Common use of Performance of Utility Work Clause in Contracts

Performance of Utility Work. a. The UAO shall perform the Utility Work in accordance with the Schedule and the Plans. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO 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, Schedule, or Estimate (including inaccurate location of the Facilities); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by the UAO’s own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT’s Engineer (as that term is defined by the FDOT’s Standard Specifications for Road and Bridge Construction) 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 and Schedule as the FDOT’s Engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT’s Engineer as determined by the FDOT’s Engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 2 a. All changes shall be documented in writing to the UAO by the Engineer.

Performance of Utility Work. a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the Schedule) and the plans and specifications for the Utility Work which have been previously approved by the FDOT (the Plans), said Plans being incorporated herein and made a part hereof by this reference. If the Schedule and the Plans have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, and the Schedule that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOT’s approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO 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, Schedule, Plans or Estimate the Schedule (including inaccurate location of the FacilitiesFacilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by the UAO’s own forces or its contractorcontractor at the UAO’s sole cost and expense. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT’s Engineer (as that term is defined by the FDOT’s Standard Specifications for Road and Bridge Construction) 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 and Schedule as the FDOT’s Engineer engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT’s Engineer engineer as determined by the FDOT’s Engineer engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 2 a. All changes shall be documented in writing 1 a. c. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a notice to the UAO by which authorizes the EngineerUtility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to allow either attachment of or separate reference to the permit).

Performance of Utility Work. a. The UAO shall perform the Utility Work in accordance with the Schedule utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the “Schedule”), the plans and specifications for the Utility Work which have been previously approved by the FDOT (the “plans”), said Plans being incorporated herein and made a part hereof by this reference, and the detailed cost breakdown for the Utility Work (the “estimate”) previously prepared. If the Schedule, the Plans, and the Estimate have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOT’s approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at all times remain responsible for any errors or omissions in the Plans. The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule nor the Plans nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO 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, Schedule, or Estimate (including inaccurate location of the FacilitiesFacilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by the UAO’s own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT’s Engineer (as that term is defined by the FDOT’s Standard Specifications for Road and Bridge Construction) 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 and Schedule as the FDOT’s Engineer engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT’s Engineer engineer as determined by the FDOT’s Engineer engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 2 a. All changes shall be documented in writing Subparagraph 1 a. c. After the FDOT has received a proper Schedule, Estimate and Plans, the FDOT will issue a notice to the UAO by which authorizes the EngineerUtility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to allow either attachment of or separate reference to the permit).