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R24-284 RESOLUTION NO. R24-284 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A UTILITY WORK AGREEMENT 5 BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF 6 TRANSPORTATION FOR THE I-95 INTERCHANGE AND BOYNTON 7 BEACH BOULEVARD IMPROVEMENTS PROJECT; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the City owns or desires to install certain utility facilities which are located on 11 the public road or publicly owned rail corridor identified below, hereinafter referred to as the 12 "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, 13 adjusted, or placed out of service); and 14 WHEREAS, the State of Florida Department of Transportation ("FDOT") is currently 15 engaging in a project that involves constructing, reconstructing, or otherwise changing a public 16 road and other improvements located on a public road or publicly owned rail corridor identified 17 as SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, State Road No.9, hereinafter referred to 18 as the "Project;" and 19 WHEREAS, the Project requires the location (vertically and/or horizontally), protection, 20 relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, 21 hereinafter referred to as "Utility Work;" and 22 WHEREAS, the City, in accordance with and subject to the limitations of the terms and 23 conditions of the Agreement, is entitled to be reimbursed for some portion or all of the Utility 24 Work; and 25 WHEREAS, FDOT and the City desire to enter into an agreement that establishes the terms 26 and conditions applicable to the Utility Work; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the city's citizens and residents to approve a Utility Work Agreement between 29 the City and the State of Florida Department of Transportation for the I-95 Interchange and 30 Boynton Beach Boulevard improvements project. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve a Utility Work Agreement between the City and the State of Florida Department of 39 Transportation (FDOT") for the I-95 Interchange and Boynton Beach Boulevard improvements 40 project (the "Agreement"), in form and substance similar to that attached as "Exhibit A." 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 43 ancillary documents required under the Agreement or necessary to accomplish the purposes of 44 the Agreement and this Resolution. 45 SECTION 4. The Mayor-executed Agreement shall be forwarded to Keith Webber to 46 obtain execution by FDOT. Keith Webber shall be responsible for ensuring that one fully executed 47 Agreement is returned to the City, to be provided to the Office of the City Attorney for forwarding 48 to the City Clerk for retention as a public record. 49 SECTION 5. This Resolution shall take effect in accordance with law. 50 51 52 53 [signatures on the following page] 54 55 PASSED AND ADOPTED this !q day of MOiernbef 2024. 56 CITY OF BOYNTON BEACH, FLORIDA 57 YES- NO 58 Mayor-Ty Penserga ✓ 59 60 Vice Mayor-Aimee Kelley 61 62 Commissioner-Angela Cruz 63 64 Commissioner-Woodrow L. Hay 65 66 Commissioner-Thomas Turkin 67 68 VOTE 69 ATT 70 71 .I to OIL111110 Z! 74 tit 72 Maylee Aei-sus, MPA i MC Ty 'u' - •a 73 City Clerk M. • 74 75 �pNT .. �, APPROVED AS TO FORM: 76 (Corporate Seal) °ReoRarF�.' 011 1 77 , 1 : SEAL :�•• 192°.1: nn,,.. '' t ea/n6 ED; u 78 i . 1NCDRoRAT ; % :� 79 �� .� 1g 2 p.,:. ; Shawna G. Lamb 80 t`�� •...........v FCity Attorney .� LOR r" DOT Florida Department of Transportation RON DESANTIS 3400 West Commercial Boulevard JARED W.PERDUE,P.E. GOVERNOR Fort Lauderdale,FL 33309 SECRETARY December 5, 2024 Ty Penserga City of Boynton Beach 124 E. Woolbright Road Boynton Beach,FL 33435 Re: Notice To Proceed—Reimbursable Adjustment of Utilities—Florida Statue 337.403 County: Palm Beach State Road: 9 Financial No: 435804-1-56-03 Agreement No: AT174 Description: SR9/I-95 @ SR84/Boynton Beach Boulevard Interchange (City of Boynton Beach—facilities relocation and or adjustments) Dear Mr. Penserga, The Department has approved the Utility Work Agreement,Document Number AT 174, for the utility work associated with the City of Boynton Beach relocation. This approval pertains to the work at SR9/I-95 @ Boynton Beach Boulevard Interchange,as detailed in your system. The total authorized cost to date for the above-referenced agreement is$1.158.034.00.This notice serves as your official authorization to proceed with the work. Please ensure that all activities are conducted under the direction of District Construction Engineer/Maintenance Engineer. We appreciate your attention to this matter and look forward to the successful completion of the project. SincSincerely, ("°'` If L. Juliet Ashboume Utilities Project Manager cc: Financial Services FDOT Project Manager File www.fdot.gov Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) Financial