Common use of Third Contact Clause in Contracts

Third Contact. (1) After the mandatory utility meeting, the FDOT shall, at the appropriate time, send the UAO: a. Additional updated FDOT plans for the Project; b. The FDOT’s then current Utility Work Schedule form; c. If the Utility Work is reimbursable, the FDOT’s then current utility estimate summary form; d. If not previously provided, a notice verifying eligibility for reimbursement or verifying that the Utility Work is not reimbursable; e. A notice specifying the return date by which the UAO must comply with subparagraph 1.c. (2); f. A notice specifying whether a utility permit will be required for the Utility Work; g. A notice verifying the version of the Utility Accommodation Manual that will apply to the Utility Work; h. The instruction form then being used by the FDOT for providing direction in following this process; and i. Such other information the FDOT deems pertinent. (2) Within the time frame specified in this third contact notice, the UAO shall return to the FDOT the information required on the FDOT’s forms specified above, along with final plans for the Utility Work, hereinafter referred to as the "Plans". If the Utility Work is reimbursable under this Agreement, the UAO shall also return, within said time frame, a detailed cost breakdown for the Utility Work, hereinafter referred to as the Estimate. Unless otherwise specifically directed in writing, the Plans and the Estimate shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and applicable permit notices, and shall include a traffic control plan. The UAO may not assume that any work will be performed by the FDOT’s contractor or other parties. (3) After receipt of a completed Utility Work Schedule form, the Estimate, and the Plans, the FDOT will review them for sufficiency, which includes, but is not necessarily limited to, compliance and consistency with the FDOT’s then current Utility Accommodation Manual, the FDOT’s Plans and specifications for the Project, and the FDOT’s instruction form. (4) In the event that the FDOT finds any deficiencies in the completed schedule form, the Estimate, or the Plans, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT’s review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. (5) After receipt of a corrected Utility Work Schedule form (hereinafter referred to as the Schedule), Estimate, and Plans, the FDOT will issue a work order to the UAO which authorizes the Utility Work to proceed upon the UAO obtaining a utility permit for the Utility Work from the FDOT, if applicable. (6) 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.

Third Contact. (1) After the mandatory utility meeting, the FDOT shall, at the appropriate time, send the UAO: a. (a) Additional updated FDOT plans for the Project; b. (b) The FDOT’s then current Utility Work Schedule formform (said schedule to be used in the case of a bid rejection); c. (c) If the Utility Work is reimbursable, the FDOT’s then current utility estimate summary form; d. (d) If not previously provided, a notice verifying eligibility for reimbursement or verifying that the Utility Work is not reimbursable; e. (e) A notice specifying the return date by which the UAO must comply with subparagraph 1.c. (2Subparagraph 1.c.(2); f. (f) A notice specifying whether a utility permit will be required for the Utility Work; g. (g) A notice verifying the version of the Utility Accommodation Manual that will apply to the Utility Work; h. (h) A notice verifying the stages for the Plans Package review under Subparagraph 1.c.7.; (i) The current form of Three Party Escrow Agreement for deposit of funds referred to in Subparagraph 3.e.; (j) The instruction form then being used by the FDOT for providing direction in following this process; and i. (k) Such other information the FDOT deems pertinent. (2) Within the time frame specified in this third contact notice, the UAO shall return to the FDOT a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the information required on the FDOT’s forms specified above, along with final plans case of a bid rejection) for the Utility Work, Work (hereinafter referred to as the "Plans"Plans Package). If The cost estimate which is part of the Utility Work is reimbursable under this Agreement, the UAO Plans Package shall also return, within said time frame, a detailed cost breakdown be separated into an amount for the Utility Work, hereinafter referred to Facilities which are reimbursable and those which are not. (3) The Plans Package shall be in the same format as the Estimate. FDOT’s contract documents for the Project and shall be suitable for reproduction. (4) Unless otherwise specifically directed in writing, the Plans and the Estimate Package shall include any and all activities and work effort required to perform the Utility Work, including, including but not limited to, all clearing and grubbing, survey work, and applicable permit notices, work and shall include a traffic control plan. The UAO may not assume that any work will be performed by the FDOT’s contractor or other parties. (35) After receipt of a completed Utility Work Schedule form, the Estimate, and the Plans, the FDOT will review them for sufficiency, which includes, but is not necessarily limited to, The Plans Package shall be prepared in compliance and consistency with the FDOT’s then current Utility Accommodation Manual and the FDOT’s Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT’s contract documents for the Project. If the FDOT’s Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. (6) The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT’s Plans guidelines on preparation of technical special provisions and specifications shall not duplicate or change the general contracting provisions of the FDOT’s Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. (7) UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages identified in the notices from the FDOT referenced above. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT’s instruction formproduction schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph 1.c.(2)above. (4) 8) In the event that the FDOT finds any deficiencies in the completed schedule form, Plans Package during the Estimate, or the Plansreviews performed pursuant to Subparagraph 1.c.(7) above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT’s review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. (59) After receipt The FDOT shall furnish the UAO such information from the FDOT’s files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of a corrected the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. (10) The Facilities and the Utility Work Schedule form (hereinafter referred to as the Schedule), Estimate, and Plans, the FDOT will issue a work order to include all utility facilities of the UAO which authorizes are located within the Utility Work limits of the Project, except as specifically indicated and agreed to proceed upon by the UAO obtaining a utility permit for parties in the Utility Work from the FDOT, if applicablenotices referenced above. These exceptions shall be handled by separate arrangement. (611) The UAO shall notify fully cooperate with all other right of way users in the appropriate FDOT office preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in writing prior to beginning the Utility Work and when manner determined by the UAO stops, resumes, or completes the Utility WorkFDOT.