uesta.o ; 561-722-1167
If to the FDOT:
Tim Brodc PE DisVict Udi' E ineer
3400 W.Commerc�al Bivd.
Fort Lauderd�ale FL 33309
Ten. dotstate.fl.us; 954-777-4125
T. Cerdficatbn
This document is a p�irmout of an FDOT iorm mairrtained in an electronic format and all revisions there�o bythe
UAiO in the form of additions,deletions,or substitutions are reflected ony in an Append'nc entitled CManges to
Fom�Document and no c�ange is made in the text of the document itsetf. Hand notations on affeded portions
of this documer�t may reier to changes reflected in the above-named Appendix but are for refenence purposes
me t
only and do not change the tem�s of the documerrt. By signing this document,the UAO hereby�n1s that
no change has been made to the te�ct of this documeM except through the terms of the append'a entitled
Changes tio Fortn Document"
You MUST signify by seleding or checking which of the folbwing applies:
❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Fortn
DocumenY is attached.
� No changes have been made to this Fortn Document,but changes are included on the attached Appendix
entided'Changes to Form Document"
��aore
. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn No.710-010-57
UTIL.ITY WORK BY HIGHWAY CONTRACTOR AGREEMENT ununes
(LUMP SUM) o�na
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. STATE OF FLORIDA DEPARI'AAENT OF TRANSPORTATION Form No.7'10.010.57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) o�i�4
IN WITNESS WHEREOF,the parties hereto have executed this Agreement eifective the day and year first written.
UTILITY: vllage of Tequesta
.
BY: Si n ure DATE• a—�5—��
(Typed Name: ('��D i�l� ( ��e n�-�"�
(Typed TiHe:� (Y� v r
Recommend Approval by the District Utility Office
BY: Si nature '� ��� � DATE•Z^`"� "� 7
FDOT Legal review
`� � �c-�.�-—.l � �' �
BY: Si nature !� DATE: ` ��-�i �
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: Si nature DATE: '3/6 /,
�� (Typed Name: Stacv Miller, PE1
(Typed Title: Director of Develoamentl
FEDERAL HIGHWAY ADMINISTRATION(if applicable)
BY� DATE:
(Typed Name: �
(Typed Title:�
Page 6 of 6
ATTACHMENTS
1. Appendix A of Assurances—Required Contract Provisions for Federal Aid Contracts
2. Exhibit A—Scope of Services
. 3TATE OF RORIDA D�ARTIiAENT OF TRANSPORTATION 710-010-08
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS 000.�e
(Appendix A of Assurances)
Financial Project ID:42871&1-52-05 Federal Project ID:4854-087-P
County: Palm Beach State Road No.: 5
Distrld Document No:
ut���ty�ency/owner(u�4o):v���age of Tequesta
During the perfomiance of this AAreement,the Utllity Aeency 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 wiil comply with the Regulations of the FLORIDA
DEPARTMENT OF TRANSPORTATION(hereinafber refemed to as the DEPARTMEN�relati�re bo nondiscximination
in Federaily-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regu�tions, Part 21, her+einafter
refeRed bo as the"Regulations"),which are he�+ein incorporated by reference and made a part of this contract.
(2) Nondiscrimination; The UAQ,with�egardtotheworic perforrned byit afGer award andpriorto oompletion
of the UAO work,wiil not discriminate on the ground of race,color or national origin in the selection and retention of
subcontractors,inGuding procuremerrt of materiais or leases of equipment The UAO will not participate either directiy
or indirectly in the discrimination prohibited by Section 21.5 of the Regulatior�s,induding empbymerrt pradices when the
coritract covers a program set forth in Appendix A&B of the Regulations.
(3) Solicitatio�s: In all solicitations either by competitive bidding or nego�ation made by the UAO for work to
be perfortned under a subcontract, induding procurement of materials and leases of equipment, each potential
subcontractor or suppiier shail be notified by the UAO of the UAO's obligations under this contract and the Regulations
relative to nond'�scrimination on the ground of race,color or national origin.