Project ID: 435804-1-56-03 Federal Project ID: D424 041 B County: Palm Beach State Road No.: 9 District Document No: AT174 Utility Agency/Owner(UAO): City of Boynton Beach THIS AGREEMENT, entered into this 5th day of December , year of 2024 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT,"and City of Boynton Beach, hereinafter referred to as the"UAO"; WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the"Facilities,"(said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, State Road No.9, hereinafter referred to as the"Project"; and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the UAO, in accordance with and subject to the limitations of the terms and conditions of this Agreement, is entitled to be reimbursed for some portion or all of the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the "Schedule"), the plans and specifications for the Utility Work which have been previously approved by the FDOT (the "plans"), said Plans being incorporated herein and made a part hereof by this reference, and the detailed cost breakdown for the Utility Work (the "estimate") previously prepared. If the Schedule, the Plans, and the Estimate have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule nor the Plans nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such Page 1 of 10 Docusign Envelope ID:701D151C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPOR'A'ION UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans, Schedule, or Estimate (including location of the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b All Utility Work shall be performed by the UAO's own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT's engineer as determined by the FDOT's engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 1 a. c. After the FDOT has received a proper Schedule, Estimate and Plans, the FDOT will issue a notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to allow either attachment of or separate reference to the permit). 2. Claims Against UAO a In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will, in accordance with the FDOT's procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. b. In the event the FDOT's contractor makes any claim against the 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. c The FDOT may withhold reimbursement to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by FDOT to FDOT's contractor. 3. Reimbursement for Utility Work a. The FDOT agrees to reimburse the UAO for a portion of the cost of the Utility Work, hereinafter referred to as the "FDOT Participating Amount." The FDOT Participating Amount is established by the FDOT's Utility Estimate Summary form or similar form submitted to and accepted by the FDOT and the forms supporting documentation. The FDOT Participating Amount is estimated to be $1,158,034.00. Any costs not included in the approved Plans and Estimate and any location work (vertically or horizontally) or other engineering work performed to determine the compensability of the Utility Work shall not be reimbursed by the FDOT. The UAO shall obtain written approval from the FDOT prior to performing Utility Work which exceeds the Estimate or which is not in the Plans. Pape 2 of 10 Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10/04 S,'E Of f LORDA OEPARTMENI Of TRANSPORTATION UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) b. The method to be used in calculating the cost of the Utility Work shall be one of the following (check which option applies): Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. ❑ Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the UAO and approved by the FDOT's. (If this option is selected, the UAO shall provide written evidence of such approval). ❑ An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior to the execution of this Agreement. c. In determining the amount of the cost of the Utility Work to be reimbursed, a credit will be required for any increase in the value of the new Facility and for any salvage derived from the old Facility. These credits shall be determined as follows: (1) Increase in value credit. (a) Expired Service Life. If an entirely new Facility is constructed and the old Facility retired, credit for the normally-expected service life of the old Facility applies, and will be determined as of the time of the issuance of the work order. This credit shall be deducted proportionally from each invoice for the Utility Work. (b) Upgrading. A percentage of the total cost of the Utility Work, based on the extent of the betterment obtained from the new Facilities, to be determined as of the time of the issuance of the work order, will be applied equally to each billing for the Utility Work. (2) Salvage Value. The FDOT shall receive salvage value credit for