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INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) IRC -PW determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the CITY and without any right of the CITY to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the IRC-PW's notice to remove. In the event that the CITY fails to perform the removal properly within the specified time, the IRC -PW may proceed to perform the removal at the CITY's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the CITY agrees that City Facilities shall forever remain the legal and financial responsibility of the CITY. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the CITY to indemnify the IRC - PW for the IRC-PW's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the CITY. 6. Default a. In the event that the CITY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the IRC -PW may exercise one or more of the following options, provided that at no time shall the IRC -PW be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from IRC -PW. (2) Pursue a claim for damages suffered by the IRC -PW. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by IRC -PW to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the IRC -PW or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by IRC -PW to third parties. (5) Suspend the issuance of further permits to the CITY for the placement of Facilities on IRC - PW property if the breach is material and has not been cured within sixty (60) days from written notice thereof from IRC -PW. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the IRC -PW breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the CITY may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the CITY. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the CITY may have for failure to pay invoices. N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 6 of 10