HomeMy WebLinkAbout2025-239Design -Build Contract
PART 1 CONTRACT
This Part 1 Contract (Contract) for design -build services is made and entered into this 21st day
of October, 2025 by and between Indian River County, a Political Subdivision of the State of
Florida organized and existing under the Laws of the State of Florida, hereinafter referred to as
the "Owner," and Ric -Man Construction Florida Inc., a Florida Corporation, authorized to do
business in the State of Florida, hereinafter referred to as the "Design -Builder".
For the following Project: Ixora Park Infrastructure Improvements (RFQ 2024030)
The architectural/engineering services described in Article 1 will be provided contractually
through the Design -Builder by the following person or entity who is lawfully licensed to practice
architecture/engineering:
Wade Trim, Inc.
201 N. Franklin Street, Suite 1350
Tampa, FL 33602
Normal civil, structural, mechanical and electrical engineering services will be provided
contractually through the Design -Builder as indicated below:
PRE -CONSTRUCTION SCOPE OF SERVICES PHASE I ATTACHMENT 3
The Owner and Design -Builder agree as set forth below.
ARTICLE 1
DESIGN -BUILDER
1.1 SERVICES
1.1.1 Conceptual, schematic, design development, and construction documents, budget, and
schedule comprise the services required to accomplish the preparation and submission
of the Design -Builder's Guaranteed Maximum Price (GMP) Proposal, as well as the
preparation and submission of any modifications to the GMP Proposal prior to execution
of the Part 2 Contract.
1.2 RESPONSIBILITIES
1.2.1 The services that the Design -Builder will provide to the Owner under this Contract will be as
follows, and in general accordance with the Owner's Request for Qualifications (RFQ) 2024030, issued
on January 7, 2024, entitled "Request for Qualifications for Progressive Design -Build Services for Ixora
Park Infrastructure Improvements", which is incorporated by reference herein, and the Design -
Builder's Design -Builder's fee and scope of work proposal, submitted October 8, 2025, which is
attached hereto and incorporated by reference herein. In the event of any conflicts between this Contract
and any other documents, the precedence in resolving such conflicts will be as follows:
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1.2.1.1 This Contract and any agreed upon written amendments
1.2.1.2 Design -Builder's fee and scope proposal
1.2.1.3 The Owner's Request for Qualifications
1.2.1.4 Relevant portions of the Design -Builder's response to Request
for Qualifications
1.2.2 All design services provided by or through Design -Builder pursuant to this Contract
must be performed by qualified design professionals (Designer). The contractual obligations of such
professional persons or entities are undertaken and performed in the interest of the Design -Builder.
Design -Builder designates Wade Trim, Inc. whose business address is 201 N. Franklin Street, Suite
1350, Tampa, FL 33602, and who will have full authority to bind and obligate the Design -Builder on
all matters arising out of or relating to this Contract. The Design -Builder agrees that the Project
Director will devote whatever time is required to satisfactorily manage the services to be provided
and performed by the Design -Builder hereunder. Any replacement of the Project Director will be
subject to the prior approval and acceptance of the Owner.
1.2.3 The agreements between the Design -Builder and the persons or entities identified in this
Contract as providing architectural and engineering services, and any subsequent modifications
thereto, must be in writing. These agreements, including financial arrangements with respect to
this Project, must be promptly and fully disclosed to the Owner upon request and must have met
all requirements for openness and a non-restrictive solicitation process.
1.2.4 Construction budgets must be prepared by qualified professionals, cost estimators or
contractors retained by and acting in the interest of the Design -Builder.
1.2.5 The Design -Builder will be responsible to the Owner for acts and omissions of the
Design -Builder's employees, subcontractors and their agents and employees, and other
persons, including the Designer and other design professionals, performing any portion of the
Design -Builder's obligations under this Contract. Design services shall be performed in
accordance with the standard of care exercised by professionals performing similar services
under similar conditions at the same time and place
1.2.6 Prior to the termination of the services of the Designer or any other design professional
designated in this Contract, the Design -Builder will identify to the Owner in writing another
design professional will provide the services originally to have been provided by the Designer or
other design professional whose services are being terminated. The Owner must approve any
subsequently designated design professional in writing.
1.2.7 If the Design -Builder believes or is advised by the Designer or by another design
professional retained to provide services on the Project that implementation of any instruction
received from the Owner would cause a violation of any applicable law, the Design -Builder must
promptly notify the Owner in writing. Neither the Design -Builder nor the Designer will be
obligated to perform any act which violates any applicable law, and the Design -Builder shall not
be liable for violations directed by the Owner that are not timely discovered to be violations by
the Design -Builder
1.2.8 Nothing contained in this Contract will create a contractual relationship between the
Owner and any person or entity other than the Design -Builder.
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1.2.9 Press releases or other specialized publicity documents, including the Design -Builder's
advertising and news bulletins, which are related to this Contract and are intended by the
Design -Builder for the press, broadcasting, or television, will be drawn up in consultation with
the Owner. Except as otherwise required by law or regulation, the Design -Builder will not
release or distribute any materials or information relating to this Contract or containing the name
of the Owner or any of its employees without prior written approval by an authorized
representative of the Owner. Design -Builder shall incorporate the terms of this provision into all
of its contracts, subcontracts and other agreements of any tier and require all contractors,
consultants, subcontractors and subconsultants to similarly incorporate the terms of this
provision in their agreements.
1.2.10
Once the GMP has been agreed to, and prior to the execution of the Part 2 Contract, Design -
Builder shall furnish Owner a Public Construction Bond in an amount equal to 100% of the GMP.
1.2.11 In lieu of the Public Construction Bond, the Design -Builder may furnish an alternative form
of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of
credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security
shall be for the same purpose, and be for the same amount and subject to the same conditions
as those applicable to the bond otherwise required. The determination of the value of an
alternative form of security shall be made by the Owner.
1.2.12 Such Bond shall continue in effect for one (1) year after acceptance of the Work by the
Owner.
1.2.13. Owner shall record the Public Construction Bond with the Public Record Section of the
Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960.
1.3 BASIC SERVICES
1.3.1 The Basic Services to be performed must commence on the date established in an
executed work order and must be completed in accordance with Design -Builder's fee and scope
proposal. Work orders are intended to be discrete working documents that will provide, in
summary form, the background and factual context within which a particular work element or
series of work elements will be completed by the Design -Builder. Each work order will include a
scope of services, level of effort and related costs. Work orders will be construed to be in
addition to, supplementary to, and consistent with the provisions of the Design -Builder's fee and
scope proposal. Upon request by the Owner, Design -Builder will prepare and submit a work
order to the Owner for review and approval. Work order forms will be provided by the Owner
along with a detailed outline of design deliverables. Contracts involving multiple project numbers
or locations will require work orders to identify basic services and reimbursement expense
amounts per project and/or location. Supporting backup of the work classification, raw rates,
overhead and weighted rate calculation will be submitted in Excel format when the work order is
submitted.
1.3.2 The Design -Builder will provide a preliminary evaluation of the Owner's Project and
Project budget requirements, each in terms of the other.
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1.3.3 The Design -Builder will visit the Project site, become familiar with the local conditions,
and correlate observable conditions with the requirements of the Owner's Project, schedule, and
budget.
1.3.4 The Design -Builder will review laws applicable to design and construction of the Project,
correlate such laws with the Owner's Project requirements and advise the Owner if any Project
requirement may cause a violation of such laws. Necessary changes to the Owner's Project will
be accomplished by appropriate written modification or disclosed as described in Paragraph
1.3.6. The Design -Builder shall not be liable for violation of any laws caused by the directions of
the Owner and is not responsible for providing legal services and interpretations to the Owner.
1.3.5 The Design -Builder will review with the Owner alternative approaches to design and
construction of the Project.
1.3.6 The Design -Builder will submit to the Owner for Owner's approval, the Design -Builder's
plan for the competitive process the Design -Builder will use in obtaining subcontractor bids for
the development of the GMP Proposal. The plan will include, but not be limited to, , bid submittal
dates, analysis process of bids after receipt, subcontractors bid sheets by bid packages, and the
determination of bids to be included in the GMP proposal.
