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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. I10-71764
<br />UTILITIES
<br />UTILITY WORK BY HIGHWAY CONTRACTOR MASTER AGREEMENT 11/14
<br />(AT UAO AND FDOT EXPENSE COMBINED)
<br />THIS AGREEMENT, entered into this day of , year of , by and between the
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian
<br />River County Department of Utility Services, hereinafter referred to as the "UAO";
<br />WITNESSETH:
<br />WHEREAS, the UAO owns, or may in the future own, certain utility facilities which are or may in the future be
<br />located on any public roads or publicly owned rail corridors, hereinafter referred to as the "Facilities" (said term shall
<br />be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and
<br />WHEREAS, the FDOT, engages in projects which involve constructing, reconstructing, or otherwise changing
<br />public roads and other improvements located on public roads or publicly owned rail corridors, hereinafter referred to
<br />as either the "Project" or "Projects"; and
<br />WHEREAS, the Projects may require the location (vertically and/or horizontally), protection, relocation,
<br />adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
<br />WHEREAS, the UAO, in accordance with and subject to the limitations of the terms and conditions of this
<br />Agreement, may be entitled to be reimbursed for some of the Utility Work and may, under the law of the State of
<br />Florida, be obligated to perform other Utility Work at the UAO's sole cost and expense; and
<br />WHEREAS, the FDOT and the UAO have authority to enter into a joint agreement pursuant to Section
<br />337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the
<br />construction of the Projects; and
<br />WHEREAS, the FDOT and the UAO desire to enter into a master agreement which establishes the terms and
<br />conditions under which the Utility Work, both for Utility Work to be reimbursed and for Utility Work to be performed at
<br />the sole cost and expense of the UAO, will be performed by the FDOT's highway contractor for any particular project
<br />and eliminates the need for an individual agreement on each Project;
<br />NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT
<br />and the UAO hereby agree as follows:
<br />1. Implementing Projects
<br />In the event that the FDOT determines that Utility Work may be necessary for any Project, the following
<br />procedure shall apply to implementing the arrangement to have the Utility Work performed by FDOT's
<br />highway contractor for that Project, provided that the UAO and the FDOT may mutually agree to combine or
<br />eliminate all or any portion of this procedure on any Project:
<br />a. First Contact.
<br />(1) The FDOT shall send a written notice to the UAO specifying the applicable Project, offering to
<br />implement a joint arrangement for the project, providing the FDOT's then current plans for the
<br />Project, specifying the current percentages for the Allowances as defined in Subparagraph 3.
<br />d. that the FDOT requires at that time, and specifying the return date by which the UAO must
<br />comply with Subparagraphs 1.a.(2), (3) and (4).
<br />(2) The UAO shall, by the date specified by the FDOT in the written notice, respond in writing to
<br />the FDOT's offer to implement a joint arrangement, stating whether the UAO desires to
<br />implement a joint arrangement or not for the particular Project, specifying what Facilities the
<br />UAO does not want to include in the joint arrangement, specifying what inspection and testing
<br />activities the UAO desires to have the FDOT perform under Subparagraph 2.e., and specifying
<br />the desired method of deposit for funds paid by the UAO under Subparagraph 3.e. Deposits of
<br />less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office.
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