2016-29393 Reso RESOLUTION NO. 2016-29393
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) TO DESIGN, RELOCATE
AND UPGRADE CITY-OWNED UTILITIES LOCATED ALONG FDOT'S STATE
ROAD (S.R.) 907/ALTON ROAD FROM ED SULLIVAN STREET/43rd STREET
TO 63K° STREET (FM # ID 430444-1-56-01), A COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1; AND THE REQUIRED
THREE PARTY ESCROW AGREEMENT, A COPY OF WHICH AGREEMENT
IS ATTACHED HERETO AS EXHIBIT 2.
WHEREAS, the Florida Department of Transportation (FDOT) is planning to construct
certain infrastructure improvements along Alton Road/State Road .(S.R.) 907 from Ed
Sullivan/43rd Street to 63rd Street(the FDOT Project); and
WHEREAS, the FDOT Project will require the design and construction of roadway
reconstruction, drainage improvements (including Storm Water Pump Stations), intersection
improvements, milling and resurfacing, adjustment of valves and manholes, sidewalk and curb
ramps, signing and pavement markings signalization; and
WHEREAS, the FDOT Project will impact existing City-owned utility facilities along Alton
Road; and
WHEREAS, the FDOT Project requires the relocation of the impacted City-owned utility
facilities; and
WHEREAS, the FDOT and the City have determined that it would be advantageous to
both parties to enter into an Agreement providing for the design of the utility relocation work by
the Engineer designing the Project for the FDOT; and
WHEREAS, the parties desire to enter into a "Utility Design" construction contract which
is necessary for the FDOT Consultant Engineer to develop engineering plans and construct the
relocation of upgrades to City-owned utility facilities as part of the FDOT Project, and
WHEREAS, the parties desire to enter into a Three Party Escrow Agreement which is
necessary to establish an interest bearing escrow account for the purposes of the FDOT Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute an Agreement with the
Florida Department of Transportation (FDOT) to design, relocate and upgrade City-owned
utilities located along FDOT's State Road (S.R.) 907/Alton Road project from Ed Sullivan
Street/43rd Street to 63rd Street (FM # 430444-1-56-01), a copy of which agreement is attached
hereto as Exhibit 1, and the requir uttee Party Escrow Agreement, a copy of which
agreement is attached hereto as _�., • t 2.pok Ala
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R.'ael Granado, City Clerk �;;':� ' , Ff4fiicv e •i'ie ,: 'or & FaR E ECUTION
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City Attorney,. , Dote
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FP #
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), and the City of Miami Beach ("Participant"), and the
State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and
shall become effective upon the Agreement's execution by Escrow Agent.
WHEREAS,.FDOT and Participant are engaged in the following project ("Project"):
Project Name:
Project#:
County:
WHEREAS, FDOT and Participant desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit will be made into an interest bearing escrow account
established hereunder for the purposes of the Project. The escrow account will
be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's
receipt and execution of this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
3. Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow
account with the Escrow Agent and shall have sole authority to authorize
withdrawals from the account. Withdrawals will only be made to FDOT or the
Participant in accordance with the instructions provided to the Escrow Agent by
FDOT's Comptroller or designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously.
Income is only earned on the moneys while invested. There is no guaranteed
rate of return. Investments in the escrow account will be assessed a fee in
accordance with Section 17.61(4)(b), Florida Statutes. All income of the
investments shall accrue to the escrow account.
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
Page 1 of 3
FP #
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to
Participant upon request.
8. The Escrow Agent further agrees to provide quarterly reports to FDOT
concerning the escrow account. FDOT agrees to provide a copy of such
quarterly reports to Participant upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act
done or omitted by it in good faith, or for anything which it may in good faith do or
refrain from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and Participant, nor from any separate
agreements between FDOT and Participant and shall have no responsibility to
monitor or enforce any responsibilities herein or in any separate agreements
associated with this Agreement between FDOT and Participant.
11. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument.
13. This Agreement shall terminate disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
Page 2 of 3
FP#
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-00C (signature) For PARTICIPANT (signature)
Name and Title Name and Title
59-3024028
Federal Employer I.D. Number Federal Employer I.D. Number
Date Date
APPROVED AS TO
FDOT Legal Review: FORM & LANGUAGE
& FOR EtXECUTION
5 (3iq°
City Attorney Date
For Escrow Agent (signature)
Name and Title
Date
Page3of3
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City of Miami Beach, Florida, Approving And
Authorizing The City Manager To Execute An Agreement With The Florida Department Of Transportation
(FDOT)To Design, Relocate And Upgrade City-Owned Utilities Located Along FDOT's State Road(S.R.)
907/Alton Road From Ed Sullivan Street/43rd Street To 63rd Street(FM#ID 430444-1-56-01),A Copy Of
Which Agreement Is Attached Hereto As Exhibit 1;And The Required Three Party Escrow Agreement,A
Copy Of Which Agreement Is Attached Hereto As Exhibit 2.