1.3.7 The Design -Builder will submit to the Owner a GMP Proposal, including the final design
documents, a statement of the proposed guaranteed maximum price and a proposed
guaranteed completion date of the Project. Final design documents will consist of final
construction design drawings, specifications or other documents sufficient to establish the size,
quality and character of the entire Project including its architectural, structural, mechanical and
electrical systems, and materials and such other elements of the Project as may be appropriate.
Deviations from the Owner's Project will be disclosed and expressly highlighted in the GMP
Proposal. If the GMP Proposal is accepted by the Owner, the parties will then execute the Part 2
Contract. Notwithstanding anything herein to the contrary, Owner reserves the absolute right, in
its sole discretion, to reject the GMP Proposal and not execute the Part 2 Contract for any or no
reason whatsoever, or to terminate this Contract in accordance with Article 8. In such event, all
final design documents, including all Project Documents (as defined in Paragraph 3.1), will
become the property of the Owner and Owner will be entitled to retain and use all such Project
Documents as set forth in Paragraphs 3.1 and 8.5 herein.
1.4 ADDITIONAL SERVICES
1.4.1 The Additional Services described below will be provided by the Design -Builder and paid
for by the Owner if authorized and confirmed in writing by the Owner.
1.4.1.1 Making revisions in the final design documents, budget or other documents when such
revisions are not the result of the fault or neglect of the Design -Builder or anyone for whom the
Design -Builder is responsible and are:
1.4.1.1.1 Inconsistent with approvals or instructions previously given by the Owner, including
substantial revisions made necessary by adjustments in the Owner's Project or Project budget;
1.4.1.1.2 Due to substantial changes required as a result of the Owner's failure to render
decisions in a timely manner.
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1.4.1.2 Providing more extensive programmatic criteria than that furnished by the Owner as
described in Paragraph 2.1 and other Contract Documents.
1.4.1.3 Providing such other design -build services that may be required for the successful
completion of the Project not otherwise covered herein.
1.4.1.4 If, during the performance of the Work, Design -Builder discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents or between the Contract Documents
and any provision of any Law or Regulation applicable to the performance of the Work or of any
standard, specification, manual or code, or of any instruction of any Supplier, Design -Builder
shall report it to Owner in writing at once. Design -Builder shall not proceed with the Work
affected until an amendment or supplement to the Contract Documents has been executed by
both parties; provided, however, that Design -Builder shall not be liable to Owner for failure to
report any such conflict, error, ambiguity, or discrepancy unless Design -Builder knew or reason-
ably should have known of such conflict, error , ambiguity or discrepancy.
ARTICLE 2
OWNER
2.1 RESPONSIBILITIES
2.1.1 The Owner is the entity identified as such in this Contract and is referred to throughout
the Contract Documents as if singular in number.
2.1.2 This Contract will be administered by the Owner's County Administrator or designee.
2.1.3 The Owner will provide full information in a timely manner, as requested by Design -
Builder, regarding requirements for the Project, including a written plan which will set forth the
Owner's objectives, schedule, constraints and criteria. The Owner will designate a
representative Project Manager, authorized to act on the Owner's behalf with respect to the
Project. The term "Owner" means Owner or Owner's other authorized representative(s) as
notified by the Owner in writing.
2.1.4 The Owner will establish and update an overall budget for the Project, including
reasonable contingencies. This budget will not constitute the Contract sum.
2.1.5 The Owner will render decisions pertaining to Project Documents submitted by the
Design -Builder in a timely manner in order to avoid unreasonable delay in the orderly and
sequential progress of the Design -Builder's services. The Owner may obtain independent
review of the Project Documents by a separate architect, engineer, contractor, or cost estimator
under contract to or employed by the Owner. Such independent review will be undertaken at the
Owner's expense in a timely manner so as not to unreasonably delay the orderly progress of the
Design -Builder's services. Design -Builder will ensure Owner is provided reasonably adequate
time that permits Owner to render its decisions and conduct independent reviews of Project
Documents in a timely manner.
2.1.6 Upon written request, the Owner will make available record documents and drawings in
its possession, of which it is aware, for any existing buildings and/or facilities. To the extent
known and in its possession, Owner will make available to the Design -Builder prior to and
during the performance of the Work record documents and Drawings pertaining to the existing
buildings and/or facilities relative to this Project. Record documents and Drawings will not be
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considered a part of the Contract Documents. Owner does not warrant to the Design -Builder the
accuracy or completeness of such record documents and Drawings and the Design -Builder will
be solely responsible for all assumptions made in reliance thereupon. Record documents and
Drawings are not warranted or intended to be complete depictions of existing conditions, nor do
they necessarily indicate concealed conditions. The locations of electrical conduit, telephone
lines and conduit, computer cables, storm lines, sanitary lines, irrigation lines, gas lines,
mechanical apparatus and appurtenances, HVAC piping/ductwork and plumbing may only
appear schematically, if at all, and the actual location of such equipment and lines is in many
cases unknown.
2.1.7 The Owner will disclose, to the extent known, the results and reports of prior tests,
inspections or investigations conducted for the Project involving: structural or mechanical
systems; chemical, air and water pollution; hazardous materials; or other environmental and
subsurface conditions. The Owner will disclose all information known to the Owner regarding
the presence of pollutants at the Project site. The Owner does not warrant the accuracy or
completeness of any such information and accepts no responsibility therefore and the Design
Builder will be solely responsible for all assumptions made in reliance thereupon.
2.1.8 The Owner will furnish all legal, accounting and insurance counseling services as the
Owner may require at any time for the Project, including such auditing services as are needed
to verify the Design -Builder's applications for payment.
2.1.9 The Owner will promptly obtain easements, zoning variances, and legal authorizations
regarding Project site utilization where essential to the execution of the Owner's Project.
2.1.10 Those services, information, surveys, and reports described in Paragraphs 2.1.6 through
2.1.9 which are within the Owner's control will be furnished at the Owner's expense and are not
part of the Contract Documents. The Owner does not warrant or certify the accuracy or
completeness of any services, information, surveys or reports.
2.1.11 The Owner may communicate with persons or entities employed or retained by the
Design -Builder, unless otherwise instructed for reasonable cause not to do so in writing by the
Design -Builder.
ARTICLE 3
OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA/RETENTION AND
MAINTENANCE OF PUBLIC RECORDS
3.1 Design -Builder acknowledges and agrees that all records, documents, drawings, notes,
tracings, plans, specifications, maps, evaluations, reports and other technical data and
electronic data, instruments of service (other than working papers), including but not limited to,
all Architectural Works as defined by the federal Architectural Works Copyright Protection Act
(whether hard copy or electronically stored), prepared, developed or furnished by Design -
Builder or the design professional(s) employed or retained by the Design -Builder under this
Contract (Project Documents) will be and remain the property of the Owner. Project Documents
will be deemed to be works made for hire, and all right, title and interest in and to the Project
Documents will be vested in Owner. Design -Builder will take all actions necessary to secure for
Owner all such right, title and interest. Design -Builder warrants that all materials comprising the
Project Documents are original with Design -Builder and have not been copied or derived from
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any other material without the express written consent of the owner, proprietor and/or copyright
holder of that other material, and are not subject to any other claim of copyright by any other
person. Design -Builder will obtain any and all licenses necessary for the production and
preparation of the Project Documents including, without limitation, licenses for the use of any
material subject to copyright by other parties. Design -Builder will assign to Owner any and all
rights, including any copyrights, in the Project Documents that Design -Builder or the design
professional(s) employed or retained by the Design -Builder on this Project may possess now or
in the future, and Design -Builder and its design professional(s) will claim no rights adverse to
Owner in the Project Documents. The Project as designed by Design -Builder under this
Contract, may be reused or repeated by Owner at Owner's option or discretion at any time or
times, including but not limited to, completion, addition, renovation, maintenance, reconstruction
or remodeling of the Project and construction of new projects. Design -Builder hereby grants its
consent to reuse of the Project Documents by Owner for any and all such purposes. The
Design -Builder shall retain its rights to all standard elements contained within the design,
including standard details, specifications, or other design materials generated and authorized by
Design -Builder for its repeated, regular and ongoing use in plans, specifications, reports or other
instruments of service for its clients. The Design -Builder will incorporate the terms of this
Paragraph in all contracts with design professionals employed or retained by the Design -Builder
to perform services on the Work covered by this Contract. The Owner acknowledges that reuse
or modification of Project Documents without the involvement of the Design -Builder shall be at
the Owner's sole risk, and Owner agrees to hold the Design -Builder harmless from any claims
arising from such reuse.