any salvage which shall accrue to the UAO as a result of the above Utility Work. It is the UAO's responsibility to ensure recovery of salvageable materials and to report the salvage value of same to the FDOT. This Salvage Value credit shall be applied as provided in Paragraph 4 c. 4. Invoice Procedures for FDOT Participating Amount The following terms and conditions apply to all invoices submitted pursuant to this Agreement for reimbursement of the FDOT Participating Amount: a. The UAO may,unless reimbursement is on a lump sum basis pursuant to Subparagraph 3. b. hereof, at monthly intervals, submit progress invoices for all costs incurred for the period covered by the invoice. In addition to deductions for applicable credits, which deductions shall be shown on the invoice, the FDOT will retain ten (10%) percent of such progress invoices. Retainage will be paid with the final invoice. If reimbursement is on a lump sum basis pursuant to Subparagraph 3.b.hereof, the lump sum invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below. b. The UAO shall submit a final invoice to the FDOT for payment of all Utility Work within one hundred and eighty(180)days after written notification from the FDOT of final acceptance of the Utility Work. The UAO waives all right of reimbursement for invoices submitted more than one hundred eighty (180)days after written notification of final acceptance of the Utility Work. The FDOT does not waive its right to reject future untimely invoices by acceptance and payment of any invoices not submitted within one hundred eighty (180)days after written notification of final acceptance of the Utility Work. Page 3 of 10 Docusign Envelope ID:701 D151C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10/04 STATE OF FLOfaOA DEPARTMENT Of 1RANSPORTA1Of UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) c. All invoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph 1.The totals for labor,overhead,travel expenses, transportation, equipment, materials and supplies, handling costs and all other services shall be shown in such a manner as will allow ready comparison with the approved Plan and Estimate. Materials shall be itemized where they represent major components. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in relative position with the charge for the replacement or the original charge for temporary use. d. All invoices shall be submitted in triplicate and shall show the description and site of the project and the location where the records and accounts invoiced can be audited. Adequate reference shall be made in the invoicing to the UAO's records, accounts, and other relevant documents. e. All cost records and accounts shall be maintained in the auditable condition for a period of eight hundred twenty (820) days after final payment is received by the UAO and shall be subject to audit by a representative of the FDOT at any reasonable time during this eight hundred twenty (820) day period. f. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Such detail shall include, but not be limited to, a separation of costs for work performed by UAO's employees and work performed by UAO's contractor. g. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. A state agency may establish rates lower than the maximum provided in Section 112.061, Florida Statutes. h. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and services. The FDOT has twenty (20) days from the latter of the date the invoice is received or the goods or services are received, inspected and approved to deliver a request for payment (voucher) to the Department of Financial Services or to return the invoice to the UAO. If a warrant in payment of an invoice is not issued within forty(40)days from the latter of the date the invoice is received or the goods or services are received,inspected and approved, a separate interest penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in addition to the invoice amount, to the UAO. Interest penalties of less than one (1) dollar will not be enforced unless the UAO requests payment. Invoices which have to be returned to the UAO because of UAO's preparation errors,will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FDOT. In the event of a bona fide dispute,the FDOT's voucher shall contain a statement of the dispute and authorize payment only of the undisputed amount_ In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. k A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792. In accordance with the Florida Statutes, the FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The FDOT shall require a statement from the comptroller of the FDOT that funds are Page 4 of 10 Docusign Envelope ID:701 D151C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10/04 STATE Of FLORIDA DEPARTMENT Of TRANSPORTATION UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this Paragraph shall be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of$25,000.00 and which have a term for a period of more than one (1) year. For this purpose, the individual work orders shall be considered to be the binding commitment of funds. m PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. n An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 5. Out of Service Facilities No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active (hereinafter "Placed out of service/Deactivated") unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of service/Deactivated: a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. b. The 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 UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 5. e below. c The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local,state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be Pape 5 of 10 Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UT11TT/Es 10/04 S1ArE Ot F LOR DA DEPAMMENI OI 1HANSPONIA1lON UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement only under Section 337.403(1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this Paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the Page 6 of 10 Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 F orm No 710-010-54 UTILITIES 10,04 S!ATE OF F LONIDA DEPARTMENT Of TRANSPON TA,,,ON UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the 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. 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. Page 7 o1 IC Docusign Envelope ID:701 D151C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10704 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (FOOT PARTICIPATING IN EXPENSE) 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 FOOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 8. 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 party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b)promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 9. Miscellaneous a. If the Utility Work is reimbursable under this Agreement, the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in connection with the Utility Work covered by this agreement, and such compliance will be governed by the method marked below: The UAO will perform all or part of such Utility Work by a contractor paid under a contract let by the UAO,and the Appendix"A"of Assurances transmitted with the issued work order will be included in said contract let by the UAO. ❑ The UAO will perform all of its Utility Work entirely with UAO' s forces, and Appendix "A" of Assurances is not required. ❑ The Utility Work involved is agreed to by way of just compensation for the taking of the UAO's facilities on right-of-way in which the UAO holds a compensable interest, and Appendix "A" of Assurances is not required. ❑ The UAO will perform all such Utility Work entirely by continuing contract, which contract to perform all future Utility Work was executed with the UAO's contractor prior to August 3, 1965, and Appendix"A" of Assurances is not required. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. c Pursuant to Section 287.058, Florida Statutes, the 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 FOOT has manuals and written Page 8 of 10 Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Form No 710-010-54 UTILITIES 10104 SLATE Of FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. f. Time is of the essence in the performance of all obligations under this Agreement. g. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of 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: Milot Emile, P.E., Boynton Beach Utilities 124 E. Woolbright Rd., Boynton Beach, FL 33435 emilem@bbfl.us/(561)742-6407 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us/(954)777-4128 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 Form Document and no Appendix entitled "Changes to Form Document" is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Boynton Beach BY: Si•nature fa. 1/ JV , .•••0n 0�/ ATE: • CITY�TTORN` O Fl E Page°a 10 i /N c `A L •c7 App • • �1( • ti gry�an '.' /n � ° 2 211 T l 2 iw1 N✓ � 920 ED. Shawna G.Lamb, �1 i ‘‘v city Attorney � RIDA Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Form No 710-01054 UTILITIES 10!04 STATE Of FLORIDA DEPARTMENT OF TkAJTSPORTATIO UTILITY WORK AGREEMENT (FDOT PARTICIPATING IN EXPENSE) (Typed Name: Tv Penserga (Typed Title: M..- .-..