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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