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4. 5. 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 21&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, Claims Against CITY l 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. Packa9e (including inaccurate location: of the Facilities). or by failure of the CITY to properly perform its obligations under this Agreement In a timely manner. b. 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. i 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 rgsolution 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 IRE -PW concurrence and shall specify the extent to which it resolves the claim against the IRC -PW,. - d. 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. t t Out of Service Facilities I 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 j service: Facilities. b. Thee 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 bythe 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 wltht the legal duty, of the CITY to, use due care in its: dealings with others. The CITY shall be solely responsible, for gathering; alli information necessary to meet these obligations. d'. 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 j 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 -PIAS determines that rerneval is necessary for IRC -PW usel of the: right of way or in: the event that the. Paps: a of t0; 186