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2019-098
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Last modified
11/18/2019 10:39:30 AM
Creation date
11/18/2019 10:39:00 AM
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Resolutions
Resolution Number
2019-098
Approved Date
11/05/2019
Agenda Item Number
8.T.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Utility Work by Highway Contractor Agreement
Area
A1A/Tides Road from N of SR60 to N of CR510
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710-010-22 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES <br />UTILIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Occ-06/19 <br />(AT UTILITY EXPENSE) <br />the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for <br />mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility <br />Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and <br />Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); <br />plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for <br />changes to the Utility Work during the construction of the Project (the Contingency Fund). <br />Payment of the funds pursuant to this paragraph will be made (choose one): <br />® directly to the FDOT for deposit into the State Transportation Trust Fund. <br />❑ as provided in the attached Three Party Escrow Agreement between UAO, FDOT and <br />the State of Florida, Department of Financial Services, Division of Treasury. Deposits of <br />less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to <br />execution of this agreement. <br />e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds <br />the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in <br />accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding <br />FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work <br />from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or <br />prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to <br />bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus <br />Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes <br />apparent the accepted bid amount plus allowances and contingency is in excess of the advance <br />deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its <br />obligation to pay for its full share of project costs on final accounting as provided herein below. In the <br />event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the <br />additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on <br />deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the <br />additional amount, regardless of when the accepted bid is posted. <br />If the accepted bid amount plus allowances and contingency is less than the advance deposit <br />amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus <br />allowances and contingency if such refund is requested by the UAO in writing and approved by the <br />Comptroller of the FDOT or his designee. <br />g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will <br />be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work <br />being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully <br />fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent <br />the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO <br />shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting <br />as provided herein below. <br />The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The <br />Contingency Fund may be used for increases in the cost of the Utility Work which occur because of <br />quantity overruns or because of adjustments or changes in the Utility Work made pursuant to <br />Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written <br />concurrence of the person delegated that responsibility by written notice from the UAO. The <br />delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses <br />to provide written concurrence promptly and the FDOT determines that the work is necessary, the <br />FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of <br />Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO <br />shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an <br />additional 10% of the total obligation of the UAO for the cost of the Utility Work established under <br />Page 4 of 9 <br />
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