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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