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For the following reasons, IRCDUS staff decided to recommend to its Board of County Commissioners (BCC) to enter into a Locally Funded Agreement (LFA) with FDOT's design consultant: • Timing: Given the size and fees of the project, County would have had to request for qualifications. This process can take up to four to six months. • Coordination: Since FDOT's design consultant (Snubbs) is the drainage designer for both segments of CR -510, any changes/revisions to the drainage design will reflect in the utility relocation design. • Responsibility: Any delays due to design changes, design errors, and/or other items will be the responsibility of FDOT and their consultant. • Delay Claims: There will be no delay claims against IRCDUS due to design errors. Those will be the responsibility of FDOT and their design consultant. • Delay Claims or Change Orders: Any delay claims or change orders during construction due to design errors will be the responsibility of FDOT and their consultant. Attached for review and approval are two utility design agreements with. FDOT and their design consultant, Snubbs. All payments must be made up front before work can begin. All funds provided by IRCDUS will be deposited into a third party escrow account. The following payment schedule is as follows: Payment Date Amount Notes 1 6/2020 $ 755,000 On or before the date noted 2 11/2020 572,000 Total $ 1,327,000 The design work is within the IRCDUS Capital Improvement Element (CIE), which was approved by the BCC in December 2019. Staff is looking for approval of both agreements with the understanding that $755,000 is to be paid within this fiscal year for the first design segment (405606-3), and, if approved for FY20/21, the $572,000 second design segment (405606-4) will be paid by November 1, 2020. Funding: Funds for this project are derived from the Utilities Operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount CR -510 Utility Main Relocation 471-169000-20510 $755,000 Recommendation: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve the Utility Design Agreements 405606-3 and 405606-4, and authorize the Chairman to execute the agreements after final review and approval by the County Attorney's office. 121