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Last modified
12/22/2016 1:29:54 PM
Creation date
12/22/2016 1:29:52 PM
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Resolutions
Resolution Number
2016-128
Approved Date
12/20/2016
Agenda Item Number
8.F.
Resolution Type
Agreement
Entity Name
Florida Department of Transportation
Subject
Relocation water main 17th St.
Area
17th St. US Hwy 1 to 17th St. Causeway Bridge
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION nTL1T- <br /> 22 UTILITIESS <br /> UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ- 1-14 <br /> (AT UTILITY EXPENSE) <br /> Subparagraph 3 e for future use as the Contingency Fund <br /> i Upon final payment to the Contractor,the FDOT intends to have its final and complete accounting of <br /> all costs incurred in connection with the work performed hereunder within three hundred sixty(360) <br /> days. All project cost records and accounts shall be subject to audit by a representative of the UAO <br /> for a period of three(3)years after final close out of the Project. The UAO will be notified of the final <br /> cost. Both parties agree that in the event the final accounting of total project costs pursuant to the <br /> terms of this agreement is less than the total deposits to date,a refund of the excess will be made by <br /> the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final <br /> accounting of total project costs is greater than the total deposits to date, the UAO will pay the <br /> additional amount within forty(40) calendar days from the date of the invoice The UAO agrees to <br /> pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not <br /> paid within the time specified in the preceding sentence until the invoice is paid <br /> 4. Claims Against UAO <br /> a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its <br /> contractors caused by errors or omissions in the Plans Package(including inaccurate location of the <br /> Facilities)or by failure of the UAO to properly perform its obligations under this Agreement in a timely <br /> manner <br /> b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT <br /> relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will <br /> thereafter keep and maintain daily field reports and all other records relating to the intended claim. <br /> C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, <br /> the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and <br /> resolving the claim within a reasonable time Any resolution of any portion of the claim directly <br /> between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT <br /> concurrence and shall specify the extent to which it resolves the claim against the FDOT <br /> d The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any <br /> actual payment required)of all claims relating to the Utility Work. The right to withhold shall be limited <br /> to actual claim payments made by the FDOT to the FDOT's contractor. <br /> 5. Out of Service Facilities <br /> No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following <br /> terms and conditions shall apply to Facilities placed Out-of-Service <br /> a The UAO acknowledges its present and continuing ownership of and responsibility for out of service <br /> Facilities <br /> b The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the <br /> continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a <br /> breach of this Agreement by the UAO,the Facilities shall be removed upon demand from the FDOT <br /> in accordance with the provisions of Subparagraph e. below. <br /> c The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in <br /> accordance with any and all applicable local, state or federal laws and regulations and in accordance <br /> with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely <br /> responsible for gathering all information necessary to meet these obligations. <br /> d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, <br /> records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly <br /> respond to information requests of the FDOT or other permittees using or seeking use of the right of <br /> Page 5 of 9 <br />
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