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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT uTiLme4 <br />(AT FDOT EXPENSE) <br />of any objections. In the event that the parties cannot come to an agreement as to the UAO <br />Participating Amount, the FDOT's determination of the amount shall prevail. <br />2. Performance of Utility Work <br />a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. <br />b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's <br />requirements. <br />C. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure <br />that it is properly performed in accordance with the Plans Package except for the following activities: <br />General Engineering Inspection <br />and will furnish the FDOT with daily diary records showing approved quantities and amounts for <br />weekly, monthly, and final estimates in accordance with the format required by the FDOT. <br />d. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in <br />accordance with Subparagraph 2. c., the FDOT will perform all contract administration for its <br />construction contract. <br />e. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the <br />performance of the Utility Work. <br />f. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for <br />coordinating and cooperating with the FDOT's engineer. In so doing, the LIAO shall make such <br />adjustments and changes in the Plans Package as the FDOT's engineer shall determine are <br />necessary for the prosecution of the Project. <br />g. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's <br />contract documents are mailed to Tallahassee for advertisement of the Project unless those changes <br />fall within the categories of changes which are allowed by supplemental agreement to the FDOT's <br />contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the <br />change or the timing of the change, shall be subject to the prior approval of the FDOT. <br />Cost of Utility Work <br />Except as otherwise provided herein, the FDOT shall be responsible for all costs of the Utility Work <br />and all costs associated with any adjustments or changes to the Utility Work determined by the <br />FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans <br />Package and the increase in the cost of performing the Utility Work, unless the adjustments or <br />changes are necessitated by an error or omission of the UAO. The FDOT shall not be responsible <br />for the cost of delays caused by such adjustments or changes to the extent they are attributable to <br />the UAO pursuant to Subparagraph 4.a. <br />At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the UAO <br />Participating Amount, determined in accordance with Subparagraph 1.m. hereof. <br />C. At least the (30) days prior to the date on which the FDOT advertises the Project for bids, the UAO <br />will pay to the FDOT the UAO Participating Amount. <br />d. If the UAO's percentage contribution to the portion of the bid of the contractor selected by the FDOT <br />which is for performance of the Utility Work (calculated by dividing the UAO's Participating Amount <br />by the amount of the FDOT's official estimate) exceeds the amount of the deposit made pursuant to <br />Subparagraph c. above, then the UAO shall, within fourteen (14) calendar days from notification from <br />the FDOT, or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to <br />the FDOT to bring the total amount paid to the total percentage contribution of the UAO. If said <br />Page 3 of 9 <br />