Fort Walton Beach Resolution — 2023-08 FDOT Utility Work Agreement-Brooks Bridge Replacement — reading text

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. 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 FOOT 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 TBO (Note: Intent of this line is to allow either atlachment 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 clairn 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 fo the intended claim. In the event the FDOT’s contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT’s contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. The FDOT may withhold reimbursement to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shail 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 $916,345.24. 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. The method to be used in calculating the cost of the Utility Work shall be one of the following (check which option applies): CJ Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Page 2 of 10 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 STATE OF FLGRIOM DEPARTMENT OF TRANB ROR TAT tity Form No 70-54 UTILITY WORK AGREEMENT uTLITiES (FDOT PARTICIPATING IN EXPENSE) CJ 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 shail provide written evidence of such approval}. bea An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior to the execution of this Agreement. 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 shail be applied as provided in Paragraph 4 c. 4. invoice Procedures for FOOT 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. |? reimbursement is on a lump sum basis pursuant to Subparagraph 3b. hereof, the lump sur invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below. 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 fram 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: 13568854-D02E-4D60-A472-FA11EDE67AC6 STATE OF FLORIDA DEP ARTIVENT OF TRARSENT ATION Form No 740.0410-54 UTILITY WORK AGREEMENT uTiLTies (FDOT PARTICIPATING IN EXPENSE) c. Allinvoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph 4. 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. Allinvoices shall be submitted in triplicate and shail 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 shail 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 UAQ’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. i. If a warrant in payment of an invoice is not issued within forty (40) days fram 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 UAQ. 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. f. 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 (B50) 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 staternent from the comptroller of the FDOT that funds are 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 Page 4 of 10 DocuSign Envelope ID: 13568854-D02E-4D60-A472-FA11EDE67AC6 §. STATE OF RONDA DEPARTMENT OF TRANSPORTATION Form No 71 Q(t Qhba UTILITY WORK AGREEMENT UTILITIES (FDOT PARTICIPATING IN EXPENSE) which are for an arnount 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. 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