-_ Recommend Approval by the District Utility Office 12/04/2024 I 1:10 PM ES1 Dowebn.d by: BY:jSisinature) DATE: FDOT Legal review 12/04/2024 I 1:18 PM ES. 000 SIgn.d by: BY:jSignature) Ltu, � DATE: District Counsel STATE OF FLORIDA 12/05/2024 I 1:06 PM ES DEPARTMENT OF TRANSPORTATION Docw619n.d by: BY: (Sicinature) C' ; � DATE: (Typed Name: T •ed Title: Director of Trans•ortation Develo•ment FEDERAL HIGHWAY ADMINISTRATION(if applicable) BY: DATE: (Typed Name: (Typed Title: ) Paye 10 of 10 Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Attachments 435804-1-56-03 1. Exhibit A — Utility Work Schedule 2. Exhibit B — Utility Work Estimate 3. Appendix A of Assurances Docusign Envelope ID:701D151C-A105-4744-B4FB-708010AA8894 EXHIBIT A Rub t1-460m FAC FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-05 UTILITY WORK SCHEDULE U"`IR 6 Pops i ale Pursuant to Section 337.403 F.S.,the UAO and FDOT agree to the UAO's need for relocation or adjustment to its utilities and FDOT's need fora schedule for the UAO to effect the relocation or adjustment.This utility work schedule is based on FDOT plans dated in the project information box below. Any deviation by FDOT or its contractor from these plans.may void this utility work schedule.Upon notification by FDOT of a change to these plans,the UAO may negotiate a new utility work schedule.The UAO agrees to notify FDOT and the contractor in writing prior to starting,stopping,resuming,and completing work in accordance with this utility work schedule.The UAO shall obtain a utility permit and comply with requirements of the 2017 Utility Accommodation Manual(UAM)for all work done under this utility work schedule.The UAO is not responsible for events beyond the control of the UAO that could not be reasonably anticipated by the UAO and which could not be avoided by the UAO with exercise of due diligence at the time of the Occurrence. FDOT PROJECT INFORMATION Financial Project ID:435804-1-52-01 Federal Project ID: D424 041 B State Road Number 804 County: Palm Beach FDOT Plans Dated: 77192024 District Document No.: UTILITY AGENCY/OWNER(UAO) Utility Coapeny: City of Boynton Beach UAO Project Rap: Keith Webber Phone:561-742-6454 B-mu7:WebberK(a)bbfl.aa UAO Field Rep: Breedon Eckenwiler Phone:561.660-1477 E-mail:EckenwilerB%bbfl.us UTILITY SIGNATURE I have reviewed the FOOT plans ref [above and submit this utility work schedule in compliance with UAM Section S and agree to be bound by the terms of this utility work schedule. UAO Rep. Added( 61,27 /off' Date9 f 14 2024 Name Keith Webber Title Assistant Director of Utilities,Engineering,COBB ENGINEER OF RECORD SIGNATURE I attest this utility work schedule incompatible with the FD/OT plans referenced above. FOR.iiitt41- Date 9,17/24 Name Cvaia 1.Kendrick.P.E. Title Engineer of Record APPROVAL BY DISTRICT UTILITIES This utility work th $and acceptable to FOOT. FOOT Rep. e4r'ntn'sdrr� Din.09/29/2024 I 11:23 Aro EDT Name Keln]xFliaCaesA79°ng Title Utilities Project Manager SECTION A:SUMMARY OF UTILITY WORK The below days are the total numbers of days shown for all activates in Section C of this utility work schedule.The breakdown of how these days are to be incorporated into the FDOT project and the dependence of these days upon the completion of other activities by the UAO or others is shown in Section C. Days prior to FOOT project construction:MI Days during FOOT project construction:141. Docusign Envelope ID.701 D151 C-A105-4744-B4FB-708010AA8894 Ruk Ia-a6 OFf F AC FLORIDA DEPARTMENT OF TRANSPORTATION T10-010-05 UTILITY WORK SCHEDULE UTILITIES12/16 Page 2 of 6 Financial Project ID:435804-1-52-01 Utility Company: City of Boynton Beach FDOT Plans Dated:7/j /2024 SECTION B:UAO SPECIAL CONDITIONS/CONSTRAINTS _ Provide the City of Boynton Beach Utilities Department with at least 411 hours advance notice for City of Boyntom Beach Utility Locates. City of Boynton Beach Utilities'Contractor to coordinate with the FDOVs Highway Contractor for the City of Boynton Beach's Utility Relocation/Adjustments. Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 Rule 1446.001 FAC 6 10-0 FLORIDA DEPART.ENT OF TRANSPORTATION UTILITIES UTILITY WORK SCHEDULE MI6 P.O.3 446 Financial Project ID:435804-1-52-01 Utility Company: City of Boynton Beach FDOT Plans Dated:7/19/2024 SECTION C:UAO's WORK ACTIVITIES Coauecative Act No. Utility Facility Front To Utility Work Activity Dependent TCP Phase Calendar Days (type,dze,material,stat..) Station/Offset Statiea/ORael Description Activity Prior to Daring Coast Const I Design Services FDOT Approved UWS 60 0 2 Permitting FDOT Approved UWS 60 0 3 Work Authorization Approval FDOT Approved UWS 45 0 4 Water Valve 21+03.0/ 21+03.0/ Adjust Elevation Pavement Elevation Change V 0 0.5 46.7'RT 46.7 RT 5 Water Valve 21+17.0/ 21+17.0/ Adjust Elevation Pavement Elevation Change V 0 0.5 46.4'RT 46.4'/RT 6 Water Valve 21+23.9/ 21+23.9/ Adjust Elevation Pavement Elevation Change V 0 0.5 56.5'LT 56.5'LT 7 Sewer Valve 21+67.9/ 21+67.9/ Adjust Elevation Pavement Elevation Change V 0 0.5 47.7 LT 47.7'LT 21+85.0/ 27+86.8/ 16"Force Main to be deflected 12"below