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INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Financial Project ID: 431759-2-54-01 Federal Project ID: NIA Financial Project ID: Financial Project ID: Financial Project ID: County: INDIAN RIVER 43rd Avenue & SR 60 District Document No: Utility Agency/Owner: City of Vero Beach, a Florida municipal corporation THIS UTILITY WORK AGREEMENT ("Agreement") is entered into on this day of 2019 by and between the INDIAN RIVER COUNTY PUBLIC WORKS, hereinafter referred to as the "IRC -PW" and CITY OF VERO BEACH, a Florida municipal corporation, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the IRC -PW, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as 43rd Avenue Reconstruction and Widening from 19th Street to 26th Street & SR 60 Widening and milling/resurfacing from 44th Avenue to 38th Avenue, hereinafter referred to as the "Project"; and WHEREAS, the CITY owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" that are either in public right-of-way or otherwise need to be replaced (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the IRC -PW and the CITY desire to enter into this Agreement for the Utility Work to be accomplished by the IRC-PW's contractor as part of Indian River County's construction of the Project; and WHEREAS, the CITY, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; WHEREAS, the CITY has agreed to incur costs with the removal and replacement of said Utility Facilities in order to benefit both parties and the public; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the IRC - PW and the CITY hereby agree as follows: 1. Design of Utility Work a. CITY has prepared, and IRC -PW has reviewed and commented on a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package"). b. The Plans Package are in the same format as the IRC-PW's contract documents for the Project and shall be suitable for reproduction. c. The Plans Package include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and a traffic control plan. d. The Plans Package was prepared in compliance with the Florida Department of Transportation (FDOT) Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 1of10 50