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HomeMy WebLinkAboutCity of Tamarac Resolution (39)Temp. Reso. #9660 January 16, 2002 1 Revision 1, February 4, 2002 Revision 2, February 8, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-39 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE RELOCATION OF UNDERGROUND UTILITY TO ELIMINATE CONFLICTS ALONG COMMERCIAL BOULEVARD FROM FLORIDA'S TURNPIKE TO NW 31STAVENUE FOR ATOTAL CONTRACT AMOUNT OF $116,840; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES ACCOUNTS INCLUDING THE APPROPRIATION OF $116,840 FROM RETAINED EARNINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, State of Florida Department of Transportation will be undertaking the Commercial Boulevard Improvements Project from Florida's Turnpike to NW 31 st Avenue (a copy of which is attached as shown in map form as "Exhibit 1"); and WHEREAS, City of Tamarac owns and operates existing water and wastewater utilities that are within the road construction area and are in conflict with signalization and lighting poles proposed for the Commercial Boulevard improvements; and I�1 Temp. Reso. #9660 January 16, 2002 2 Revision 1, February 4, 2002 Revision 2, February 8, 2002 WHEREAS, State of Florida requested that the City relocate its active utilities that lie within the construction boundaries of the project in accordance with State of Florida Department of Transportation standards and under the provisions of Florida Statutes 337.403 and 337.404; and WHEREAS, the State gave the City the option of using the State's contractor or provide another contractor to resolve the conflicts that the City's utilities pose with the proposed improvements located within the Commercial Boulevard construction area; and WHEREAS, it is advantageous and beneficial to execute an agreement between the City and the State to allow the relocation of City utilities that interfere with the proposed road improvements by the State's contractor; and WHEREAS, the City of Tamarac is funding the utility relocation work to be done by the state's contractor pursuant to the terms of the agreement. WHEREAS, it is the recommendation of the Director of Utilities that this agreement to resolve conflicts associated with the Commercial Boulevard Improvements Project be approved, executed and funded; and 1 Temp. Reso. #9660 January 16, 2002 3 Revision 1, February 4, 2002 Revision 2, February 8, 2002 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute an agreement between the State of Florida and the City of Tamarac for funding the resolution of underground utility conflicts along Commercial Boulevard from Florida's Turnpike to NW 31 st Avenue and forward it for execution by the appropriate officials of the State of Florida Department of Transportation and provide for the funding of the agreement in the amount of $116,840 with the appropriation of funds from Retained Earnings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the State of Florida Department of Transportation Utility Work by Highway Contractor Agreement (at Utility Expense) (a copy of which is attached hereto as "Exhibit 2") and forward it for execution by the appropriate officials of the State of Florida Department of Transportation. it Temp. Reso. #9660 January 16, 2002 4 Revision 1, February 4, 2002 Revision 2, February 8, 2002 SECTION 3: The funding of the Agreement with a budget appropriation in the amount of $116,840 from Retained Earnings to the Utilities Operating Fund account entitled, "Commercial Boulevard Utility Conflicts" is hereby approved for correct accounting purposes. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clauses, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. #9660 January 16, 2002 5 Revision 1, February 4, 2002 Revision 2, February 8, 2002 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 13th day of February, 2002. ATTEST MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCfiELL. KR,(F CITY AT O RXEY RG/TR/mg 1 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayer DIST 1: COMM. PORTNER Ayei DIST 2: COMM. MISHKIN Ave, DIST 3: V/M SULTANOF AbHAjt DIST 4: COMM. ROBERTS Aye, EXHIBIT 1 TEMP. RESO. # 9660 3AV 16 MN HidON z r10 J ¢ E- w W > a J J -- a F m z a ¢ _i' Y f-y O OD U U W 0 b fa z Q J AY LE ru, dm 51703 )WE 3SWX: W IS 33V L31 S ¢ P1 AS3 y (L -ad -is) L 'ad 'is aff in I IT103Hwis � Tot+ S fl vLvti vzrb y � V fiy 1 mod' 3v 3MS3 M oan .2w cv)AV It z ` W ae 2m7R mJY'ISI � b J $1�' VA of N P1 ® Z H AY Ef W 4 AY Ef y tIIl Ef iIIL Ei V P 7131 Ef AV O tl ri L31 ri u ^ y AY i ri W i r i r + + r r y c3 + + W Ne i !6 Q W i i i r kq 7b ♦ fU AV + + x W + 48 W lm U r-131 ♦ ¢ + + i r + - + + • + r + r'A A ri C0M_B V D_TR&LP_IMPRO V •DWG COMMERCIAL BOULEVARD PROJECT AGREEMENT FROM FLORIDA'S TURNPIKE TO NW 31 AVENUE The following "Utility Work by Highway Contractor Agreement" was approved by the City Commission on February 13, 2002 and send to the FDOT for signatures. This document has only been signed by the City Officers. Please refer to the final version to follow immediately after this one. "EXHIBIT 2" STATE OF FCORIDA DEPARTMENT OF TRANSPORTATION 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILMES 10101 (AT UTILITY EXPENSE) Page 1 of 8 Financial Project ID: 228174-1-52-01 Federal Project ID: NiA Work Program Item No. (old): 4111039 County/Section No: Broward / 52 State Job No. (old). 