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4 FM No: 228583-3-58-01 FEID No: VF -596-000-67X 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this 3 day of bEzEi i3C.2 200.3, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, State located at 1840 25th Street, Vero Beach, Florida 32960 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with State FM Number 228583-3-58-01 for the Reconstruction of US -1 from S. Relief Canal to N of Indian River Boulevard in Indian River County, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. 3.141 adopted on November 4 , 2003 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT input in its decisions. 5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in Exhibit "A" of this agreement. The total DEPARTMENT participation for this project is estimated to be ONE HUNDRED FOUR THOUSAND NINE HUNDRED TEN DOLLARS ($104,910.00) which is 25% of the estimated construction cost. In accordance with the Scope of Services, described in Exhibit "A", the DEPARTMENT will provide to the PARTICIPANT a one-time Lump Sum amount not to exceed ONE HUNDRED FOUR THOUSAND NINE HUNDRED TEN DOLLARS ($104,910.00). If the actual cost of the DEPARTMENT'S participation is greater 1of5