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S TATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT unur 14 (AT FDOT EXPENSE) portion of the bid is less than the amount on deposit, the excess deposit shall be returned to the UAO in accordance with Section 215.422, Florida Statutes. e. The FDOT may use the funds paid by the LAO for payment of the cost of the Utility Work. f. Payment of the funds pursuant to this paragraph 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 FDOT Comptroller's Office prior to execution of this agreement. g. Upon final payment to the contractor, the FDOT intends to have its final and complete billing of all costs incurred in connection with the Utility Work within three hundred sixty (360) days. All cost records and accounts shall be subject to audit by a representative of the LIAO within three (3) years after final close out of the Project. 4. Claims Against LIAO The LIAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the LIAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the LIAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans Package. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The LIAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by LIAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The LIAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The LIAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly Page 4 of 9