the Drainage Conatniction RIB 0 10 49.0'LT 47.6'LT 18'STS Pipe 9 Water Valve 22+92.3/ 22+92.3/ Adjust Elevation Pavement Elevation Change V 0 0.5 47.0'RT 47.0'RT 10 Sewer Valve 23+20.9/ 23+20.9/ Adjust Elevation Drainage Construction V 0 0.5 47.8'LT 47.6'LT 24+53.5/ 24+53.5/ Support&Protect 6" II 6'Water Main 60.2'LT 60.2'LT WaterMam During Drainage Construction 1118 0 2 Drainage Construction 27+03.6/ 27+04.2/ B"Fora Main to be 12 8"Force Main 85.0'LT 105.0'LT deflected 12"below the Drainage Construction 1118 0 3 18'STS Pipe 27+86.8/ 27+91.5/ 16"Force Main o be 13 16"Force Main deflected 12"below the Drainage Construction 111B 0 5 47.6'LT 80.0'RT 18"STS Pipes 27+33.2/ 27+33.2/ Support and Protect 3: 14 3"Water Main 94.8'LT 94.8'LT WON'Main During Drainage Construction MB 0 2 Drainage Construction 3'Water Main to be 15 3"Water Main 27+35.5/ 27+35.5/ deflected horimoWly and Drainage Construction 1118 0 5 30.0'LT 55.0'LT vertically 12"below the 18'STS Pipe 16 Water Valve 27+52.N 27+52.0/ Adjust Elevation Pavement Elevation Change V 0 0.5 47.2'RT 47.2'RT 17 Sewer Manhole 27+84.7/ 27+84,7/ Adjust Elevation Pavement Elevation Change V 0 I 94.6'RT 94.6'RT 27+80.0/ 27+87.5/ Deflect 12'Force Main 18 12'Fora Main 47.5'LT 35.0'LT vertically 12"below the Dishiest Construction 1118 0 3 30'STS Pipe 12'Force Main to be ...... 27+-90.4/ 27+91.3/ deflected vertically 12" 19 12'Force Main 50.0'RT 70.0'RT below the Drainage Construction 11B 0 3 18"STS Pipe Docusign Envelope ID:701D151C-A105-4744-B4FB-708010AA8894 Run 14-40001 FAC FLORIDA OEPARTAFNT OF TRANSPORTATION 710010-06 UTILITY WORK SCHEDULE ""12/16 Papa 4 de Coaaeeativc Act.No. Utility Fadtlty From To Utility Work Activity Dependent .1.��� Calendar Days (type,size.material,status) Station/Offset Station/Offset Description Activity Prior to Daring Coast. Coast 16"Water Main to be 20 16"Water Main 27+99.4/ 27+99.5/ deflected vertically 12' Drainage Construction 118 0 5 50.0'RT 70.0'RT below the 18'STS Pipe 21 Water Valve 27+99.4/ 27+99.4/ Adjust Elevation Pavement Elevation Change V 0 0.5 65.2'RT 65.2'RT 10"Water Main to be 28+08.2/ 28+08.21 deflected vertically 12' 22 10"Water Main50.0'RT 70.0'RT below the Drainage Construction 11B 0 5 18"STS Pipe 23 Water Valve 28+21.3/ 28+21.3/ Adjust Elevation Roadway Widening V 0 0.5 53.5'RT 53.5'RT 10"Water Main to be 24 10"Water Main 28+36.7/ 28+56.7/ deflected vertically 12" paid Construction 11B 0 5 53.1'RT 52.2'RT below the 18"STS Pipe 6"Water Main to be 29+10.6/ 29+10.6/ deflected vertically 12" 25 6"Water Main 53.5'RT 68.5'RT below the Drainage Construction IIB 0 5 18"STS Pipe 29+10.81 29+10.8/ Support&Protea 6" 26 6"Water Main 66.1'RT 66.1'RT Water Main During Gravity Wall Construction 11B 0 2 Gravity Wall Construction 10"Water Main to be 27 10"Water Main 30+00.8/ 24+99.6/ deflected vertically 12" Drainage Construction 111B 0 5 40.0'LT 55.0'LT below the 30"STS Pipe 28 Water Valve 30104'7! 30+04'7! Adjust Elevation Roadway Widening V 0 0.5 54.6'RT 54.6'RT 29 Water Valve 30+08.2/ 3 '2/ Adjust Elevation Roadway 50.8'RT 50.8'RT Widening V 0 0.5 30 Water Valve Adjust 31+52.2/ Adjust Elevation Sidewalk Construction V 0 0.5 67.5'RT 67.5'RT 31 Water Valve 31+74.5/ 31+?4.5/ Adjust Elevation Pavement Elevation Clumge V 0 0.5 71.5'RT 71.5'RT 31+74.9/ 31+74.9/ 32 Water Valve 69.2'RT 69.2'RT Adjust Elevation Pavement Elevation Change V 0 0.5 33 Water Valve 31+93.6/ 31+9;.8! Adjust Elevation Pavement Elevation Change V 0 0.5 101.5'LT 101.5'LT 31+99.7/ 31+99.9/ Deflect 8"Water Main 34 8"Water Main 58.6'LT 38.6'LT vertically 12"below the Drainage Construction 1118 0 5 24"STS Pipe 36+13.0/ 36+37.N 8"Water Main to be 35 8"Water Maindefected to avoid drainage Drainage Construction 1118 0 5 83.4'LT 69.5'LT structure 8"Water Main to be 37+67.0/ 37+86.01 deflected to west 36 8"Water Main 70.9'LT 116.3'RT horizontally to avoid Bridge Widening IIB 0 8 bridge widening foundation construction Financial Project ID:435804-1-52-01 Docusign Envelope ID:701 Dl 51 C-A105-4744-B4FB-708010AA8894 RW 1440001 FAC 7/0-01606 FLORIDA DEPARTMENT OF TRANSPORTATION 1/70/046 UTILITY WORK SCHEDULE 12/16 Paps 6 a6 Utility Company: City of Boynton Beach FDOT Plans Dated:7/12/2024 SECTION C:UAO's WORK ACTIVITIES Consecutive Act.No. Utility Facility Frau To Utility Work Activity Depeadeat TCP Phase Calendar Days (type,she.material,status) Station/Offset Station/Offset Description Activity Prier to During Cont. Coast Support and Protect 6" 37 6"Sanitary Sewer Service 46+14.2/ Sanitary Sewer lateral Drainage Construction 11IB 0 1 52.3'LT 52.3'LT during drainage constrcution I Support and Protect 6" 38 6"Sanitary Sewer Service 46+36.4/ 46+36.4/ Sanitary Sewer lateral Gravity Wall Construction IIB 0 1 83.0'RT 83.0'RT during gravity wall construction 44+17.8/ 51+32.4/ 16'Water Main to be 39 16"Water Main