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INDIAN RIVER COUNTY PUBLIC WORKS <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT <br />(AT UTILITY EXPENSE) <br />Financial Project ID: 431759-2-54-01 Federal Project ID: N/A <br />Financial Project ID: <br />Financial Project ID: <br />Financial Project ID: <br />County: INDIAN RIVER 43rd Avenue & SR 60 <br />District Document No: <br />Utility Agency/Owner: City of Vero Beach, a Florida municipal corporation <br />THIS UTILITY WORK AGREEMENT ("Agreement") is entered into on this 9th day of April <br />2019 by and between the INDIAN RIVER COUNTY PUBLIC WORKS, hereinafter referred to as the "IRC -PW" and <br />CITY OF VERO BEACH, a Florida municipal corporation, hereinafter referred to as the "City." <br />WITNESSETH: <br />WHEREAS, the IRC -PW, is constructing, reconstructing, or otherwise changing a portion of a public road <br />or publicly owned rail corridor, said project being identified as 43rd Avenue Reconstruction and Widening from 19th <br />Street to 26th Street & SR 60 Widening and milling/resurfacing from 44th Avenue to 38th Avenue, hereinafter referred <br />to as the "Project"; and <br />WHEREAS, the CITY owns or desires to install certain utility facilities which are located within the limits of <br />the Project hereinafter referred to as the "Facilities" that are either in public right-of-way or otherwise need to be <br />replaced (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, <br />or placed out of service pursuant to this Agreement); and <br />WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, <br />installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility <br />Work"; and <br />WHEREAS, the IRC -PW and the CITY desire to enter into this Agreement for the Utility Work to be <br />accomplished by the IRC-PW's contractor as part of Indian River County's construction of the Project; and <br />WHEREAS, the CITY, pursuant to the terms and conditions hereof, will bear certain costs associated with <br />the Utility Work; <br />WHEREAS, the CITY has agreed to incur costs with the removal and replacement of said Utility Facilities <br />in order to benefit both parties and the public; and <br />NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the IRC - <br />PW and the CITY hereby agree as follows: <br />1. Design of Utility Work <br />a. CITY has prepared, and IRC -PW has reviewed and commented on a final engineering design, <br />plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said <br />contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter <br />referred to as the "Plans Package"). <br />The Plans Package are in the same format as the IRC-PW's contract documents for the Project <br />and shall be suitable for reproduction. <br />c. The Plans Package include any and all activities and work effort required to perform the Utility <br />Work, including but not limited to, all clearing and grubbing, survey work and a traffic control plan. <br />The Plans Package was prepared in compliance with the Florida Department of Transportation <br />(FDOT) Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the <br />N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx <br />Page 1 of 10 <br />