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A TRUE COPY 07 651 1 CERTIFICATION ON LAST PAGE p I - a J . K . BARTON , CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION r00A4/ UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT Form N 710-57 UTI�L TIES ( LUMP SUM ) � tel/ 10ro4 �a Financial Project ID : 424638 - 1 -52 -01 Federal Project ID : County : Indian River State Road No . : SR -60 District Document No : Utility Agency/Owner ( UAO ) : Indian River County Department of Utility Services THIS AGREEMENT , entered into this day of year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , hereinafter referred to as the " FDOT , " and Indian River County Department of Utility Services , hereinafter referred to as the " UAO " ; WITNESSETH : WHEREAS , the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below , hereinafter referred to as the " Facilities" (said term shall be deemed to include utility facilities as the same may be relocated , adjusted , or placed out of service ) ; and WHEREAS , the FDOT , is currently engaging in a project which involves constructing , reconstructing , or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as RRR SR-60 west of 66 `h Ave to 581h Ave , State Road No . 60 , hereinafter referred to as the " Project" ; and WHEREAS , the Project requires minor modifications to the Facilities or the FDOT 's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as " Utility Work , " and full plans and technical specifications for the Utility Work are not required ; and WHEREAS , the FDOT will perform the Utility Work as part of the Project ; and WHEREAS , the UAO , pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work ; and WHEREAS , the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work ; NOW, THEREFORE , in consideration of the premises and the mutual covenants contained herein , the FDOT and the UAO hereby agree as follows : 1 . Performance of Utility Work a . The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT ' s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT , in its discretion , deemed appropriate . b . All location , protection , relocation , adjustment , or removal of the UAO ' s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement . 2 . Cost of Utility Work a . The UAO will , at least Thirty ( 30 ) calendar days prior to the date on which the FDOT advertises the Project for bids , pay the FDOT the amount of $ 6 , 316 . 20 for the cost of the Utility Work . Said amount will be deposited into the State Transportation Trust Fund . b . The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent ( 10 % ) to cover the UAO ' s obligation for the cost of the Utility Work as set forth in Section 337 .403 ( 1 ) ( b ) , Florida Statutes . Page 1 of 5 ATTACHMENT 5