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HomeMy WebLinkAbout2019-061INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Financial Project ID: 431759-2-54-01 Federal Project ID: N/A 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 9th day of April 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"). 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. 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 1 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) time the Plans Package is prepared, and the IRC-PW's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The Parties agree that the technical special provisions which are a part of the Plans Package were prepared in accordance with the IRC-PW's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the IRC-PW's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the IRC -PW for the Project. CITY shall provide a copy of the proposed Plans Package to the IRC -PW, and to such other right of way users as designated by the IRC -PW, for review at the following stages: 100% and Final Plans. Prior to submission of the proposed Plans Package for review at these stages, the CITY shall send the IRC -PW a work progress schedule explaining how the CITY will meet the IRC-PW's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the IRC -PW finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the IRC -PW will notify the CITY in writing of the deficiencies and the CITY will correct the deficiencies and return corrected documents within the time stated in the notice. The IRC-PW's review and approval of the documents shall not relieve the CITY from responsibility for subsequently discovered errors or omissions. The IRC -PW shall furnish the CITY such information from the IRC-PW's files as requested by the CITY; however, the CITY shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the IRC -PW shall not relieve the CITY of this obligation nor transfer any of that responsibility to the IRC -PW. The Facilities and the Utility Work are located within the limits of the Project as shown on the Project Plans or otherwise exist within right-of-way or on public property. Facilities may be located in easements currently owned by the City on the Dodgertown Property. The City has a permit with Indian River Farms for City facilities located on Indian River Farms right-of-way. The IRC -PW agrees to grant the City any easements for Utility facilities which end up located on County Property, as contemplated by the Sale of the City's Dodgertown Property. If any Facilities located within the Project limits are discovered after work on the project commences to be qualified for relocation at the IRC-PW's expense, but not previously identified as such, the CITY and IRC -PW shall meet and agree to a change order if the cost of relocation exceeds the 10% contingency fund. The CITY shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the IRC -PW. 2. Performance of Utility Work a. The IRC -PW shall incorporate the Plans Package into its contract for construction of the Project. The IRC -PW shall procure a contract for construction of the Project in accordance with the IRC-PW's requirements. c. If the portion of the bid of the contractor selected by the IRC -PW which is for performance of the Utility Work exceeds the IRC-PW's official estimate for the Utility Work by more than ten percent N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 2 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) (10%) and the IRC -PW does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the CITY may elect to have the Utility Work removed from the IRC-PW's contract by notifying the IRC -PW in writing within 60 days from the date that the CITY is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the IRC-PW's contractor. If the CITY elects to remove the Utility Work from the IRC-PW's contract in accordance with Subparagraph 2. c., the CITY shall perform the Utility in accordance with the contingency relocation schedule which is a part of the Plans Package. The CITY shall proceed immediately with the Utility Work so as to cause no delay to the IRC -PW or the IRC-PW's contractor in constructing the Project. e. The CITY shall perform all engineering inspection, testing, and monitoring of the Utility Work to ensure that it is properly performed in accordance with the Plans Package, except for the following activities: NONE and will furnish the IRC -PW with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by IRC - PW procedures. Except for the inspection, testing, monitoring, and reporting to be performed by the CITY in accordance with Subparagraph 2. e., the IRC -PW will perform all contract administration for its construction contract. g. The CITY shall fully cooperate with the IRC -PW and the IRC-PW's contractor in all matters relating to the performance of the Utility Work. The IRC-PW's engineer has full authority over the Project and the CITY shall be responsible for coordinating and cooperating with the IRC-PW's engineer. In so doing, the CITY shall make such adjustments and changes in the Plans Package as the IRC-PW's engineer shall determine are necessary for the prosecution of the Project. The CITY shall not make any changes to the Plans Package after the date on which the IRC-PW's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the IRC-PW's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the IRC -PW. 3. Cost of Utility Work a. The CITY shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the IRC-PW's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the IRC -PW. The CITY shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the CITY pursuant to Subparagraph 4.a. The initial estimate of the cost of the Utility Work is $ 1,869,851.61, as may be amended. At such time as the IRC -PW prepares its official estimate, the IRC -PW shall notify the CITY of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the CITY shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the IRC -PW to the cost of the Utility Work, or to elect to have the Utility Work removed from the IRC-PW's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c. At least 14 (Fourteen ) calendar days prior to the date on which the IRC -PW advertises the Project for bids, the CITY will pay to the IRC -PW an amount equal to the IRC-PW's official estimate; plus 11% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 3 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): directly to the IRC -PW for deposit into Indian River County Finance Division Account. ❑ none. e. If the portion of the contractor's bid selected by the IRC -PW for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding IRC -PW participation in the cost of the Utility Work and the CITY's election to remove the Utility Work from the Project, the CITY shall, within fourteen (14) calendar days from notification from the IRC -PW or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the IRC -PW to bring the total amount paid to the total obligation of the CITY for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The IRC -PW will notify the CITY as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the IRC -PW to so notify the CITY shall not relieve the CITY from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the CITY is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the CITY is obligated to pay does not exceed the Contingency Fund already on deposit, the CITY shall have sixty (60) calendar days from notification from the IRC -PW to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the IRC -PW will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the