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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 X UTILITIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGc-06/19 <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 UAO 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 UAO 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 />John M. Boyer, P.E., Indian River County Dept. of Utility Services <br />1801 - 27"' Street, Vero Beach, FL 32908 <br />jboyer@ircgov.com (772)226-1823 <br />If to the FDOT: <br />Yenny Soca, P.E., Interim District Utilities Administrator <br />3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 <br />Yenny.Soca@dot.state.fl.us (954)777-4128 <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 />
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