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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-56 UTILITY DESIGN BY FDOT CONSULTANT AGREEMENT UTILITIES (AT UTILITY EXPENSE) 11/14 f. The FDOT Consultant shall provide a copy of the proposed Plans Package to the UAO, for review at the following stages: Constructability & Biddability. The UAO shall review the Plans Package to see that it complies with the requirements of this Agreement. g. In the event the UAO finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the UAO will notify the FDOT in writing of the deficiencies within the time specified in the plans review transmittal. h. The UAO shall furnish the FDOT such information from the UAO files as requested by the FDOT. i. The Facilities and the Utility Design will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. 2. Cost of Design a. The UAO shall be responsible for all costs of the Utility Design. b. The UAO agrees that it will, at least thirty (30) days prior to the FDOT issuing the Supplemental Agreement referred to in Paragraph 1 hereof, furnish the FDOT an advance deposit of $755,000.00 for the payment of said Utility Design. It is understood that the FDOT's Consultant shall not begin any Utility Design until the FDOT has received the above payment and that if such payment is not received on or before 06/01/20 this Agreement shall be null and void. The FDOT shall utilize this deposit for the payment of Utility Design. Both parties further agree that in the event the final billing pursuant to the terms of Subparagraph 2. d. below is less than the advance deposit, a refund of any excess will be made by the FDOT to the UAO. No work in excess of the advance deposit shall be done. In the event that it is subsequently determined that work in addition to that described in the Supplemental Agreement described in Paragraph 1 hereof is necessary in order to properly complete the Utility Design, the UAO shall make an additional deposit in the amount necessary to issue a subsequent Supplemental Agreement to the FDOT Consultant for the additional work. C. The payment of funds under this Agreement will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund ® as provided in the attached Three Party Escrow Agreement between the UAO, the FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the Department of Financial Services and the FDOT Comptroller's Office prior to execution of this agreement. d. Upon final payment to the FDOT Consultant, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the Utility Design within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. Default In the event the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days Page 2 of 6