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Last modified
3/1/2021 2:44:06 PM
Creation date
4/14/2020 12:00:09 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/07/2020
Control Number
2020-064
Agenda Item Number
8.Q.
Entity Name
Department of Utility Services
and Florida Department of Transportation (FDOT)
Subject
Utility Work by Highway Contractor Master Agreement with FDOT; Utility Relocations -
I-95 & Oslo Road Interchange;
Project Number
FDOT Project #413048
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No, 710-010-64 <br />TILL <br />UTILITIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR MASTER AGREEMENT 11/14 <br />(AT UAO AND FDOT EXPENSE COMBINED) <br />Default <br />a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other <br />remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the <br />following options, provided that at no time shall the FDOT be entitled to receive double recovery of <br />damages: <br />(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from <br />written notice thereof from FDOT. <br />(2) Pursue a claim for damages suffered by the FDOT. <br />(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the <br />breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to <br />third parties. <br />(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT <br />or the public against payments due under this Agreement for the same Project. The right to offset <br />shall be limited to actual claim payments made by FDOT to third parties. <br />(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property <br />if the breach is material and has not been cured within 60 days from written notice thereof from <br />FDOT until such time as the breach is cured. <br />(6) Pursue any other remedies legally available. <br />(7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof <br />under Section 337.403(3), Florida Statutes. <br />b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other <br />remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the <br />following options: <br />(1) Terminate this Agreement if the breach is material and has not been cured within 60 days from <br />written notice thereof from the UAO. <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 />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 />Page 8 of 11 <br />
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