CITY in writing and approved by the Comptroller of the IRC -PW or his designee. g. Should contract modifications occur that increase the CITY's share of total project costs, the CITY will be notified by the IRC -PW accordingly. The CITY agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the IRC -PW is sufficient to fully fund its share of the project costs. The IRC -PW shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the IRC -PW to so notify the CITY shall not relieve the CITY from its obligation to pay for its full share of project costs on final accounting as provided herein below. The IRC -PW may use the funds paid by the CITY for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the IRC -PW will obtain the written concurrence of the City Council or the City Manager or his designee, as applicable. The City shall respond immediately to all requests for written concurrence. If the City refuses to provide written concurrence promptly and the IRC -PW determines that the work is necessary, the IRC -PW may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the CITY shall, within fourteen (14) calendar days from notification from the IRC -PW, pay to the IRC -PW an additional 10% of the total obligation of the CITY for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the IRC -PW intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the Project. The CITY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 4 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the IRC -PW to the CITY in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against CITY a. The CITY shall be responsible for all costs incurred as a result of any delay to the IRC -PW or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the CITY to properly perform its obligations under this Agreement in a timely manner. In the event the IRC-PW's contractor provides a notice of intent to make a claim against the IRC - PW relating to the Utility Work, the IRC -PW will notify the CITY of the notice of intent and the CITY will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. In the event the IRC-PW's contractor makes any claim against the IRC -PW relating to the Utility Work, the IRC -PW will notify the CITY of the claim and the CITY will cooperate with the IRC -PW in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the CITY and the IRC-PW's contractor shall be in writing, shall be subject to written IRC -PW concurrence and shall specify the extent to which it resolves the claim against the IRC -PW. The IRC -PW may withhold payment of surplus funds to the CITY until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the IRC -PW to the IRC-PW's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service after the date of this Agreement unless specifically identified as such in the Plans or as otherwise agreed by the parties. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The CITY acknowledges its present and continuing ownership of and responsibility for out of service Facilities. The IRC -PW agrees to allow the CITY to leave the out of service Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the CITY. In the event of a breach of this Agreement by the CITY, the Facilities shall be removed upon demand from the IRC -PW in accordance with the provisions of Subparagraph e. below. c. The CITY shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the CITY to use due care in its dealings with others. The CITY shall be solely responsible for gathering all information necessary to meet these obligations. The CITY shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the IRC -PW or other permittees using or seeking use of the right of way. e. The CITY shall remove the Facilities at the request of the IRC -PW in the event that the IRC -PW determines that removal is necessary for IRC -PW use of the right of way or in the event that the N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 5 of 10 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 (3) INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. Force Majeure Neither the CITY nor the IRC -PW shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Sovereign Immunity/Claims Nothing in this Agreement or any other contract documents shall be deemed to affect the rights, privileges, and immunities of the City as set forth in § 768.28, Florida Statutes, nor shall be a waiver of City's sovereign immunity, whether by contract or by law. The City's liability in all instances shall be limited to the monetary amounts set forth in § 768.28, Florida Statutes. When the IRC -PW receives a notice of claim for damages that may have been caused by the CITY in the performance of services required under this Agreement, the IRC -PW will immediately forward the claim to the CITY. The CITY and the IRC -PW will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the IRC -PW will determine whether to require the participation of the CITY in the defense of the claim or to require the CITY to defend the IRC -PW in such claim as described in this section. The IRC-PW's failure to notify the CITY of a claim shall not release the CITY from any of the requirements of this section. The IRC -PW and the CITY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The CITY shall not be obligated to protect or maintain any of the Facilities to the extent the IRC- PW's contractor has that obligation as part of the Utility Work pursuant to the IRC-PW's specifications. c. The IRC -PW may unilaterally cancel this Agreement for refusal by the CITY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the IRC -PW has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt Page 7 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) is provided. The CITY shall have a continuing obligation to notify each District of the IRC -PW of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the CITY: Rob Bolton, P.E. If to the IRC -PW: Indian River County Public Works IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. SIGNATURE PAGES FOLLOW Page 8 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) ATTEST: JEFFREY R. SMITH Clerk of Circuit Court and Comptroller BY: , aAalt JaS1iJ Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ill WIL IAM K. DEBRAAL Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By: � ��... Name: BOB SOLARI Chairman STATE OF FLORIDA COUNTY OF INDIAN RIVER ql-itThe foregoing instrument was acknowled:ed before me this day of by BOB SOLARI, Chairman, who is . rsonally kno o me or who has produced identification. 1 CHRISTINA M. COURNOYER MY CO 16SS1oN t FF 907600 EXPIRES: August 6, 2019 Bonded Nu Nowt Pubic underwriter. as , 2019, nt Name: S�'t�-�' ' ` ' ��r�-© v Notary Public in and for the County and State Last aforesaid. My Commission Expires: cF 2.(' Serial No., if any: FE G O (o . Page 9 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Mayor or Vice -Mayor the day and year aforesaid. ATTEST: 45-1/7 3ta) Tammy Burs' City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida municipal corporation �S c� The foregoing instrument was acknowledged before me this /S day of g22 -c c4 , 201 ! , by V�1 Guc�ans as Mayor, who is personal) own to me or who has produced as identification. 45'•.,s SHERRI PHILO •: MY COMMISSION # GG 018401 EXPIRES: December 3, 2020 Bonded Thru Notary Publk Underwriters Print Name:„--�e'ee, • Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Kira C. Honse Interim City Attorney Approved as to budget sufficiency: nthia D. Lawson Finance Director ng to municipal policy: City Manager Approved as to technical rgquirements: Robert J. Bol r:n Water and Sewer Director Page 10 of 10