3.2 Submission or distribution of the Design -Builder's documents to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed as
publication in derogation of the rights reserved in Paragraph 3.1.
3.3 Chapter 119, Fla. Statute Requirement
IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Indian River County Office of the County Attorney, 1801 27th Street,
Vero Beach, FL 32960 (772) 226-1424 publicrecords@indianriver.gov
Design -Builder agrees in accordance with Florida Statute Section 119.0701 to comply with
public records laws including the following:
a. Keep and maintain public records required by the Owner in order to perform the Work
contemplated by this Contract.
b. Upon request from the Owner's custodian of public records, provide the Owner with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as
otherwise provided by law.
Ixora Park Infrastructure Improvements
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the Contract term and following completion of the Contract.
d. Upon completion of this Contract, keep and maintain public records required by the
Owner to perform the Work. Design -Builder shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the Owner, upon request
from the Owner's custodian of public records, in a format that is compatible with the information
technology systems of the Owner.
3.4 Design -Builder and any Subcontractor or Supplier or other individual or entity performing
or furnishing any of the Work under a direct or indirect contract with Owner: (i) shall not have or
acquire any title to or ownership rights in any of the Drawings, Specifications, or other
documents (or copies of any thereof) prepared by or bearing the seal of Design -Builders
Consultant/Designer including electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof on extensions of the Project or
any other project without written consent of Owner This prohibition will survive final payment,
completion, and acceptance of the Work, or termination or completion of the Contract. Nothing
herein shall preclude Design -Builder from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4
TIME
4.1 The term of this Agreement shall be 12 Months from Notice to Proceed (NTP).
4.2 Time is of the essence. Services to be rendered by the Design -Builder will commence
subsequent to the execution of this Contract by the effective date of an executed work order
issued by the Owner. The Owner reserves the right to stop and start work or cancel or postpone
any executed work order or portion thereof at any time with seven days written notice to Design -
Builder. Any delay to Design -Builder resulting therefrom will be handled in accordance with
Paragraph 4.4 below. Notwithstanding the same, time is of the essence with respect to the
performance of this Contract.
4.3 Should the Design -Builder fail to commence, provide, perform or complete any of the
services to be provided in a timely and diligent manner, in addition to any other rights or
remedies available to the Owner, the Owner, at its sole discretion and option, may withhold any
and all payments due and owing to the Design -Builder until such time as the Design -Builder
resumes performance of its obligations in such a manner so as to satisfy the Owner, provided
that the Owner has otherwise timely and properly paid the Design -Builder prior payments due
and owing.
4.4 Upon the request of the Owner, the Design -Builder will prepare a schedule for the
performance of the Basic and Additional Services which will not exceed the time limits contained
in Design -Builder's fee and scope proposal referenced in Paragraph 1.2.1.2 and will include
reasonably sufficient time required for the Owner's review and approval of submissions by
authorities having jurisdiction over the Project.
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4.5 If the Design -Builder is delayed in the performance of critical path services under this
Contract through no fault of the Design -Builder, any applicable schedule will be adjusted.
Design -Builder expressly acknowledges and agrees that it will receive no damages for delay
and that Design -Builder's sole remedy, if any, against Owner (except as provided in this sub -
article) will be the right to seek an extension of time to the applicable schedule; provided,
however, the granting of any such time extension will not be a condition precedent to the
aforementioned "no damages for delay" provision. Design -Builder will incorporate the terms of
this Paragraph into all of its subcontracts and subconsultant agreements and require all
subcontractors and subconsultants to similarly incorporate such terms into their sub -
subcontracts and sub-subconsultant agreements. Design -Builder shall be entitled to equitable
compensation for delays solely and directly caused by Owner's failure to provide timely access,
decisions, or approvals.
4.6 Design -Builder shall be responsible for meeting any and all completion times as
provided in the Contract Documents, as negotiated and agreed to by both parties, and attached
to this document as Attachment 3. Liquidated damages, if assessed, shall be $1,000.00 per day,
and shall apply only to failure to achieve Substantial Completion by the agreed date. "Final
Completion" shall be defined collaboratively and exclude minor closeout or administrative takes
that do not materially impact use or occupancy.
ARTICLE 5
PAYMENTS
5.1 Refer to ARTICLE 9 - BASIS OF COMPENSATION for additional requirements.
5.2 Owner shall make progress payments to the Design -Builder on the basis of approved
partial payment requests, submitted with sufficient supporting documentation and the Design -
Builder's certification. Subsequent payments for Basic Services, Additional Services, and
Reimbursable Expenses provided for in this Contract will be made monthly on the basis set forth
in Article 9.
5.3 All applications for payment will be submitted to the Owner by the seventh of each
month.
5.4 The Design -Builder will submit to the Owner's Project Manager via email each request
for a progress payment. All progress payments will be on the basis of progress of the work
measured by the schedule of values established. The Owner will approve, disapprove or adjust
the Design -Builder's application for payment within seven days after receipt. The Owner will
notify the Design -Builder in writing of any reasons for withholding payment in whole or in part.
Owner will make payment in accordance with the provisions of the Local Government Prompt
Payment Act, Florida Statutes section 218.70 et. seq. In accordance with Florida Statute Section
255.075 — 255.078, the Design -Builder will promptly pay each subcontractor or supplier upon
receipt of the payment from the Owner. Payment to the Design -Builder will release the Owner
from any liens or disputes between the Design -Builder and the Design -Builder's subcontractors
for the amounts paid by the Owner.
5.5 Monthly payments to Design -Builder will in no way imply approval or acceptance of
Design -Builder's work.
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5.6 This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's
liens may be filed against the Owner. Any claimant may apply to the Owner for a copy of this
Contract. The claimant shall have a right of action against the Design -Builder for the amount
due him. Such action shall not involve the Owner in any expense. Claims against the Design -
Builder are subject to timely prior notice to the Design -Builder as specified in Florida Statutes
Section 255.05. The Design -Builder shall insert the following paragraph in all subcontracts
hereunder:
"Notice: Claims for labor, materials and supplies are not assessable against Indian River County
and are subject to proper prior notice to Design -Builder and to Design -Builder's Surety
Company, pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in
every sub -subcontract hereunder." The payment due under the Contract shall be paid by the
Owner to the Design -Builder only after the Design -Builder has furnished the Owner with an
affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida
Statutes, who have furnished labor or materials, employed directly or indirectly in the Work,
have been paid in full for all amounts previously paid by the Owner. The Owner may rely on
said affidavit at face value. The Design -Builder does hereby release, remiss and quit -claim any
and all rights he may enjoy perfecting any lien or any other type of statutory common law or
equitable lien against the job, to the extent referenced by the affidavit.
ARTICLE 6
OWNER'S RIGHT TO PERFORM AUDITS, INSPECTIONS, OR ATTESTATION
ENGAGEMENTS
6.1 In connection with payments to the Design -Builder under this Contract, it is agreed the
Design -Builder will maintain adequate records in accordance with generally accepted
accounting practices. The Owner, Florida Department of Transportation, Florida Auditor
General, Florida Inspector General, Florida Chief Financial Officer, and the Comptroller General
of the United States, or any duly authorized representative of each, have the right to initiate and
perform audits, inspections or attestation engagements or audit the Design -Builder's records for
the purpose of determining payment eligibility under this Contract or over selected operations
performed by Design -Builder under this Contract for the purpose of determining compliance with
the Contract. Access will be to all of the Design -Builder's records, including books, documents,
papers, and records of Design -Builder directly pertinent to this Contract, as well as records of
parent, affiliate and subsidiary companies. Design -Builder will arrange for said records to be
brought to a location convenient to Owner's auditors to conduct the engagement as set forth in
this Article. Or, Company may transport Owner's team to Design -Builder headquarters for
purposes of undertaking said engagement. In such event, Design -Builder will pay reasonable
costs of transportation, food and lodging for Owner's team. Design -Builder agrees to deliver or
provide access to all records requested by Owner's auditors within fourteen (14) calendar days
of the request at the initiation of the engagement and to deliver or provide access to all other
records requested during the engagement within seven (7) calendar days of each request. The
parties recognize that Owner will incur additional costs if records requested by Owner's auditors
are not provided in a timely manner and that the amount of those costs is difficult to determine
with certainty. Consequently, the parties agree that Design -Builder may be charged a liquidated
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damage of $100.00, in addition to all other contractual financial requirements, per item, per
calendar day, for each time Design -Builder is late in submitting requested records to perform the
engagement. Accrual of liquidated damages will continue until specific performance is
accomplished. These liquidated damages are not an exclusive remedy and Owner retains its
rights including but not limited to its rights to elect its remedies and pursue all legal and
equitable remedies. The parties expressly agree that these liquidated damages are not a
penalty and represent reasonable estimates of fair compensation for the losses that reasonably
may be anticipated from such failure to comply.