Key Intended Outcome Supported:
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan,etc.): According to the 2014 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents' quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will
make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a
place to live.
Issue:
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
The Florida Department of Transportation(FDOT)is planning to construct improvements on Alton Road/SR 907 from
Ed Sullivan Street/43rd Street to 63rd Street(Project). Construction is scheduled to begin in November 2020. The
Project will include roadway reconstruction,drainage improvements including storm water pump stations,intersection
improvements, milling and resurfacing, adjustment of valves and manholes, sidewalk and curb ramps, signage
pavement markings and signalization.The Project will impact existing City-owned utilities on Alton Road. As such,
the impacted utilities will require relocation as part of the Project. The design of the City-owned utility facilities
relocation and upgrades by the engineer designing the project for FDOT requires the execution of a Utility Design by
FDOT Consultant Agreement between the FDOT and the City of Miami Beach.
This agreement stipulates that the engineering consultant designing the Project for FDOT will be responsible for the
design of the City-owned utilities, including relocation and upgrades to be constructed as part of the Project. The
design fees shall be funded by the City of Miami Beach. The FDOT Consultant shall be responsible for the design of
all utility work, including location (vertically and horizontally), protection, relocation, installation, adjustment, or
removal of utilities owned by the City of Miami Beach that are affected by the Project.The utility design work will be
funded by the City.
Simultaneously with the JPA, FDOT,the City,and the Department of Financial Services,Division of Treasury,shall
enter into a Three Party Escrow Agreement (exhibit 2) to establish an interest bearing escrow account for the
purposes of the project.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
2 _
3
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Bruce Mowry, City Engineer, x. 6565
Sign-Offs:
Department Director Assistant Cit ana er City M •er
JJF ETC / JL
T:\AGENDA\2015\December\PUBLIC WORKS\FDOT Utility Design Agreement for Alton Road 43-63 ST.S ARY.doc
AGENDA ITEM (-- ?/'I MIAMI BEAC H.(131° DATE ��
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO # OMMI SION MEMORANDUM
TO: Mayor Philip Levine and Member.. of the CI Commission
FROM Jimmy Morales, City Manager
DATE: May 11, 2016
SUBJECT: A RESOLUTION OF THE MAYO' AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION(FDOT)TO DESIGN, RELOCATE AND UPGRADE CITY-OWNED
UTILITIES LOCATED ALONG FDOT'S STATE ROAD(S.R.)907/ALTON ROAD FROM
ED SULLIVAN STREET/43rd STREET TO 63RD STREET(FM#ID 430444-1-56-01),A
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT 1; AND THE
REQUIRED THREE PARTY ESCROW AGREEMENT, A COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AS EXHIBIT 2.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
FUNDING
Future Water& Sewer Bonds
BACKGROUND
The Florida Department of Transportation (FDOT) is planning to construct improvements on Alton
Road/SR 907 from Ed Sullivan Street/43rd Street to 63rd Street(Project). Construction is scheduled
to begin in November 2020. The Project will include roadway reconstruction, drainage
improvements including storm water pump stations, intersection improvements, milling and
resurfacing, adjustment of valves and manholes, sidewalk and curb ramps, signage, pavement
markings and signalization. The Project will impact existing City-owned utilities on Alton Road. As
such, the impacted utilities will require relocation as part of the Project. The design of the City-
owned utilities relocation and upgrades by the engineer designing the Project for FDOT requires the
execution of a Utility Design by FDOT Consultant Agreement between FDOT and the City of Miami
Beach.
ANALYSIS
FDOT requires that the City execute the Utility Design by FDOT Consultant Agreement(attached), in
order to provide for the implementation of the necessary roadway reconstruction, drainage
improvements including storm water pump stations, intersection improvements, milling and
resurfacing, adjustment of valves and manholes, sidewalk and curb ramps, signage, pavement
markings and signalization along Alton Road/S.R. 907 from 43rd Street to 63rd Street, as part of the
City Commission Memorandum—FDOT Agreements for Alton Road/S.R. 907 from 43rd Street to 63rd Street
May 11, 2016
Page 2 of 2
Project (FM No. 430444-1-56-01).
This agreement stipulates that the engineering consultant designing the Project for FDOT will be
responsible for the design of the City-owned utilities, including relocation and upgrades to be
constructed as part of the Project. The design fees shall be funded by the City of Miami Beach. The
FDOT Consultant shall be responsible for the design of all utility work, including location (vertically
and horizontally), protection, relocation, installation, adjustment, or removal of utilities owned by the
City of Miami Beach that are affected by the Project.
Simultaneously with the JPA, FDOT,the City, and the Department of Financial Services, Division of
Treasury, shall enter into a Three Party Escrow Agreement (exhibit 2) to establish an interest
bearing escrow account for the purposes of the project.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize the
City Manager to execute the Utility Design by FDOT Consultant Agreement and the Three Party
Escrow Account Agreement for the project with FDOT.