86014-3518 District Document No: N!A THIS AGREEMENT, entered into this 1J day of F? bi,-(LA4-U , year of 200 22- , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and the City of Tamarac , hereinafter referred to as the "UAO"; WITNESSETH WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Commercial Blvd (from Florida's Turnpike to N.W. 31 Av) State Road No.: 870 , hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); 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 FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before March 15 , year of 2002 . b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. 710-010.22 vriLmes 10/01 Pape 2 of 9 UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Final Engineering Plans Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed x pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Overhead Electric Utilities These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. 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: See Attached Utility Permit Application (Note: It is the intent of this line to allow either attachment of or separate rererence ra me Neiifff11. 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 14 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. 7,o-o,o-zz UTTUTIES 10101 Pape 7 ol 8 The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in acccrdance with the Plans Package except for the following activities: Road Construction and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. e.. the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer 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 Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. 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 4.a. b. The initial estimate of the cost of the Utility Work is $116 , 840.00 At such time as the FDOT prepares its official estimate. the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Suboaraoraoh 2. d. hereof. (14 )calendar days prior to the date on which the FDOT advertises C. At least fourteen the Project for bids. the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the "Contingency Fund"). d. Payment of the funds pursuant to this paragraph will be made (choose one): Qx directly to the FDOT for deposit. as provided in the attached Memorandum of Agreement between the UAO, the FDOT, and the sits of less than S100,000 to be escrowleddmusstt b pre -approved Division ved by the Departmefnt ofalnsuranDce and FDOT Compt of err'ss Officce prior to execution of this agreement. 710-010-22 UTILMES 10101 Pape 4 of B e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from -the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a.. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will 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. 710.010.22 UTILITIES 1W1 Pape 5 of 8 In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT 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 FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment requited) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT 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 the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 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 of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the 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 FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. 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. 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. 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 or discharging 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 sixty (60) days from written notice thereof from FDOT. 2. Pursue a claim for damages suffered by the FDOT or the public. 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. 710-010.22 UTILITIES 10/01 Pape 6 of 8 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 sixty (60) days from written notice thereof from FDOT. 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. 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 sixty (60) days from written notice thereof from the UAO. 