6.2 In the event the Design -Builder maintains its accounting or Project information in
electronic format, upon request by the Owner's auditors, the Design -Builder will provide a
download of its accounting or Project information in an electronic format allowing formatting,
reading and manipulation in Microsoft Office products.
6.3 The Owner has the right during the engagement to interview the Design -Builder's
employees and subconsultants, make photocopies, and inspect any and all records at
reasonable times. The right to initiate an engagement will extend for five years after the
completion date of the Work, or five years after the termination of this Contract, whichever
occurs later.
6.4 In the event the Design -Builder has overcharged the Owner for direct and reimbursable
expenses, the Design -Builder will re -pay the Owner the amount of the overcharge.
6.5 The Design -Builder will include a provision providing the Owner the same rights to
perform engagements at the subconsultant and subcontractor level in all of its subconsultant
and subcontract contracts entered into by Design -Builder to effect Project completion.
6.6 Approvals by Owner's staff for any services not included in this Contract do not act as a
waiver or limitation of the Owner's right to perform audits, inspections, or attestation
engagements.
ARTICLE 7
DISPUTE RESOLUTION
7.1 CLAIMS AND DISPUTES
7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of
right, an adjustment or interpretation of this Contract, payment of money, extension of time or
other relief with respect to the terms of this Contract. The term claim also includes other matters
in question between the Owner and Design -Builder arising out of or relating to this Contract.
The responsibility to substantiate claims will rest with the party making the claim.
7.1.2 If for any reason the Design -Builder believes that additional cost or Contract time is due
to the Design -Builder for work not clearly provided for in this Contract, or previously authorized
changes in the work, the Design -Builder must notify the Owner in writing within the required ten
calendar day notice period of its intention to claim such additional cost or Contract time. The
Design -Builder must maintain strict accounting of all actual cost and/or time associated with the
claim, in such detail as may be required by Owner. The failure to give proper notice as required
herein will constitute a waiver of said claim.
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7.1.3 Written notice of intention to claim must be made within ten calendar days after the
claimant first recognizes the condition giving rise to the claim or before the Work begins on
which the Design-Builder bases the claim, whichever is earlier.
7.1.4 When the Work on which the claim for additional cost or Contract time is based has
been completed, the Design-Builder will, within ten calendar days, submit Design-Builder's
written claim, together with all supporting documentation required by Owner, to the Owner. Such
claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual
cost and/or time associated with the claim, will not in any way be construed as proving or
substantiating the validity of the claim.
7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design-
Builder will proceed diligently, as directed by Owner, with performance of this Contract and
maintain effective progress to complete the Work within the Contract time(s) set forth in the
Contract Documents.
7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims
except those that are expressly identified as still pending in writing in the Design-Builder's final
Application for Payment.
7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner's rights
arising from:
7.1.7.1 Latent defects;
7.1.7.2 Terms of special warranties required by the Contract Documents;
7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents;
7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.
7.2 RESOLUTION OF CLAIMS AND DISPUTES
The following shall occur as a condition precedent to the Owner's review of a claim unless
waived in writing by the Owner:
7.2.1 Project Representatives' Meeting: Within five days (5) after a dispute occurs, the Design-
Builder's senior project management personnel who have authority to resolve the dispute shall
meet with the Owner's project representative who has authority to resolve the dispute in a good
faith attempt to resolve the dispute. If a party intends to be accompanied at a meeting by legal
counsel, the other party shall be given at least three (3) working days' notice of such and also
may be accompanied by legal counsel. All negotiations pursuant to this clause are confidential
and shall be treated as compromise and settlement negotiations for purposes of rules of
evidence.
7.2.2 Management Representatives' Meeting: If the Project Representatives' Meeting fails to
resolve the dispute or if they fail to meet, a senior executive for the Design-Builder and for the
Owner, neither of which have day to day Project management responsibilities, shall meet, within
ten days (10) after a dispute occurs, in an attempt to resolve the dispute and any other identified
disputes or any unresolved issues that may lead to dispute. If a party intends to be
accompanied at a meeting by legal counsel, the other party shall be given at least three (3)
working days' notice of such and also may be accompanied by legal counsel. All negotiations
Ixora Park Infrastructure Improvements 12
pursuant to this clause are confidential and shall be treated as compromise and settlement
negotiations for purposes of rules of evidence.
7.2.3 Following the Project Representatives' Meeting and the Management Representatives'
Meeting, the Owner will review the Design -Builder's claims and may (1) request additional
information from the Design -Builder which will be immediately provided to Owner, or (2) render
a decision on all or part of the claim. The Owner will notify the Design -Builder in writing of the
disposition of the claim within 21 days following the receipt of such claim or receipt of additional
information requested.
7.2.4 If the Owner decides that the work relating to such claim should proceed regardless of
the Owner's disposition of such claim, the Owner will issue to the Design -Builder a written
directive to proceed. The Design -Builder will proceed as instructed.
7.2.5 If any claim is made pursuant to this Contract, the Design -Builder will provide, at the
Owner's request, all documents in support of the claim. If the Owner requests to review the
Project Documents and the Design -Builder fails to provide them in a timely manner or has failed
to preserve them, the claim by the Design -Builder will be deemed waived.
7.2.6 Documents in support of the claim referred to in this Article may be subject to an
independent audit by the Owner. In the event the audit supports the Design -Builder's claim, the
Owner will pay for the audit. In the event the audit does not support the Design -Builder's claim,
the Design -Builder will pay for the audit.
7.2.7 The exclusive venue for any action initiated by either party associated with a claim or
dispute will be in the appropriate State Court in and for the 19th Judicial Circuit for Indian River
County, Florida or the U.S. District Court in the Ft Pierce Division of the Southern District of
Florida.
ARTICLE 8
TERMINATION OF THE CONTRACT
8.1 This Contract may be terminated by the Owner with or without cause upon at least
seven days written notice to the Design -Builder. Upon termination of this Contract there will be
no further duty or obligation with regard to a Part 2 Contract.
8.2 In the event of termination by Owner without cause, the Design -Builder will be entitled to
receive compensation for that portion of the cost attributable to the services and reimbursable
expenses under this Contract earned through the date of termination. In addition, the Design -
Builder is entitled to receive compensation for direct, out-of-pocket termination expenses.
However, as a prerequisite to receiving such termination expenses, the Design -Builder is
required to include language regarding entitlement to compensation for costs attributable to
services, reimbursable expenses and out-of-pocket expenses in all purchase orders,
subcontracts and other agreements it enters into to effectuate completion of this Contract. The
Design -Builder will not be entitled to any further or additional compensation from the Owner,
including but not limited to, damages or lost or anticipated profits on portions of the Work not
performed.
8.3 In the event of termination for cause, the Owner may retain all payments due to the
Design -Builder at the date of termination until all of the Owner's damages have been
Ixora Park Infrastructure Improvements 13
established and deducted from payments due. To the extent Owner's damages exceed the
payments due Design -Builder, such excess will be paid by Design -Builder to Owner within ten
days of Owner's written demand for same to Design -Builder.