(4) "Buy Ame�ica"Material Certfication Requiremer�ts:The UAO will use steel and iron manufactured in
. the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. The UAO will
ensure that all manufacturing processe.s for this material occur in the United States. As used in this provision, a
manufaduring proc;ess is any process that modifies the chemical content, physical shape or s'ize, o�final finish of a
praiuct,beginning with the infial melfing and c�ntinuing through final shaping and coating.If a steel or iron product is
taken outside the United States for any manufaduring proc:ess,it bec�omes foreign source material.Foreign steel and
iron may be used when the actual cost of such foreign materials does not exceed 0.1°�af the total reimbursable amourrt
of this agreemeM.These requirements are applicable to all steel and iron materials incorporated into the flnished�nrork,
but are not applicable to sbeel and iron ibems that are not incorporated into the finished work.Prior to incorpora�ng the
materiai into the work, the UAO will provide the Fbrida Department of Transportation a certification from the
manufadurer of steel or iron,or any product containing steel or iron as a component,stating either.a)"that all steel or
iron fumished or incorporated ir�to the fumished product was manufactured in the United States'or,b)"that ali steel or
iron fumished or incorporated into the fumished product was manufactured in the United States except for minimal
quar�tifies af foreign steel and iron with an adual c:ost of$ "
(5) Ir�formadon and Reports: The UAO w�l provide all irifoRnation and reports�equrced by the Regulations,
or orders and instrudions issued pursuant theretio,and vWl peRnit access to its books,recoNs,accourris,a#her souroes
of infoRnation,and its faalfies as may be determined by the DEPARTMENT or the Federal Highway A�dministr�ation to
be perdnerrt to asc:ertain comptiance with such Regulations,orders and instructions. Wher+e any iriformation required af
the UAO is in the exclusive possession of another who fa�s or refuses to fumish this information,the U/�shail so
certify to the DEPARTMENT or the Federal Highway Administration as appropri�abe,and shall set forth what e�orts it has
made to obtain the information.
, STATE OF FI.ORIQA DEPARTAAENT OF TRAN3PORTATON T70-010-08
REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS ooc-a�e
(Appendix A of Assurances)
(6) Sanctlons for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination
provisions of paragraphs(1)through(4),the DEPARTMENT shali impose such contract sandions as it or the Federal
Highway Administration may determine to be appropriate, induding,but not lim'ited to:
(a) withholding of payments to the contrador under the Agreement until the UAO complies;andlor
(b) cancellation,termination or suspension of the AAreement,in whole or in part.
(7) Incorporation of Provisions: The UAO will include the provis'ans of paragraph (1) thrcwgh (6) in every
subcontract, induding procuremerrt of materia�and leases of equipment,unless exempt by the Regulations,order or
instructions issued pursuaM thereto. The UAO wili take such adion with respect to any subcontract, procurement or
lease as the DEPARTMENT or the Federal Highway Administration may direct as a means af enforcing such provisions
induding sandions for noncompGance; provided, however, that in the everrt the UAO beoomes inv�olved in, or is
threatened with,litigation with a subcontractor,supplier or lessor as a resutt of such diredion,the UAO may request the
State to e�er into such Ifigation to protect the interests of the State,and,in add'dion,the UAO may request the United
States to enter into such I'figation to protect the interests of the United States.
EXHIBIT A
Scope of Services 42871&1-52-05
The utility work to be perForm under this agreement consists of adjustment of water vaMes,water
meter boxes and relocation of fire hydrent.
Summary of Quantities
No. Item Description Unit Quantity
425-6 Ad'ust Water Valves Eq 40
425-6 Adjust Water Meter Boxes EA 2
Relocate Fire Hydrarrt Eq 1
COST ESTIMATE OF UTIUTY WORK TO BE PERFORMED BY FDOT CONTRACTOR
10/26/201
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 co
Relocate Fire HydraM Ea 1 $1,600.00 $1,600,00
25-6 Adjust Water Valves Ea 40 $375.00 $15,000.
25-6 Adjust Water Meter Boxes Ea 2 $375.00 $750.
ubtotal
$17,350.00
UWHCA REMS
Contigency(1096 of subtotal) LS 10% $1,735.00
CEI LS 2y6 $347 pp
Total Cost $19,432.00