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 nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure 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 parry 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. Indemnification FOR GOVERNMENT -OWNED UTILITIES, 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, 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. When the FDOT 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 FDOT will immediately forward the claim to the UAO. The UAO and the FDOT 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 FDOT's failure to notify the UAO of a claim shall not release the UAO from any of 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 claim at trial, that party is responsible for all costs. 710.01 a22 UTILMEs 10/01 Pape 7 oI B FOR NON -GOVERNMENT -OWNED UTILITIES, 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, 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 LIAO 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 FDOT 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. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT 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 may be applicable at the time of the Project and the relocation of the Facilities. 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 portions hereof. f. 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 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 FDOT 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: With copy to: Jeffre L. Miller, City Manager Mitchell Kraft, City Attorne 7525 NW 88 Avenue 7525 NW 88 Avenue Tamarac. Florida 33321-2401 Tama rac-1o�ida 33321-2401 If to the FDOT. 1. Alaa El Ahlawagy, Resident Engineer 9th Avenue t Lauderdale, 710.010-22 UTILMES 1=1 Papa 8 of 8 10. Certification This document is a printout of an FDOT 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 Forms Document and no Appendix entitled "Changes To Form Document" is attached. O No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Tamarac BY: (Signature) (Typed Name Joe Schreiber (Typed Title: Mayor Recommend Approval by the District Utility Office BY: (Signature) FDOT Legal Review BY: (Signature) District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: Rocky DePrimo (Typed Title: District Utilities FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Signature) DATE: Z - 12- C 2 ATTEST -Jeffrey.-L. Miller C' M pager DATE: DATE: DATE: DATE: (Typed Name: (Typed Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION UTILITY AGREEMENT Financial Project ID: 228174-1-52-01 Federal Project ID: N/A Work Program Item No. (old):4111039 County/Section No.: Broward 152 N State Job No. (old) 86014-3518 I District Document No.: WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the AFDOT=_, proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the AProject=_; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for CITY OF TAMARAC WATER/SEWER hereinafter referred to as the AUAO_, to execute and deliver to the FDOT the agreement identified as Resolution Document, hereinafter referred to as the AAgreement=; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That (Name) , (Title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. ��Gi'rt 61i(S�i G i i.e r ON MOTION of [°Cf �11�'ll� It ii .�' Co[a ,k, seconded by Rr+i-E,v , the above resolution was introduced and passed by the UAO on the 13 day of Ci bat w , year of 2CC2 NAME Marion Swenson, CMC Title: City Clerk ATTEST: Title: P:\00-0079Vesolution-Tamarac.doc RECYQED PAPE� City of Tamarac Commercial Boulevard (Florida Turnpike) Date: 1/22/02 Utilities Relocation Project Financial Project No. 228174-1-52-01 Opinion of Probable Cost Pay Item No. Description Quantity Unit Unit Price Extended Price Pipe, Mech. Rest. Joint, 1100-141-308 D/I, Cement Lined, Class 48 LF $300 $14,400 52, F & 1 (6") Pipe, Mech. Rest. Joint, 1100-142-309 D/I, Epoxy Lined, Class 20 LF $350 $7,000 52, F & 1 (8") Pipe, Mech. Rest. Joint, 1100-141-309 D/l, Cement Lined, Class 25 LF $350 $8,750 52, F & 1 (8") Pipe, Mech. Rest. Joint, 1100-142-314 D/l, Epoxy Lined, Class 20 LF $550 $11,000 52, F & 1 (18") 1511-120 Fittings, F & I, D/I 0.6 TN $5,000 $3,000 1694-114 Mech. Rest. Joint for 8 EA $300 $2,400 Fittings (18") 1644-133-09 Fire Hydrant, F & I Traffic, 1 EA $925 $925 Two Hose, One Pumper Valve Assembly, Rest. 1070-111-208 Joint, D/I, F & I, 6" Gate 2 EA $1,000 $2,000 Valve Valve Assembly, Rest. 1070-114-214 Joint, D/l, F & I, 18" Plug 1 EA $3,000 $3,000 Valve 1637-112-1 Valve Box, F & I, D/I 3 EA $220 $660 1020-1 Pipe Removal, 18" or Less 95 LF $40 $3,800 Galvanized Steel Casing, 1823-114-18 F & 1 (20") with Spacers as 128 LF $300 $38,400 per Detail Galvanized Steel Casing, 1823-114-18 F & 1 (28") with Spacers as 16 LF $350 $5,600 per Detail 1948-1-18 Casing Seal, F & I for 20" 16 EA $175 $2,800 Casing 1948-1-18 Casing Seal, F & I for 28" 2 EA $200 $400 Casing Subtotal $104,135 10% Contingency $10,414 Subtotal $114,549 2% Administrative $2,291 Total Cost $116,840 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT SECTION NO STATE ROAD FDOT construction is proposed or underway. Q Yes ((No Financial Project ID Is this work related to an approved Utility Work Schedule? Q Yes Q No If yes, Document Number: COUNTv 710-010-85 UTILITIES OGC-0199 Page 1 of 3 PERMITTEE: G\-VO �QA� �`'��� TELEPHONE NUMBER: ADDRESS:�� t` w D� A`�E' �°i541 1�.4 - �. -_Lo2. ,7 \ 17Ao\ The above PERMITTEE requests permission from the State of Florida Department of Transpmca-Kortation,vZe aC�EaS �thFDOT, �u construct, operate 0 FCAS%vc and maintain the following: (ZED-O CA-K\OtJ O� T>rlE Fc�Ow\tJ Cr.,I EX\S"C \N • KW �oY.NER O F NW A-1 -Te� t �aKNERGRI.. 61 - Gi6'w1r1 e 11r1 '\A1 E3 of — w l 1 6t Fw•t -tS d AloyJ G, C tkK4►2L&AL Ct_Q fl TO: N w 3 {� Nv c FROM: FLO pt�S -TU1KN i! \ E- — Submitted for the PERMITTEE by: Date Name and Title (Typed or Printed Legibly) Signature The PERMITTEE declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on l to the following utilities known to be involved or potentially impacted in the area of the proposed installation: c�c..,-t• �.-c. ► . �-.1 coo 2 D� Nt�Toft ,-PS'F�\ I N c. �561i 2$Co 33�3„S, -'AA� pl.% N� ILL 2, The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified forty-eight (48) hours prior to starting work and again immediately upon completion of work. The FDOT's Engineer is �}k,A P► v�.- AH%_AW %%C,% , located at Telephone Number 55gg µW �l pvE , FT lAVflcQ�D� �F1-,333�9 p cgS4 9 Z The PERMITTEE's employee responsible for Mantenance of Traffic Is e ep one um er (This name may be provided at the time of the 48 hour notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOT's Utility Accomodation Manual in effect as of the date of this permit is approved by FDOT, and shall be made a part of this Permit. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. -V 5. The PERMITTEE shall commence actual construction in good faith within %15 O days after issuance of permit, and shall be completed within 0,0 days after the permitted work has begun. If the beginning date is more than 60 days from the date of permit approval, the PERMITTEE must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior PERMITTEE. 7, It is expressly stipulated that this permit is a license forright r ii said holder, ive use onlyandexcept a pro placing in exeof cuteed subordination and Res upon public property ailroad Utility ursuant to this permit shall not operate to create or vest any property Agreements. ic d or ubi 8 Pursuant to Section s found by DOT to be unrreasonably interfering nFlorida Statues, nany lway with he convenient, safe, lity placed upon, under, over, o along us use, oramainenn publicly� improvement, wned ldor that extension, or expansion, of such public road or publicly owned rail corridor shall, upon 30 days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the installation, adjustment or relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the PERMITTEE will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the PERMITTEE's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current Utility Accommodation Manual. The PERMITTEE shall not be responsible for delay beyond its control. 10. In the case of non-compliance with the FDOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance. or removed from the right of way at no cost to the FDOT, except for reimbursement rights set forth in previously_ executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit.+It' GT't oFTAMP.Q�I►G tJT\y'�� (icbCit"CWM1 W\f bE 0NC049-ft 't"«� 1�Td` F'�o't coN-C�.p et:T'•' 0%_XC.S N-0 oFOA`(S a �T�ti-1 5 ARE. tws -tt►2 6wEN'F "C�tR'� 'a(1'� iS L� 710-010.85 UTILITIES OGC . 01 199 .Page 2 of 3 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the PERMITTEE, and the PERMITTEE will, at all times, and to the extent permitted by law, assume all risk of and indemnity, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said PERMITTEE of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FDOT shall be observed and the PERMITTEE must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOT's latest Roadway and Traffic Design Standards and Standard Specifications for Road and Bridge Construction, as amended. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those addressed in the above references, the Utility must submit an altemative plan signed and sealed by a qualified registered Florida professional engineer qualified to develop Traffic Control Planning in accordance with the provisions of the Utility Accommodation Manual, Chapter 8. i 3. Should the PERMITTEE be desirous of keeping its utilities in place and out of service. the PERMITTEE. by execution of this Dermit acknowledges its present and continuing ownership of its utilities located between-ICUR.l3 Qt\C.y V S 441 ( STPCZE ?-';) -1) within the FDOT's rights of way as set forth above. Whenever the PERMITTEE removes its facilities, it shall be at the PERMITTEE's sole cost and expense. The PERMITTEE, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agencies and notify the PERMITTEE of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730, Florida Administrative Code, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work. 15. During excavation operations, an on -site representative of the PERMITTEE may be required to perform the following activities with respect to their own facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover aerial facilities as deemed necessary to aid construction. 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The Department may initiate injunctive proceedings as provided in Section 120.69, Florida Statutes, to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of Section 337.404FIorida Statutes. 18. Special FDOT instructions: It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 19. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14-46.001, Florida Administrative Code, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting change/s to the standard form? No changes to forms document. Q Appendix "Changes to Forms Document" is attached. Number of Attachment Pages. PERMITTEE: DtA`k f�btOt7, VT'LNC� ��1►��SIGNATURE: DATE: 2 4 O'An4, _�__a Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: District Maintenance Engineer or Designee ISSUE DATE: PERMIT NO.: SECTION NO.: STATE ROAD: COUNTY: ................................«.............. ........... ........ ..... ....... ...,........ ............... ............... ...,..... UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: Permittee or Agent REMARKS (Brief summary of approved plans changes): CHANGE APPROVED BY: District Maintenance Engineer or Designee DATE: 710-010.85 UTILITIES OGC . 01 /99 Page 3 of 3 I the undersigned PERMITfEE do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current Utility Accomodation Manual. All plan changes have been approved by the FDOTs Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: Title of Authorized Permittee or Agent Aped or Printed Legibly) Permit Office Permittee SIGNATURE: DATE: The attached Original "Utility Work by Highway Contractor Agreement" was received from the FDOT through Tony Rabbat, Utilities on Monday, April 8, 2002. Amendments to the Financial Project ID number were made and to the "date" the Agreement was signed. Changes were initialed by Tony Rabbat. "EXHIBIT 2" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES 10101 (AT UTILITY EXPENSE) Page I of 8 Financial Project ID: 228174-1-5 -01 Federal Project ID: NiA Work Program Item No. (old): 4111039 County/Section No: Broward / 52 State Job No. (old): 86014-3518 District Document No: N/A THIS AGREEMENT, entered into this day of _� �_. ye of 20,02 Eby and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIUN, _. ai,er referred to as the FDOT , and the City of Tamarac , hereinafter referred to as the "UAO"; WITNESSETH WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Commercial Blvd. (from Florida's Turnpike to N.W. 31 Av) State Road No.: 870 , hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); 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 FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before March 15 , year Of 2002 . b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. 710.010.22 vnLmes 10/01 Pape 2 o1 8 UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Final Engineering Plans Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Overhead Electric Utilities These exceptions shall be handled by separate arrangement. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. 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: See Attached Utility Permit Application (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 14 days from the date that the UAO is notified of the bid amount. Unless this election is made. the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. n0-o,a2.2 llnLmES 10101 Page 3ol8 e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in acco-dance with the Plans Package except for the following activities: Road Construction and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. e.. the FDOT will perform all contract administration for its construction contract. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. The FDOT's engineer 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 Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. 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 4.a. b. The initial estimate of the cost of the Utility Work is . $116 , 840.00 At such time as the FDOT prepares its official estimate. the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least fourteen ( 14 ) calendar days prior to the date on which the FDOT advertises the Project for bids. the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10°0 of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the "Contingency Fund"). d. Payment of the funds pursuant to this paragraph will be made (choose one): rx directly to the FDOT for deposit. as provided in the attached Memorandum of Agreement between the UAO, the FDOT, and the State of Florida. Department of Insurance. Division of Treasury. Deposits of less than S100.000 to be escrowed must be pre -approved by the Department of Insurance and FDOT Comptroller's Office prior to execution of this agreement. 710-01042 UTILMES 10101 Page d of B e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from -the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. i. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a.. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will 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. 710-010.22 UTILITIES 10101 Page 5 of 8 In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT 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 FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds 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 the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT 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 the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 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 of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the 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 FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. 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. 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. 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 or discharging 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 sixty (60) days from written notice thereof from FDOT. 2. Pursue a claim for damages suffered by the FDOT or the public. 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. 710-010.22 UnUTIES 10/01 Pape 6 of 6 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 sixty (60) days from written notice thereof from FDOT. 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 sixty (60) days from written notice thereof from the UAO. 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 nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure 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 parry 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. 8. Indemnification FOR GOVERNMENT -OWNED UTILITIES, 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, 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 LIAO, 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. When the FDOT 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 FDOT will immediately forward the claim to the UAO. The UAO and the FDOT 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 FDOT's failure to notify the LIAO of a claim shall not release the UAO from any of 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 claim at trial, that party is responsible for all costs. 710-010.22 UTILITIES 10101 Page 7 of 8 FOR NON -GOVERNMENT -OWNED UTILITIES, 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, 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 FDOT 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. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the LIAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT 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 may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the taws 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 portions hereof. f. 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 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 FDOT 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: With copy to: Jeffrey L. Miller, City Manager Mitchell Kraft, City Attorney .�., QQ A.. ... 7595 ATW 88 Avenue Tamarac, Florida 33321 2401 Tamarac,_Florida 33321-2401 If to the FDOT: 1. Alaa El Ahlawagy. Resident Engineer Avenue Ft Lauderdale, FL 33309 10. 