8.4 Upon 30 days written notice to Owner, the Design -Builder may terminate this Contract
only if the Design -Builder is not in default of any term, provision, or covenant of this Contract,
and only upon or after the occurrence of the inability of Design -Builder to perform work for a
period of longer than 90 consecutive days due to war, terrorism, or the issuance of any order,
rule or regulation by a competent governmental authority or court having jurisdiction over the
Owner preventing Design -Builder from operating its business or proceeding with the Contract
Work for a period of longer than 90 consecutive days; provided, however, that such inability or
such order, rule or regulation is not due to any fault or negligence of Design -Builder.
8.5 In the event this Contract is terminated or in the event that a Part 2 Contract is not
executed, Owner will be entitled to retain and use all Project Documents furnished or prepared
by or for the Design -Builder or design professionals employed or retained by the Design -Builder
as set forth in Paragraph 3.1.
8.6 In the event the Owner terminates Design -Builder for cause pursuant to this Article 8 and
it is later determined that such termination was not proper or such termination right was not
otherwise available to the Owner, such termination will be deemed a termination without cause
and Design -Builder's rights and remedies will be limited to those set forth in Paragraph 8.2
above.
8.7 In the event of termination, the Design -Builder consents to Owner's selection of a
successor design -builder of the Owner's choice to assist the Owner in completing the Project,
provided that (1) for a termination for cause, the Owner exercises its rights in good faith, and (2)
for any termination for convenience, the Owner makes all payments due to Design -Builder
under this Contract. The Design -Builder further agrees to cooperate and provide any information
reasonably requested by the Owner in connection with the completion of the Project and
consents to and authorizes the making of any reasonable changes to the Design -Builder's
instruments of service by the Owner and successor design builder as the Owner may desire. In
the event that the Design -Builder is terminated and a successor design -builder is employed to
complete the Project, the Design -Builder shall not be liable for the successor design -builder's
work. However, the Design -Builder remains liable under this Contract for all its acts and
omissions up to and including the date of termination and subsequent provision of any
information required to be provided under this provision.
8.8 Design -Builder certifies that it and those related entities of Design -Builder as defined by
Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s.
215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Owner may
terminate this Contract if Design -Builder, including all wholly owned subsidiaries, majority-
owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to
have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel as set forth in section 215.4725, Florida Statutes. In addition, if this agreement
is for goods or services of one million dollars or more, Design -Builder certifies that it and those
related entities of Design -Builder as defined by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and
Ixora Park Infrastructure Improvements 14
are not engaged in business operations in Cuba or Syria. Owner may terminate this Contract if
Design -Builder is found to have submitted a false certification as provided under section
287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida
Statutes.
8.9 Delays caused by force majeure, including but not limited to extreme weather, acts of God,
epidemics, material shortages, or permitting delays by agencies, shall entitle Design -Builder to
an equitable time extension.
ARTICLE 9
BASIS OF COMPENSATION
The Owner will compensate the Design -Builder for services rendered under this Contract, as
described below.
9.1 COMPENSATION FOR BASIC SERVICES
9.1.1 For Basic Services, compensation will be as follows:
For services performed under Article 1 hereof, total compensation to the Design -Builder will be a
not -to -exceed amount of one million, seven hundred fifty-eight thousand, three hundred ninety-
nine dollars ($1,758,399.00). Invoiced amounts will be based upon work completed and
supported by monthly progress reports submitted to the Owner.
9.1.2 Upon receipt of payment from the Owner, the Design -Builder will promptly pay each
licensed design professional and each subcontractor out of the amount paid to the Design -
Builder, for such licensed design professional's and subcontractor's portion of the Work. The
amount to which said licensed design professional and subcontractor is entitled should reflect
percentages actually retained from payments to the Design -Builder on account of such licensed
design professional's and subcontractor's portion of the Work. The Design -Builder will, by
appropriate contract with each licensed design professional and each subcontractor, require
each licensed design professional and each subcontractor to make payments to their respective
subconsultants and sub -subcontractors in a similar manner.
9.1.3 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the Design -
Builder receives from the Owner. The Design -Builder agrees further to release retainage
payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily
completed and payment of that retainage has been made by the Owner. Any delay or
postponement of payment from the above referenced time frame may occur only for good cause
following written notice to the Owner. This clause applies to both DBE and non -DBE
subcontractors. Retention for Pre -Construction services shall not be held by owner.
9.1.4 Invoiced amounts will be based on the Design -Builder's and subconsultant's most recent
audited overhead rates or agreed upon overhead rates, personnel direct labor rates, negotiated
profits on a percent complete basis.
9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project
and/or location.
Ixora Park Infrastructure Improvements 15
9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing.
Subconsultant and subcontractor contracts must include a provision providing the Owner the
same rights to audit all of Design -Builder's subconsultant and subcontractor contracts entered
into by the Design -Builder to effect Project completion.
9.1.7 An employee basic services spreadsheet based on the fee and scope proposal in Excel
format listing the employee's name, employee's classification and employee's raw rate must be
submitted before the Design -Builder's invoice submittal. If there are changes such as new
employees, new classification or new raw rate, then an updated basic services spreadsheet in
Excel format is required to be submitted. New rate tables must be approved by the Owner.
9.1.8 Basic services invoices that are submitted with a Design -Builder's invoice that are older
than 90 days before the submission date will not be reimbursed.
9.1.9 N/A
9. 1.10 Basic services must be organized using standard separators to identify the basic
services being billed.
9.1.11 All permit requirements and acceptable deliverables are required to be submitted seven
days before submission of a final professional service invoice.
9.1.12 If deficiencies are found, a standard deficiency e-mail will be sent to the Design -Builder
to resolve. Design -Builder will have 24 hours to resolve such deficiency. If the deficiency is not
resolved within that time, the Design -Builder's invoice will be returned.
9.1.13 Owner has the right to withhold payment for amounts in dispute in any invoice. All
undisputed amounts in any invoice shall be paid in accordance with applicable law and this
Contract.
9.2 COMPENSATION FOR ADDITIONAL SERVICES
9.2.1 The compensation for Additional Services under this Contract will be on the basis of the
scope of work and in the amount of fees set forth in a written request of the Owner, which will
have resulted from negotiation of the scope and the fees prior to such request of the Owner.
9.4 INVOICES AND RECORDS
9.4.1 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records
as to the direct expense must be kept on a generally accepted accounting basis and must be
submitted with each invoice to the Owner. In addition, the Design -Builder will submit with each
invoice a detailed accounting of the value of Work performed to date by their design
professionals and subcontractors. This accounting will include the names and addresses of their
design professionals and subcontractors that have participated, a description of the work each
named design professional and subcontractor has performed and the value of work performed
by each named design professional and subcontractor.
9.4.2 If the scope of the Project is changed materially, the amount of compensation may be
equitably adjusted, if requested in writing, by either the Owner or the Design -Builder.
Ixora Park Infrastructure Improvements 16
9.4.3 The Design -Builder will maintain a detailed, itemized, electronic spreadsheet to include
identifiable references to the actual expense, in a format allowing readership in Microsoft Project
or Primavera, of all reimbursable expenses submitted with each application for payment.
9.4.4 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records
as to the direct expense will be kept on a generally recognized accounting basis and will be
submitted with each invoice.
9.4.5 Any compensation paid pursuant to a not -to -exceed amount will constitute full payment
for all costs including, but not limited to, employee benefits, overhead, general administrative
costs, profit and all other unallocated expenses.
9.4.6 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory
performance of its agreement no later than 10 days from the receipt of each payment the
Design -Builder receives from the Owner. The Design -Builder agrees further to release retainage
payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily
completed and full payment, including retainage, has been made for that work by the Owner.
Any delay or postponement of payment from the above -referenced time frame may occur only
for good cause following written notice to the Owner.
9.4.7 With each invoice, the Design -Builder will submit an electronic Excel spreadsheet with
an updated cash flow projection from the current invoice period through the end of the Project.
