Laserfiche WebLink
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 7 S <br /> uTILITIiunEs <br /> UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGG-11.14 <br /> (AT UTILITY EXPENSE) <br /> UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused <br /> because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the <br /> UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the <br /> FDOT solely negligent shall excuse performance of this provision by the UAO The UAO shall pay all costs <br /> and fees related to this obligation and its enforcement by the FDOT The FDOT's delay in notifying the UAO <br /> of a claim shall not release UAO of the above duty to defend <br /> 9. Miscellaneous <br /> a Time is of essence in the performance of all obligations under this Agreement. <br /> b The Facilities shall at all times remain the property of and be properly protected and maintained by <br /> the LIAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans <br /> Package is prepared and the current utility permit for the Facilities, provided, however, that the UAO <br /> shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor <br /> has that obligation as part of the Utility Work pursuant to the FDOT's specifications. <br /> c The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all <br /> documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida <br /> Statutes, and made or received by the UAO in conjunction with this Agreement. <br /> d This Agreement constitutes the complete and final expression of the parties with respect to the <br /> subject matter hereof and supersedes all prior agreements, understandings, or negotiations with <br /> respect thereto,except that the parties understand and agree that the FDOT has manuals and written <br /> policies and procedures which may be applicable at the time of the Project and the relocation of the <br /> Facilities <br /> e This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to <br /> be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining <br /> portions hereof. <br /> f All notices required pursuant to the terms hereof may be sent by first class United States Mail, <br /> facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by <br /> the end of five business days from the proper sending thereof unless proof of prior actual receipt is <br /> provided. The LIAO shall have a continuing obligation to notify each District of the FDOT of the <br /> appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in <br /> writing, notices shall be sent to the following addresses <br /> If to the UAO <br /> Arjuna Weragoda, P.E , Capital Projects Manager <br /> 1801 27"'Street, Building A, Vero Beach, FL 32960 <br /> AWeragoda@ircgov.com 772-226-1821 <br /> If to the FDOT <br /> Tim Brock, P.E , District Utility Engineer <br /> 3400 W Commercial Blvd, Fort Lauderdale, FL 33309 <br /> Tim Brock@dot.state.fl.us 954-777-4125 <br /> 10. Certification <br /> This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by <br /> the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes <br /> To Form Document and no change is made in the text of the document itself. Hand notations on affected <br /> portions of this document may refer to changes reflected in the above-named Appendix but are for reference <br /> purposes only and do not change the terms of the document. By signing this document, the UAO hereby <br /> represents that no change has been made to the text of this document except through the terms of the <br /> Page 8 of 9 <br />