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10-010-64 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. UTILITIES <br />UTILIES <br />UTILITY WORK BY HIGHWAY CONTRACTOR MASTER AGREEMENT 11114 <br />(AT UAO AND FDOT EXPENSE COMBINED) <br />(3) The Utility Work involved is agreed to by way of just compensation for the taking of the UAO's <br />facilities on right-of-way in which the UAO holds a compensable interest, and Appendix "A" of <br />Assurances is not required. <br />(4) The UAO will perform all such Utility Work entirely by continuing contract, which contract to <br />perform all future Utility Work was executed with the UAO's contractor prior to August 3, 1965, and <br />Appendix "A" of Assurances is not required. <br />b. The Facilities shall at all times remain the property of and be properly protected and maintained by the <br />UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for <br />the Facilities. <br />c. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for <br />refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to <br />the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this <br />Agreement. <br />This Agreement constitutes the complete and final expression of the parties with respect to the subject <br />matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, <br />except that the parties understand and agree that the FDOT has manuals and written policies and <br />procedures which shall be applicable at the time of the Project and the relocation of the Facilities and <br />except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be <br />performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this <br />Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, <br />policies, and procedures will be provided to the UAO upon request. <br />e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be <br />unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions <br />hereof. <br />f. Time is of essence in the performance of all obligations under this Agreement. <br />g. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile <br />transmission, hand delivery, or express mail and shall be deemed to have been received by the end of <br />five business days from the proper sending thereof unless proof of prior actual receipt is provided. The <br />UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for <br />notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent <br />to the following addresses: <br />If to the UAO: <br />Indian River County Department of Utility Services - Attn: John M. Boyer, P.E <br />1801 271h Street <br />Vero Beach, FL 32960 <br />If to the FDOT:: <br />10. Certification <br />This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the <br />UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to <br />Form Document and no change is made in the text of the document itself. Hand notations on affected portions <br />of this document may refer to changes reflected in the above-named Appendix but are for reference purposes <br />Page 10 of 11 <br />