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K1 <br />INDIAN RIVER COUNTY PUBLIC WORKS <br />UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT <br />(AT UTILITY EXPENSE) <br />(10%) and the IRC. -PW does not elect to participate in the cost of the Utility Work pursuant to <br />Section 337.4.03(f)(b), Florida Statutes, the CITY may elect to have the Utility Work removed from <br />the IRC-PVWs contract by, notifying the IRC -PW in writing within 60 days from the date that the <br />CITY is notified of the bid amount. Unless this election is made, the Utility,, Work shag' be performed <br />as part of the Project by the IRC-PW's contractor. <br />d. If the CITY elects to remove the Utility Work from the IRC-PW's contract in accordance with j <br />Subparagraph 2.c., the CITY shall perform the Utility Work in accordance with the contingency <br />relocation schedule which is a part of the Plans Package. The CITY shall proceed immediately with the <br />Utility Work so as to cause no delay to the IRC -PW or the IRC-PW's contractor in constructing the <br />Project. <br />e. The CITY shall perform all engineering inspection, testing, and monitoring of the Utility Work to j <br />ensure that it is properly performed in accordance with the Plans Package. <br />f. Except for the inspection, testing, monitoring, and reporting: to be performed by the CITY in <br />accordance with Subparagraph 2. e., the IRC -PW will perform all contract administration for its <br />construction: contract. <br />g. The CITY shall fully cooperate with the IRC -PW and the I RC-PW's contractor in all matters <br />relating to the performance of the Utility Work. <br />is <br />h. The IRC-PW's engineer has full authority over the Project and the CITY shall be responsible fqr <br />coordinating and cooperating:wit� the IRC -PW s engineer. In so doing, the CITY shalli make su <br />adjustments and changes lin the Plans Package as the IRC-PW's engineer shall determine are <br />necessary for the prosecution of the Project. I <br />i. <br />I. The. CITY shall not make any changes to the Plans Package after the date on which the IRC-PW's <br />contract documents are mailed for advertisement of the Project unless those changes fallwithin the <br />categories of changes which are allowed by supplemental agreement to the IRC-PW's contract <br />pursuant to Section 337. 11, Florida Statutes. All changes, regardless of the nature of the change or I <br />the timing of the change, shall be subject to the prior approval of the IRC -PW. <br />i <br />Cost of Utility Work <br />a. The CITY shall be responsible for all costs of the Utility Work and all costs associated with any <br />adjustments or changes to the Utility Work determined by the IRC-PW's engineer to be necessary, <br />including„ but not limited to the cost of changing the Plans Package and the increase in the cost of <br />performing the. Utility Work, unless the adjustments or changes are necessitated by an error, or <br />omission of the IRC -PW.. The CITY shall not be responsible for the cost of delays caused by swch <br />adjustments or changes unless they are attributable to the CITY pursuant to. Subparagraph. 4.a. <br />b. The initial estimate of the cost of the Utility Work is $694,895.04 as may be amended. At such time i <br />as the IRC -PW prepares its official estimate, the IRC -PW shall notify the CITY of the amount of the <br />official estimate for the Utility Work. Upon being notified' of. the. official estimate, the C TY shall have <br />five (5) working days within which to accept the official estimate for purposes of making deposits and <br />for determining any possible contribution on the part of the IRC -PW to the cost of the Utility Work, or <br />to: elect to have the Utility Work removed from the IRC-PW's contract and: pedbirmedi separately <br />pursuant to the terms and: conditions set forth in Subparagraph 2. d. hereof. <br />C. At least. 14 (Fourteen) calendar days prior to the date on which the IRC -PW advertises the Project <br />for bids., the CITY will pay to the IRC -PW an amount equal to the IRC-PW"s official estimate; plus <br />10% for mobilization of equipment for the, Utility Work, additional: maintenance of traffic costs for the <br />Utility Work, administrative costsof field work,: tabulation of quantities, Final Estimate processing and 1 <br />Project accounting, (said, amounts are tobe hereinafter collectively referred to as <br />Page 3 of 10 i <br />184 <br />