Attachment:
Exhibit 1. Utility Design by FDOT Consultant Agreement
Exhibit 2. Three Party Escrow Agreement
JLM/ C BAM/WRB/JMR
T:\AGENDA\2016\May\PUBLIC WORKS\FDOT Utility Design Agreement for Alton Road 43-63 ST.memo.doc
•
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FOOT CONSULTANT AGREEMENT UTILITIES
11/1.4
(AT UTILITY EXPENSE) I Exhibit 1
Financial Project ID: Federal Project ID:
County: State Road No.:
District Document No:
Utility Agency/Owner(UAO):
THIS AGREEMENT,entered into this day of ,year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT," and
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 ,State Road No.: , 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 DEPARTMENT and the UTILITY have determined that it would be to the best interest of the
general public and to the economic advantage of both parties to enter into an agreement providing for the design of the
Utility Work by the engineer designing the Project for the FDOT, hereinafter referred to as the "FDOT Consultant,"
which design of the Utility Work shall hereinafter be referred to as the"Utility Design"; and
WHEREAS,the UAO, pursuant to the terms and conditions hereof,will bear certain costs associated with the
Utility Design;
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. FDOT Consultant shall prepare,at the UAO's sole cost and expense,final engineering design,plans,
other necessary related design documents,and cost estimate for the Utility Work(hereinafter referred
to as the "Plans Package") more specifically described in the FDOT's Supplemental Agreement#
to Consultant Design Services Contract.
b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project.
c. 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 is updated and
conflicts with the FDOT's 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
Page 1 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
(AT UTILITY EXPENSE) 11/14
accordance with the FDOT's guidelines on preparation of technical special provisions.
f. The FDOT Consultant shall provide a copy of the proposed Plans Package to the UAO,for review at
the following stages: . The UAO shall review the Plans Package to see that it complies with the
requirements of this Agreement.
g. In the event the UAO finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the UAO will notify the FDOT in writing of the deficiencies within
the time specified in the plans review transmittal.
h. The UAO shall furnish the FDOT such information from the UAO files as requested by the FDOT.
The Facilities and the Utility Design will include all utility facilities of the UAO which are located within
the limits of the Project,except as generally summarized as follows: .These exceptions shall be
handled by separate arrangement.
2. Cost of Design
a. The UAO shall be responsible for all costs of the Utility Design.
b. The UAO agrees that it will, at least ( )days prior to the FDOT issuing the Supplemental
Agreement referred to in Paragraph 1 hereof,furnish the FDOT an advance deposit of$ for the
payment of said Utility Design. It is understood that the FDOT's Consultant shall not begin any Utility
Design until the FDOT has received the above payment and that if such payment is not received on or
before this Agreement shall be null and void. The FDOT shall utilize this deposit for the
payment of Utility Design. Both parties further agree that in the event the final billing pursuant to the
terms of Subparagraph 2. d. below is less than the advance deposit, a refund of any excess will be
made by the FDOT to the UAO. No work in excess of the advance deposit shall be done. In the event
that it is subsequently determined that work in addition to that described in the Supplemental
Agreement described in Paragraph 1 hereof is necessary in order to properly complete the Utility
Design, the UAO shall make an additional deposit in the amount necessary to issue a subsequent
Supplemental Agreement to the FDOT Consultant for the additional work.
c. The payment of funds under this Agreement will be made(choose one):
❑ directly to the FDOT for deposit into the State Transportation Trust Fund.
❑ as provided in the attached Three Party Escrow Agreement between the UAO,the FDOT and
the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and the
FDOT Comptroller's Office prior to execution of this agreement.
d. Upon final payment to the FDOT Consultant, the FDOT intends to have its final and complete
accounting of all costs incurred in connection with the Utility Design 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 accordance with Section 215.422, Florida Statutes.
3. Default
a. In the event 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:
Page 2 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
(AT UTILITY EXPENSE) 11/14
(1) Terminate this Agreement if the breach is material and has not been cured within 60 days
from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within 60 days from written notice
thereof from the FOOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) 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 the FOOT 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) 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 or from any statutory obligations that either party may have with
regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT 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
FOOT 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 FOOT 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 FOOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a claim
shall not release the UAO from any of the requirements of this section. The FOOT 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 FOOT 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,
Page 3 of 6
1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
(AT UTILITY EXPENSE) 11/14
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.
5. 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.
6. Miscellaneous
a. Time is of the essence in the performance of all obligations under this Agreement.
b. 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.
c. 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.
d. 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.
e. 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:
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
(AT UTILITY EXPENSE) 11/14
If to the UAO:
If to the FDOT:
7. 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:
BY: (Signature) DATE:
(Typed Name: )
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
Page 5 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No.710-010-56
UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES
(AT UTILITY EXPENSE) 11/14
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: )
(Typed Title: )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
(Typed Name: )
(Typed Title: )
Page 6 of 6