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2019-185A
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2019-185A
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Last modified
12/10/2019 5:10:10 PM
Creation date
12/10/2019 5:07:39 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/05/2019
Control Number
2019-185A
Agenda Item Number
8.T.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Utility Work by Highway Contractor Agreement
Adjustment of Valve Boxes and Manhole Rims
Area
Highway A1A
Project Number
438042-1-52-02
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BioIL an <br />UTILITIES <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 LIAO, 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 />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 LIAO 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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