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0 <br />WHITEBIRD <br />ATTORNEYS AT LAW <br />Sent via Certified Mail <br />Indian River County <br />Public Works Department <br />c/o Rich Szpyrka <br />180127,h Street <br />Vero Beach, Florida 32960 <br />p.772-610-5580 1 f. 772.610.5665 <br />Sean A. Mickley, Esq. <br />Board Certified in Construction taw <br />1701 Highway AIA, Suite 102 <br />Vero Beach, FL 32963 <br />whitebirdiaw.com <br />April 26, 2022 <br />Sent via Certified Mail <br />Fla. Dept. of Transportation <br />c/o ChloAnne Lawrence <br />Construction Manager, District 4 <br />3601 Oleander Avenue <br />Ft. Pierce, Florida 34982 <br />Contractor: Timothy Rose Contracting, Inc. <br />Project: 43' Avenue Expansion Project — Vero Beach, Florida <br />Re: Underground Drainage Pipe Under EB State Road 60 <br />NOTICE OF CLAIM <br />Dear Mr. Szpyrka and Ms. Lawrence: <br />WhiteBird, PLLC represents the interests of the Contractor with respect to the <br />above -referenced Project and issue thereon. This letter serves as the Contractor's <br />formal notice that it cannot and will not warrant any of its roadwork, curbing, or <br />sidewalk work on the westbound or eastbound sides of State Road 60 to the east of 43' <br />Avenue, unless and until the underground drainage pipe failures arc addressed to the <br />satisfaction of the Contractor, Indian River County, the FDOT, and any engineers <br />addressing the remediation of the underground drainage pipe and the surrounding soils. <br />As you know, about one year ago, the Contractor discovered an unforeseen and <br />differing site condition under State Road 60 just east of the 43`d Avenue intersection. <br />Specifically, the drainage pipe that runs from 43`d Avenue eastbound under State Road <br />60 had significant failures. At that time, the Contractor put the FDOT and its CEI firm <br />on notice that there would be no warranty provided on the portion of roadway work <br />lying above the drainage pipe unless it was satisfactorily repaired. In response, the <br />1 <br />192 <br />