ARTICLE 10
INSURANCE
10.1 DESIGN -BUILDER'S INSURANCE
10.1.1 Design -Builder must maintain the following limits and coverages uninterrupted or
amended through the term of this Contract. In the event the Design -Builder defaults on any of
the following requirements, the Owner reserves the right to take whatever actions deemed
necessary to protect its interests. Required liability, other than Workers'
Compensation/Employer's Liability and Professional Liability, will provide that the Owner,
members of the Owner's governing body, and the Owner's officers, volunteers and employees
are included as additional insureds. Design -Builder shall require that all subcontractors and
subconsultants maintain insurance meeting all the requirements stated herein (except for
professional liability insurance and environmental impairment insurance) with the sole exception
that the Design -Builder shall determine the applicable limits of coverage and deductible
amounts for its subcontractors and subconsultants and have all applicable policies endorsed to
name the Owner, members of the Owner's governing body, and the Owner's officers, volunteers
and employees named Additional Insureds.
10. 1.2 Workers' Compensation/ Employer's Liability Insurance
The minimum limits of insurance (inclusive of any amount provided by an umbrella or excess
policy) are:
Part One: "Statutory" Part Two:
Each Accident $1,000,000
Ixora Park Infrastructure Improvements 17
Disease - Policy Limit $1,000,000
Disease - Each Employee $1,000,000
10.1.3 Commercial General Liability Insurance
The minimum limits of insurance (inclusive of any amounts provided by an umbrella or excess
policy) without exclusion for independent contractors, XCU, or broad form property damage,
covering the work performed pursuant to this Contract will be the amounts specified herein.
Coverage will be provided for liability resulting out of, or in connection with, ongoing and
completed operations performed by, or on behalf of, the Design -Builder under this Contract or
the use or occupancy of Owner premises by, or on behalf of, the Design -Builder in connection
with this Contract. Coverage shall be provided on a form no more restrictive than ISO Form CG
00 01. Coverage for Products and Completed Operations shall remain in force for a period of
two years following substantial completion of the design phase in the amount of $10,000,000.
Additional insured coverage shall be provided on a form no more restrictive than ISO Form CG
20 10 10 01 and CG 20 37 10 01.
Contract Specific
General Aggregate $10,000,000
Each Occurrence $10,000,000
Personal and Advertising Injury Each Occurrence $10,000,000
Products and Completed Operations Aggregate $10,000,000
10. 1.4 Business Auto Liability Insurance
Coverage will be provided for all owned, hired and non -owned vehicles. Coverage shall be
provided on a form no more restrictive than ISO Form CA 00 01.
The minimum limits of insurance, inclusive of any amounts provided by an umbrella or excess
policy, covering the work performed pursuant to this Contract are:
Each Occurrence - Bodily Injury and
Property Damage Combined $10,000,000
10.1.5 Professional Liability
Such insurance will be maintained throughout the Project and for five years following substantial
completion of the design phase by the Design -Builder. Any deductible amount over $50,000
must be approved in writing by the Owner. This policy shall be endorsed to include contractual
liability. Coverage will include all work of the Design -Builder, including but not limited to, areas
with possible environmental impact, without any exclusions, unless approved in writing by the
Owner. Coverage shall remain in force for a period of two years following substantial completion
of the design phase in the amount of $20,000,000. The limits of coverage will not be less than:
Each Claim $10,000,000
Annual Aggregate $10,000,000
Ixora Park Infrastructure Improvements 18
10. 1.6 Environmental Impairment (Pollution) Liability:
Proof of such insurance will be required during this Contract if determined by the Owner that
circumstances warrant this coverage. Design -Builder agrees to show proof of coverage, without
asbestos abatement exclusion, which arises out of, or in connection with, work or occupancy of
Owner property in the Design -Builder's performance under this Contract. Coverage shall remain
in force for a period of two years following substantial completion of the design phase in the
amount of $10,000,000. The limits of coverage will not be less than:
Each Occurrence $10,000,000
Annual Aggregate $10,000,000
10. 1.7 Waiver of Subrogation
The Design -Builder, for itself and on behalf of its insurers, to the fullest extent permitted by law
without voiding the insurance required by the contract, waives all rights against the Owner,
members of Owner's governing body and the Owner's officers, volunteers and employees, for
damages or loss to the extent covered and paid for by any insurance maintained by the Design -
Builder. The Owner and Design -Builder may mutually agree to adjust insurance limits on a
project -specific basis if the risk profile, scope, or budget of the project reasonably warrants
adjustment
ARTICLE 11
INDEMNITY
11.1 To the maximum extent permitted by Florida law, in addition to Design -Builder's obligation
to provide pay for and maintain insurance as set forth elsewhere in this Contract, Design -Builder
will indemnify and hold harmless the Owner, its members, officers, agents, employees, and
volunteers from any and all liabilities, suits, claims, expenses, losses, costs, royalties, fines and
damages (including but not limited to claims for attorney's fees and court costs) caused in whole
or in part by the:
1. Presence on, use or occupancy by Design -Builder personnel or those for whom Design -
Builder is responsible of Owner property, solely to the extent that such presence on, use or
occupancy of Owner property causes liabilities, suits, claims, expenses, losses, costs, royalties
fines or damages resulting from Design -Builder's negligence or those for whom the Design -
Builder is responsible.
2. Design -Builder's acts, omissions, negligence (including professional negligence and
malpractice), recklessness, intentional wrongful conduct, activities, or operations;
3. Any Design -Builder breach of the terms of this Contract;
4. Performance, non-performance or purported performance of this Contract, but only to
the extent that Design -Builder is at fault;
5. Violation of any law, regulation, rule or ordinance, but only to the extent that Design -
Builder is at fault for such violation;
6. Infringement of any patent, copyright, trademark, trade dress or trade secret rights; but
only to the extent that Design -Builder is at fault for such violation; and/or
Ixora Park Infrastructure Improvements 19
7. Contamination of the soil, groundwater, surface water, storm water, air or the
environment by fuel, gas, chemicals or any other substance deemed by the Environmental
Protection Agency or other regulatory agency to be an environmental contaminant by the
Design -Builder or the Design -Builder's officers, employees, agents, volunteers, subcontractors,
invitees, or any other person whether the liability, suit, claim, expense, loss, cost, fine or
damages, but only to the extent caused by the Design -Builder.
11.2 In addition to the duty to indemnify and hold harmless, Design -Builder will have the
separate and independent duty to defend the Owner, its members, officers, agents, employees,
and volunteers from all suits, claims or actions of any nature seeking damages, equitable or
injunctive relief, expenses, losses, costs, royalties, fines or attorney's fees in the event the suit,
claim, or action of any nature arises from the indemnification obligations described in Section
11.1.
This duty to defend exists immediately upon presentation of written notice of a suit, claim or
action of any nature to the Design -Builder by a party entitled to a defense hereunder. This duty
to defend obligation expressly applies, and shall be construed to include, any and all claim(s)
caused in part by the negligence, acts, or omissions of the Owner, its members, officers, agents,
employees, and volunteers as limited by Fla. Stat § 725.06. In the event of a conflict, Fla. Stat §
725.06 shall control.
11.3 If the above indemnity or defense provisions or any part of the above indemnity or defense
provisions are limited by Fla. Stat. § 725.06(2)-(3) or Fla. Stat. § 725.08, then with respect to the
part so limited, Design -Builder agrees to the following: To the maximum extent permitted by
Florida law, Design -Builder will indemnify and hold harmless the Owner, its members, officers,
agents, employees, and volunteers from any and all liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fee, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the Design -Builder and persons employed or
utilized by the Design -Builder in the performance of this Contract.
11.4 If the above indemnity or defense provisions or any part of the above indemnity or defense
provisions are limited by Fla. Stat. § 725.06(1) or any other applicable law, then with respect to
the part so limited the monetary limitation on the extent of the indemnification shall be the
greater of the (i) monetary value of this Contract, (ii) coverage amount of Commercial General
Liability Insurance required under this Contract or (iii) $1,000,000.00.
11.5 Design -Builder's obligations to defend and indemnify as described in this Article will survive
the expiration or earlier termination of this Contract until it is determined by final judgment that
any suit, claim or other action against the Owner, its members, officers, agents, employees, and
volunteers is fully and finally barred by the applicable statute of limitations or repose.
11.6 Nothing in this Article or Contract will be construed as a waiver of any immunity from or
limitation of liability the Owner, or its members, officers, agents, employees, and volunteers may
have under the doctrine of sovereign immunity under common law or statute.
11.7 The Owner and its members, officers, agents, employees, and volunteers reserve the right,
at their option, to participate in the defense of any suit, without relieving Design -Builder of any of
its obligations under this Article.