710-010-22 UTILITIES 10001 Page 8 of 8 Certification This document is a printout of an FDOT 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 Forms Document and no Appendix entitled "Changes To Form Document" is attached. O No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Tamarac By: (Signature) DATE: 2 -13 -0q ATTEST (Typed Name: Joe Schreiber ,Je€fre 3_L. Miller (Typed Title: Mayor CiMa ager Recommepd"Appro�al by the Dis ' Utility Office BY FDOT Legal Review BY: (Signature) DATE: %--) / ZJ -'C%--2— DATE: �/ Q District Counsel STATE OF FLORIDA DEPARTMENT OFftANSPTION, gY; (Signature DATE: Z� 6 (Typed Na e:(Typed Title:egoroms ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Signature) (Typed Name: DATE: (Typed Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION UTILITY AGREEMENT Financial Project ID: 228174-1-52-01 1 Federal Project ID: N/A 11 Work Program Item No. (old):4111039 County/Section No.: Broward / 52 State Job No. (old) 86014-3518 District Document No.: WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the AFDOT=, proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the AProject=; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for CITY OF TAMARAC WATER/SEWER, hereinafter referred to as the AUAO=, to execute and deliver to the FDOT the agreement identified as Resolution Document, hereinafter referred to as the AAgreement=; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That (Name) , (Title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. ( ON MOTION of i'omm eobvJs , seconded by R61U)r, the above resolution was introduced and passed by the LIAO on the 13 day of , year of 2002 . NAME: Marion Swenson, CMC Title: City Clerk ATTEST: Title: P:\00-0079Vesolution-Tamarac.doc RECYCLED PAPER& City of Tamarac Commercial Boulevard (Florida Turnpike) Date: 1/22/02 Utilities Relocation Project Financial Project No. 228174-1-52-01 Opinion of Probable Cost Pay Item No. Description Quantity Unit Unit Price Extended Price Pipe, Mech. Rest. Joint, 1100-141-308 D/I, Cement Lined, Class 48 LF $300 $14,400 52, F & 1 (6") Pipe, Mech. Rest. Joint, 1100-142-309 D/l, Epoxy Lined, Class 20 LF $350 $7,000 52, F & 1 (8") Pipe, Mech. Rest. Joint, 1100-141-309 D/l, Cement Lined, Class 25 LF $350 $8,750 52, F & 1 (8") Pipe, Mech. Rest. Joint, 1100-142-314 D/I, Epoxy Lined, Class 20 LF $550 $11,000 52, F & 1 (18") 1511-120 Fittings, F & I, D/I 0.6 TN $5,000 $3,000 1694-114 Mech. Rest. Joint for 8 EA $300 $2,400 Fittings (18") 1644-133-09 Fire Hydrant, F & I Traffic, 1 EA $925 $925 Two Hose, One Pumper Valve Assembly, Rest. 1070-111-208 Joint, D/l, F & I, 6" Gate 2 EA $1,000 $2,000 Valve Valve Assembly, Rest. 1070-114-214 Joint, D/I, F & 1, 18" Plug 1 EA $3,000 $3,000 Valve 1637-112-1 Valve Box, F & I, D/I 3 EA $220 $660 1020-1 Pipe Removal, 18" or Less 95 LF $40 $3,800 Galvanized Steel Casing, 1823-114-18 F & 1 (20") with Spacers as 128 LF $300 $38,400 per Detail Galvanized Steel Casing, 1823-114-18 F & 1 (28") with Spacers as 16 LF $350 $5,600 per Detail 1948-1-18 Casing Seal, F & I for 20" 16 EA $175 $2,800 Casing 1948-1-18 Casing Seal, F & I for 28" 2 EA $200 $400 Casing Subtotal $104,135 10% Contingency $10,414 Subtotal $114,549 2% Administrative $2,291 Total Cost $116,840 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT NO SECTION NO STATE ROAD FDOT construction is proposed or underway. Q Yes ((No Financial Project ID Is this work related to an approved Utility Work Schedule? 0 Yes O No If yes, Document Number COUNTY 71G-010•85 UTILITIES ooc - 01/99 Page 1 of 3 PERMITTEE: t. a OF- 7Fit'\A '.C' ADDRESS: � � t. w 819 A\4 TELEPHONE NUMBER: -01-\Z"11 The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: RED co.-iNotJ o -CtIE F0136-0w\ N Gl exvb"C %t3 G% C-0 NSZRU c.'X%00 O FCA51vt • t1 W coY.t4 t.R G F N W "t 'CEA SDK t ke%C-% 0� bW cJ Gad-,. aKiKV E c�.A itwcts � o -iL 'tSd AloNfn �,KK� tl� FROM: FL0R%oA�s "CLu`_VJ!\�� To: Nw Submitted for the PERMITTEE by: --ram N� CtP►8�'C��C 2. qr �'Z Name and Title (Typed or Printed Legibly) Signature Date 1, The PERMITTEE declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on to the following utilities known to be involved or Dotentially impacted in the area of the proposed installation: tZD�NPcToft. , \..PS _ -2�R7 S JARN Dla N The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified forty-eight (48) hours prior to starting work and again imme i;Iately upon completion of work. The FDOT's Engineer is f�kLo% N 4?L- AH\-A\+�i'p►Cc�`t ,located at 55 4$ esW avE , F'C l.A� DcR.�Dt� F�-1333 d 1 .Telephone Number r� y 15 The PERMITTEE's employee responsible for Maintenance of Traffic is Ia ep one Num er (This name may be provided at the time of the 48 hour notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOT's Utility Accomodation Manual in effect as of the date of this permit is approved by FDOT, and shall be made a part of this Permit. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. Af 5. The PERMITTEE shall commence actual construction in good faith within r-� O days after issuance of permit, and shall be completed within # 010 days after the permitted work has begun. If the beginning date is more than 60 days from the date of permit approval, the PERMITTEE must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior PERMITTEE. 7, It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon 30 days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the installation, adjustment or relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the PERMITTEE will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the PERMITTEE's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current Utility Accommodation Manual. The PERMITTEE shall not be responsible for delay beyond its control. 10. In the case of non-compliance with the FDOT's requirements in effect as of the date ,this permit is approved, this permit is void and the facility will have to be brought into compliance. or removed from the right of way at no cost to the FDOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. * CA oF' TAtt� .9*r V'���►'r� Etc�•oCtti'CW wsl� 66, it4C+a4t?o gt;ft at o"Tt r oT C6*3-K gxv - ow s l Nol0 F'01N�S a \Z�l� 5 ARE tw1 ZH� g�tfg,l.1T 'C�IR'� "at1� �S MQ-KPP-A fil 12. 13 14. 710.010.85 UTILITIES OGC . 01 /99 . Page 2 of 3 It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the PERMITTEE, and the PERMITTEE will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said PERMITTEE of the aforesaid rights and privileges. During construction, all safety regulations of the FDOT shall be observed and the PERMITTEE must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOTs latest Roadway and Traffic Design Standards and Standard Specifications for Road and Bridge Construction, as amended. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those addressed in the above references, the Utility must submit an altemative plan signed and sealed by a qualified registered Florida professional engineer qualified to develop Traffic Control Planning in accordance with the provisions of the Utility Accommodation Manual, Chapter 8. Should the PERMITTEE be desirous of keeping its utilities in place and out of service. the PERMITTEE. by execution of this oermit acknowledges its present and continuing ownership of its utilities located between 'Cugo p%.\LU, and U S 44 l ( STp�Te 1Z� -I) within the FDOT's rights of way as set forth above. Whenever the PERMITTEE removes its facilities, it shall be at the PERMITTEE's sole cost and expense. The PERMITTEE, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agencies and notify the PERMITTEE of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730, Florida Administrative Code, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work. 15. During excavation operations, an on -site representative of the PERMITTEE may be required to perform the following activities with respect to their own facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover aerial facilities as deemed necessary to aid construction. 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The Department may initiate injunctive proceedings as provided in Section 120.69, Florida Statutes, to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of Section 337.404FIorida Statutes. 18. Special FDOT instructions: It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 19. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14-46.001, Florida Administrative Code, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting change/s to the standard form? Q No changes to forms document. O Appendix "Changes to Forms Document" is attached PERMITTEE -rot4, 9.Pke0601\� UT\`Xk EP(AL,46;R SIGNATURE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) Number of Attachment Pages. • APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee 710-010-SS UTILITIES OGC - 01/99 Page 3 of 3 PERMIT NO : SECTION NO STATE ROAD: COUNTY: ................................................................................................................................................................................... UTLITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: Permittee or Agent REMARKS (Brief summary of approved plans changes) CHANGE APPROVED BY: District Maintenance Engineer or Designee DATE: I the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current Utility Accomodation Manual. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee SIGNATURE: DATE: