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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