q6,0 RT 46.1'RT deflected 12"below STS Drainage Construction 115 0 10 Pipes Supported Protect 50+43.3/ 50+43.3/ Sanitary Sewer Service 40 Sanitary Sewer Service58.7'RT 58.7 RT during gravity wall Gravity Wall Construction IIB 0 1 construction 41 Water Valve 51+39.1/ 51+39.1/ Adjust Elevation Roadway Widening IIB 0 0.5 41.9'RT 41.9'RT _ 51+42.7/ 51+42.7/ Fire Hydrant to be 42 Fire Hydrant relocated to the back of Roadway Widening 1113 0 2 42.6'RT 56.3'RT sidewalk 43 6"Water Main 51+38.0/ 51+38.0/ Ste and Protect " Mai during Drainage Construction tIB o 2 0.7'LT 0.7'LT drainage construction 44 Water Valve SIMI.G' 51+41.4/ Adjust Elevation Pavement Elevation Change V 0 0.5 27.7'LT 27.7'LT 45 Sanitary Sewer Manhole 51+44.8/ 51+44.g/ Adjust Elevation Pavement Elevation Change V 0 1 0.5'LT 0.5'LT 52+29.4/ 52+29.4/ Support&Protect 2" 46 2"Water Main 47.3'RT 47.3'RT Water Main during Drainage Construction IIB 0 I drainage construction 52+75.1/ 52+75.1/ Support&Protect 2" 47 2"Water Main 45.9'RT 45.9'RT Water Main during Drainage Construction IIB 0 I drainage construction 48 Water Valve 52+78.2/ 52+78.2/ Adjust Elevation Pavement Elevation Change V 0 0.5 18.T/LT 18.T/LT 6"Water Main to be 52+79.8/ 52+78.9/ deflected horizontally and 49 6"Water Main 16.6'/LT 38.6'/LT vertically 12"below the Drainage Construction 1115 0 5 18'STS Pipe 53+14.3/ 53+14.3/ Support&holed 8" 50 8"Sanitary Sewer Sanitary Sewer during Drainage Construction IIIB 0 1 37.89LT 37.6'/LT drainage construction 53+14.4/ 53+14.4/ Support&Protea 8" 51 8"Sanitary Sewer Sanitary Sewer during Drainage Construction 111B 0 1 44.07LT 44.07LT drainage construction Docusign Envelope ID:701 Dl 51 C-A105-4744-B4FB-708010AA8894 Run 14J6 007 FAC FLORIDA DEPARTMENT OF TRANSPORTATION 710-07606 UTILITY WORK SCHEDULE ROUTES t`+b e Pepe.ata Consecutive Act.Na. Utility Fadlity Front To Utility Work ActivityDepenDdent TCP Phase Calendar Days (type.slze,material,status) Stati.WOihd Statioa/Olhet Description Activity Prior to Dining Coit. Cwt. 53+14.7/ 53+14.7/ Support&Protect r 52 r Sanitary Sewer 30.2'/LT 30.2'/LT Sante Sewer during Drainage Construction IIB 0 I drainage construction 53 Sewer Manhole 53+15.6/ 53+15.6/ Adjust Elevation Median Construction IV 0 1 5.6'/RT 5.67RT 54 Water Valve 53+15.7/ 53+15.7/ Adjust Elevation Pavement Elevation Change V 0 0.5 I5.47LT I5.47LT Support and Protect 4" 54+14.0/ 54+14.0/ Sanitary Sewer Service 55 4"Sanitary Sewer Service 41.4'/RT 41.4'/RT during drainage Drainage Construction IIB 0 1 construction 56 Water Meter 54+58.7/ 54+58.7/ Adjust Elevation Sidewalk Construction 118 0 0.5 49.7/RT 49.7/RT 57 Sanitary Sewer Manhole 6.9/R 56+22.8/ 56+22.8/ Adjust Elevation Median Construction IV 0 1 6.9'/RT 6.9'/RT 58 Water Meter 56+31.8/ 56+31.8/ Adjust Elevation Sidewalk Construction 1118 0 0.5 25.87LT 25.87LT Support and Protect 6" 6"Water Main in 12"Sleeve 179+83.7/ 179+83.7/ Water Main during 59 Ramp A 03'/LT 0.37LT temporary sheet pile wall Temporary Sheet Pik Wall Construction IIB 0 2 construction 6"Water Main in 12"Sleeve 179+88.0/ 179+88.0/ Support and Protect 6" 60Ramp A 25.3'/LT 25.3'/LT Water Main during MSE MSE Wall Construction 118 0 2 wall construction 6"Water Main in 12"Sleeve 179+91.7/ 179+88.4/ Relocate 6"WM in 12' 61 Rang A 47.5'/LT 28.6'/LT Sleeve to go under Drainage Consruction 118 0 5 drainage km Support and Protect 16" 16"Water Main in 30"Sleeve 183+45.2/ 183+45.2/ Water Main during 62 Rang A 12'/LT I2'/LT temporary sheet pile wall Teatponty Sheet Pik Wall Constna:tion IIB 0 2 rnaruction 16"Water Main in 30"Sleeve 183+51.0/ 183+51.0/ Support and Protect 16 63 Ramp A 25.3'/LT 25.3'/LT Water Main during MSE MSE Wall Construction 118 0 2 wall construction 20"Force Main in 36"Sleeve 272+89.5/ 272+89.5/ Support and Protect 20" 64 Ramp B 30.3'/RT 30.3'IRT Force Main during Drainage Construction 118 0 2 drainage conammtion 20"Force Main in 36"Sleeve 272+95.3/ 272+95.3/ Support and Protect 20" 65 Force Main during Sheet Sheet Pile Wall Construction 1180 2 Ramp B 46.87RT 46.87RT Pile Wall Construction 6"Water Main in 12"Sleeve 279+65.0/ 279+65.0/ Support and Protect 6" 66 Ramp B 19.0'/RT 19.0'/RT Water Main during Drainage ConsWction 11B 0 2 drainage cenmudion 16"Water Main in 30"Sleeve 282+95.3/ 283+95.3/ Support and Protect 16' 67 Ramp B 33.3'/RT 33.3'/RT Water Main during Drainage Construction 118 0 2 dainage construction Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 EXHIBIT B RW 14-40 001 FA.0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710010.00 UTILITY WORK ESTIMATE UTILITIES 12/16 FDOT PROJECT INFORMATION Financial Project ID: 435804-1-56-03 Federal Project ID: D418-023-B State Road Number: 804 County:Palm Beach FDOT Plans Dated: 07/19/2024 District Document No.:AT174 UTILITY AGENCY/OWNER(UAO) aunty.. mpany: City of Boynton Beach Job No.or Work Order No.: UAO Project Rep:Keith Webber Phone:561-742-6454 E-mail:webberKebbel.us UAO Field Rep: Brandon Eckenwiler Phone: E-mail:EdumwilerBQbbn.us SECTION A:ITEMIZED COST ESTIMATE Item Cost(8) Overhead(%) Item Cost+Overhead(5) Item RAM or•%•.