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710-010-22
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
<br />UTILIES
<br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGc-06/19
<br />(AT UTILITY EXPENSE)
<br />(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
<br />Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
<br />(3) Pursue any other remedies legally available.
<br />c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
<br />agreements between the parties nor from any statutory obligations that either party may have with regard
<br />to the subject matter hereof.
<br />7. Force Majeure
<br />Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to
<br />the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
<br />beyond the control of the non-performing party and which could not have been avoided or overcome by the
<br />exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
<br />notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
<br />effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
<br />8. Indemnification
<br />FOR GOVERNMENT-OWNED UTILITIES,
<br />To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its
<br />officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
<br />acts, action, error, neglect, or omission by the LIAO, its agents, employees, or contractors during the
<br />performance of the Agreement, whether direct or indirect, and whether to any person or property to which
<br />FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
<br />be liable under this section for damages arising out of the injury or damage to persons or property directly
<br />caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the
<br />performance of this Agreement.
<br />When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the
<br />performance of services required under this Agreement, the FDOT will immediately forward the claim to the
<br />UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen
<br />(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT
<br />will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
<br />to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a
<br />claim shall not release the LIAO from any of the requirements of this section. The FDOT and the LIAO will pay
<br />their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
<br />participates in the defense of the claim at trial, that party is responsible for all costs.
<br />FOR NON -GOVERNMENT-OWNED UTILITIES,
<br />The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees
<br />from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
<br />omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
<br />whether direct or indirect, and whether to any person or property to which FDOT or said parties may be
<br />subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
<br />damages arising out of the injury or damage to persons or property directly caused by or resulting from the
<br />negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement.
<br />The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate
<br />and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement
<br />negotiations, shall arise within fourteen (14) days of receipt by the LIAO of the FDOT's notice of claim for
<br />indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
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