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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-21 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL"I,4 (AT FDOT EXPENSE) of any objections. In the event that the parties cannot come to an agreement as to the UAO Participating Amount, the FDOT's determination of the amount shall prevail. 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by the FDOT. d. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. c., the FDOT will perform all contract administration for its construction contract. e. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. f. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. g. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. Except as otherwise provided herein, the FDOT shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the UAO. The FDOT shall not be responsible for the cost of delays caused by such adjustments or changes to the extent they/ are attributable to the UAO pursuant to Subparagraph 4.a. b. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the UAO Participating Amount, determined in accordance with Subparagraph 1.m. hereof. C. At least thirty (30) days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT the UAO Participating Amount. If the UAO's percentage contribution to the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work (calculated by dividing the UAO's Participating Amount by the amount of the FDOT's official estimate) exceeds the amount of the deposit made pursuant to Subparagraph c. above, then the UAO shall, within fourteen (14) calendar days from notification from the FDOT, or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total percentage contribution of the UAO. If said 170 Page 3 or 9