-. L..Met MI) Preliminary Engineering $80,000.00 10% $88,000.00 Right of Way Acquisition $0.00 0% $0.00 Construction Engineering $60,000.00 10% $66,000.00_ Construction Labor 0 Materials and Supplies 0 Transportation&Equipment 0 Contract Construction $912,757.99 10% $1,004,033.79 Miscellaneous Expenses 0 Total Cost Estimate h $1,158,033.79 SECTION B:DEDUCTIONS SECTION C:REIMBURSEMENT Item Item Value(5) Total Cost Estimate from $1,158,033.79 SECTION A=> Salvage Value $0.00 Total Deductions from $0.00 SECTION B=> Betterment $0.00 Extended Service Life $0.00 Total Reimbursement*> $1,158,033.79 Total Deductions so. $0.00 *Update the estimated Total Reimbursement for changes in excess of 10% UTILITY SIGNATURE UAO Rep. �cai/L coo-Me/L. Date 8/8/2024 Name Keith Webber.P.E. Title Assistant Director.Enaineerino Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ zi (Appendix A of Assurances) Financial Project ID: 435804-1-56-03 Federal Project ID: D424 041 B County: Palm Beach State Road No.: 9 District Document No: AT174 Utility Agency/Owner(UAO): City of Boynton Beach During the performance of this Agreement,the Utility Agency Owner(UAO),for itself,its assignees and successors in interest(hereinafter referred to as the UAO), agrees as follows- (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION(hereinafter referred to as the DEPARTMENT)relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the"Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO,with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors,including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A& B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America"Requirements:The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision,"steel and/or iron products"means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content,physical shape or size,or final finish of a product,beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1%of the total amount of this Agreement,or$2,500.00 whichever is greater.The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. (5) Additional "Buy America" Requirements: The UAO will comply with 2 CFR 184 and 2 CFR 200.322, which includes the Buy America Preferences for Infrastructure Projects of the Build America, Buy America Act(BABA) and Domestic Preferences for Procurements. The UAO will use Manufactured Products that are consumed in, incorporated into,or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements and applicable waivers. The UAO will use non-ferrous metals,plastic and polymer-based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements. As used in 2 CFR 184, "construction material" means materials that are predominately non-ferrous metals, plastic and polymer-based products, glass, optical fiber, fiber optic cable, lumber, and drywall articles, materials, and supplies that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means construction materials that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating or as defined in 2 CFR 184. If a construction material is taken outside the United States for any manufacturing process, it becomes foreign source construction material. Docusign Envelope ID:701 D151 C-A105-4744-B4FB-708010AA8894 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 110-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS UTILITIES cc na (Appendix A of Assurances) The UAO will retain documentation verifying compliance with the Build America, Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Build America, Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410. The UAO certifies that all products that are predominately construction materials are domestic products in compliance with the Buy America provisions of 2 CFR 184. The UAO certifies that all manufactured products are domestic products in compliance with the Buy America provisions of 2 CFR 184 and applicable waivers." (6) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto,and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (7) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs(1)through(4),the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (8) Incorporation of Provisions: The UAO will include the provisions of paragraph (1)through(6)in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor,supplier or lessor as a result of such direction,the UAO may request the State to enter into such litigation to protect the interests of the State,and,in addition,the UAO may request the United States to enter into such litigation to protect the interests of the United States.