Ixora Park Infrastructure Improvements 20
11.8 If the above Article 11.1-11.7 or any part of Article 11.1-11.7 is deemed to conflict in any
way with any law, the Article or part of the Article will be considered modified by such law to
remedy the conflict.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and Design -Builder respectively bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Contract and to the partners,
successors, and assigns of such other party with respect to the covenants of this Contract.
12.2 Except as hereinafter provided, neither party to this Contract will assign or sublet this
Contract, in whole or in part, without the written consent of the other, nor will the Design -Builder
assign any monies due, or to become due, hereunder without the previous written consent of
the Owner. If the Design -Builder attempts to make such assignment or sublet without such
consent, the Design -Builder will nevertheless remain legally responsible for all obligations under
this Contract.
12.3 The Owner reserves the right to transfer its interests herein to any other governmental
body authorized by law to operate the Project.
ARTICLE 13
TRUTH IN NEGOTIATIONS
The Design -Builder certifies that the wage rates and other factual unit costs supporting the
compensation described herein are accurate, complete and current as of the date of this
Contract, and that the original compensation and any additions thereto will be adjusted to
exclude any significant sums where the Owner determines the lump sum amount was increased
due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such
Contract adjustments must be made within one year following the end of this Contract.
ARTICLE 14
PROHIBITION AGAINST CONTINGENT FEES
The Design -Builder warrants that Design -Builder has not employed or retained any company or
person, other than a bona fide employee working solely for the Design -Builder, to solicit or
secure this Contract, and that the Design -Builder has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for the
Design -Builder, any fee, commission, percentage, gift, or other consideration, contingent upon
or resulting from the award or making of this Contract. If the Owner finds that Design -Builder
violates this provision, the Owner may terminate this Contract without liability and, at its
discretion, deduct from this Contract, or otherwise recover from Design -Builder, the full amount
of any fee, commission, percentage, gift, or consideration.
ARTICLE 15
CONTRACT MADE IN FLORIDA
This Contract has been made in and will be construed in accordance with the laws of the State
of Florida.
Ixora Park Infrastructure Improvements 21
ARTICLE 16
PUBLIC ENTITY CRIME CERTIFICATION
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a Design -Builder, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
ARTICLE 17
PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES
This Contract will be terminated in accordance with Florida Statute Section 287.135(3) if it is
found that the Design -Builder submitted a false Scrutinized Company Certification as provided
in Florida Statute Section 287.135(5) or has been placed on the Scrutinized Companies with
Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or the Scrutinized Companies that Boycott Israel List, created pursuant to Florida
Statute Section 215.473, or has been engaged in business operations in Syria.
ARTICLE 18
E -VERIFY REQUIREMENT
The Design -Builder is registered with and will use the Department of Homeland Security's E -
Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired
employees for the duration of this agreement, as required by Section 448.095, F.S. Design -
Builder is also responsible for obtaining an affidavit from all subcontractors, as required in
Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien.
ARTICLE 19
COMPLETE CONTRACT
This Contract represents the entire agreement between the Owner and the Design -Builder and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Contract may be amended only by written instrument signed by both the Owner and the Design -
Builder.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of this Contract will not be construed to be and will not be a waiver of any such
provision or provisions or of its right thereafter to enforce each and every such provision.
CONTRACT
This Contract entered into as of the day and year first written above.
Ixora Park Infrastructure Improvements 22
IN WITNESS WHEREOF, the parties hereto have set their hands and corporate seals by their
proper officers, duly authorized to do so.
OWNER:
INDI RIVee
UN
By:
Jo Chair --a._
y:
John A. Titkanich, Jr., County Adriaa�i�{or'
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: oel� L S" r-1,
Jen r W. S ler, County Attorney
Ryan L. Butler, Clerk of Court and
Comptroller
Attest:
iRL
Deputy Clerk
(SEAL)
Designated Representative:
Design -Builder:
Ric -Man o truc • n Florida, Inc.
By:
Name: Christopher Mancini cRUCTIp '•.,
Title: Vice President �,�; •GORPOiZgT�..lo�
(Corporate
(If Design -Builder is a corhd tipn or
partnership, attach evidenV%GF' to
sign) �ORIP��.••
Attest:
Name:
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Designated Representative:
Address for giving notices:
ATTACHMENT 1— Phase 1 Scope of Work, Schedule, and Fees
Ixora Park Infrastructure Improvements 23
0�'M'�►WADE
CONST. FL, INC.
DEERFIELD BEACN, FLORIDA IN TRIM
INDIAN RIVER COUNTY
Progressive Design -Build Services for Ixora Park Infrastructure Improvements
(IRCDUS Project ID: 41.23.548)
PHASE NO.1
Pre -Construction Scope of Services —10/06/2025
INTRODUCTION
Ric -Man Construction/Wade Trim (Design -Builder or DB) have been selected to provide Progressive
Design -Build services, including project management, planning, engineering, permitting, and
construction services for Ixora Park Infrastructure Improvements located within Indian River County
(County). This project will be a multi-year multi -stage undertaking and includes potable water, sewer,
stormwater, and roads infrastructure rehabilitation, including but not limited to, piping, valves, meters,
manholes, drainage, roadway, and lift station improvements. The Ixora Park area includes
approximately 275 properties and is roughly defined as lying between I" Street SW to the north, 2&
Avenue on the east, South Relief Canal on the south, and 27`x' Avenue to the west.
}'s,(!u-c ll; Project Area
PROJECT DESCRIPTION
Wastewater Services
Indian River County's Department of Utility Services (IRCDUS) currently owns and is responsible
for the Ixora Park sewerage network containing 9,710 linear feet of vitrified clay pipe (VCP) gravity
sewer and 23 manholes with installations dating from 1952. The Ixora Park area features two lift
stations, the first in the south just west of 20' Ave. This station pumps to the second lift station which
connects the system from the northwest corner of the Ixora Park area into a force main along 1" Street
SW. Deficiencies in the VCP have been identified through pipe failures, closed-circuit television
(CCTV) and roadway repair efforts.
This project will facilitate the complete replacement of the existing VCP sewer network and relocation
of all sewers to the centerline of the roadway. As part of the effort, the Design -Builder will assess the
feasibility of a new vacuum sewer system or the replacement and/or rehabilitation of the current
gravity system.
The Design -Builder will assess the option of abandonment and demolition of the two (2) existing
wastewater pump stations and design and construct a new single pump station or vacuum pump
station located in the same location as the pump station at the intersection of 27' Ave SW and 1" St
SW. This option for a new pump station will serve all Ixora Park with a new force main connecting
into the force main in 1 st Street SW.
Drainage Services
The Design -Builder will design and construct replacement stormwater drainage structures (in their
current locations) with standard valley gutter structures, replace all valley gutters and, prepare roadway
plans to meet County standard slopes for residential areas.
Water Services
Water distribution mains and associated meters and valves located outside of the roadway right of
way, including those inside private property and within the roadways, shall be relocated as part of the
project. The Design -Builder will assess the existing water mains to determine if rehabilitation or
replacement is required. An assessment of the potable water piping network shall be conducted and
improvements, if any, shall be included in the design to ensure that water supply to customers is not
impacted during construction services.
Maintenance of Field/Plant Operations
The Design -Builder will assess the impact of the Ixora Park improvements on the operation of the
existing water and wastewater treatment facilities, both during construction activities and following
the infrastructure improvements.
Roadway Services
The Design -Builder will investigate the road settlement issues within Ixora Park to determine the
cause(s) and design and build infrastructure, drainage, and roadway improvements to address the
issues.
Project Management
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The Design -Builder will be responsible for managing scope, schedule, and budget, and maintain
regular communication with the County to keep the County fully apprised of project matters for
duration of the project.
Based on the project description as presented by the County in the solicitation, the Scope of Work
includes the following tasks:
Task 1: Project Management and Coordination
Task 2: Preliminary Investigation/Existing Document Review
Task 3: Preliminary Design Services
Task 4: External Funding Evaluation and Acquisition Assistance
Task 5: Detailed Design Services
Task 6: Permitting
Task 7: Community Outreach Services
Task 8: Guaranteed Maximum Price (GMP) Development and Value Engineering
SCOPE OF WORK
For the development of the Scope of Work, the DB has assumed the following:
• The existing gravity sewer system will be abandoned and replaced. The lift stations will be
abandoned and replaced with a single lift station.
o Should the analysis in Task 3.1 result in IRCDUS selecting a vacuum sewer system
to replace the gravity sewer system, then the DB will prepare an Addendum to
reflect the change in scope, fee distribution, and/or schedule.
• Water distribution mains and associated meters and valves located outside of the roadway
right of way, including those inside private property and within the backyard alleyways,
will be relocated.
o Should the analysis in Task 3.3 result in IRCDUS leaving the existing water utility
infrastructure in place, then the DB will prepare an Addendum to reflect the
change in scope, fee and/or fee distribution, and/or schedule.
TASK 1— PROJECT MANGEMENT AND COORDINATION
1.1 Project Management
Project Management Service activities include resource management, schedule development,
management controls, budget and schedule management, subconsultant coordination,
invoicing, monthly status report and coordination with the county. A project specific Project
Management Plan (PMP) will be prepared establishing team members and responsibilities,
lines of communication, project delivery schedules and project budgets overall and broken out
by phase. The PMP will be updated and distributed based on decisions or changes to the
project definition.
The DB will oversee, coordinate, and review all elements of the project to ensure timely and
accurate work product. The early development of a risk register to identify risks and
opportunities related to project schedule and budget will be established. The risk registry will
be the reviewed at progress meeting and act as the framework of risk management throughout
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the project duration. A Critical Path Method Project Schedule will be created to track progress
and ensure deliverables are ready on time. Progress (or variance) against the PMP schedule
will be presented during progress meetings
The DB will be responsible for providing general correspondence and project administration
services that will include project setup, the Project Management Plan, and electronic file
systems. The DB will also provide monthly status reports to accompany monthly invoices for
work completed and will administer the project from inception through the end of the detailed
design services. The monthly status reports will include project action items status and variance
analysis reports. DB will retain and manage all design subconsultants work under Task 2,
including reviewing subconsultant progress and invoices monthly.
Assumptions:
• Project Management activities are based on an estimated 12 months of design phase
services..
Deliverables:
• Monthly Status Reports
• Monthly Invoice
• Project Schedule
• Project Management Plan
• Monthly Risk Registry Updates
1.2 Project Coordination and Quality Management Plan
The DB will conduct coordination meetings throughout the Pre -Construction Phase to discuss
the project schedule, progress of the work, coordinate activities, resolve outstanding issues,
and assign tasks. Quality assurance (QA) reviews will be conducted by the DB. The QA
professional(s) will be staff not routinely engaged in the Project.
DB will coordinate all the preliminary design services, including that of the subconsultants
with the establishment of drafting standards, applicable design standards, project schedule,
lines of communication, and design responsibilities; scheduling of field activities, monitor
design progress, provide design progress reports, provide design clarifications, conduct bi-
weekly internal design meetings, review invoices and provide recommendation for payment to
the DB.
DB will also develop Quality Assurance/Quality Control (QA/QC) procedures and document
them in an internal Quality Management Plan (QMP) prior to beginning work on the project.
These procedures will define the intervals (level of completion) of review activities, the review
techniques, reviewer qualifications, the review process flow diagram, documentation, and
follow-up procedures. At a minimum, the QMP will facilitate the peer review of work
products for accuracy in their scope, findings, and recommendations. During the design phase
senior reviewers identified in the QMP will be engaged to review the project periodically for
technical merit, constructability, and comparison to the project goals. Reviewers will also be
engaged and consulted during the execution of the project.
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DB will establish and maintain an online SharePoint site for the project team to access and
share design files, reports, specifications, and other project relevant information. The design
meeting agenda and meeting summary will be developed and distributed via electronic delivery
in PDF Format by the DB.
Deliverables:
• QA/QC — Quality Management Plan
• Pre -Design Meetings — Summary Reports
1.3 Progress Meetings
The DB and key design subconsultants, as needed, will facilitate progress meetings with
IRCDUS to review design activity progress, present an updated schedule (noting variances),
review project costs, and discuss any current major project decisions needed or challenges
being faced. When possible, other meetings, workshops, etc. will be scheduled to coincide
with these meetings to increase efficiency. Attendance will be virtual using Microsoft Teams
or similar software or in person if determined necessary. The progress meeting agenda and
meeting summary will be developed and distributed via electronic delivery in PDF Format by
the DB.
Assumptions:
• 20 meetings of a one-hour duration attended by two key team members have been
budgeted for this task. Up to two -hours per meeting has been budgeted for
preparation of agenda and meeting summary.
Deliverables:
Progress Meeting Agenda
Progress Meeting Summaries — Bi -Weekly
TASK 2 — PRELIMINARY INVESTIGATION/EXISTING DOCUMENTATION
REVIEW
2.1 Formal Data Request/Review
Upon request, IRCDUS will provide to the DB copies of available information relevant to the
Service Areas for review including, but not limited to:
• GIS — city and utility data
• Right -of -Way maps for the service area
• Water, Sanitary sewer and Lift Station as -built information
• Available videos and pictures depicting deficiencies in the existing gravity sewer that
have been identified through pipe failures, closed-circuit television (CCTV) and
roadway repair efforts
• Collection System PACP assessment performed by Kimley Horn
• Location, parcel data, and available surveys for properties owned by the County in the
area
• Environmental reports, surveys, or assessments performed in the service area
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• Location of public and private roads within the Service Areas
• Road design reports, design drawings, and as -built drawings
• Available right-of-way maps of the Service Areas
• Previous survey
The DB will provide the baseline schedule for key decisions to be made for the necessary field
investigations to support the design and construction.
2.2 Site Visits
The DB will complete site visits for the service area that include data collection, as -built
verification, exterior residential sewer line cleanouts, potential parcels for pump stations and
vacuum pump stations, potential pipeline obstacles like large existing trees, identification of
potential environmental impacts, and other data collection necessary for the project.
2.3 Survey
The DB will utilize a Surveying Subconsultant to perform survey services for the project area
as depicted in Figure 1(above) and as described below that include the following:
• Topographic Survey Horizontal and Vertical Control
Set and reference Survey Control Points as horizontal and vertical control (HVC)
points in well-established structures throughout the service area.
o The HVC control locations will be reviewed with the County Survey staff prior
to establishment.
o Horizontal control data will be referenced to the Florida State Plane
Coordinate System, East Zone and the North American Datum of 1983,
Adjustment of 2011 (NAD 83/2011).
o Vertical control data will be referenced to the North American Vertical Datum
of 1988 (NAVD88). A conversion from NAVD88 to the National Geodetic
Vertical Datum of 1929 (NGVD29) will be provided for the site.
• Right of Way, Easements, and Alignment
Existing plats, easements, land surveys, deeds, and other relevant document shall be
reviewed. Conduct title searches to identify existing easements, encumbrances, and
ensure accuracy of rights-of-way limits. Identify discrepancies between the plats and
actual site conditions. Provide Indian River County Right -of -Way Inventory files and
confirm right-of-way lines and compile findings in a brief report summarizing research
results, list of existing easements, and identified discrepancies or conflicts
Provide calculated alignments based on approximate centerline of pavement and
include horizontal and/or vertical points of curvature (HPC/VPC) control points
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shown and reference to alignment where applicable. NOTE: No alignment points will
be set or referenced in the field.
• Topographic Survey
Complete a topographic survey of all public streets, rear lots where existing utilities are
located, and pump station sites (two) located within the project area with a maximum
grid spacing of 50 feet. A drainage survey will also be conducted in the project limits
and included in the topographic survey file.
The survey will include the location of above -grade features or improvements within
10 feet beyond the right-of-way or within 10 feet on each side of existing utilities in
rear lots including: visible features (pavement, curbs, sidewalks, walls, fences, power
poles, fire hydrants, utility marker posts, pull boxes, valve boxes, manholes (rim and
invert elevations, including size / material and direction where identifiable), rear lot
private property features (fences, buildings/sheds, pavers, trees, shrubbery, decorative
landscaping, slabs), storm inlets and outfalls (rim and invert elevations, including size
/ material and direction where identifiable), junction boxes, cleanouts, fire hydrants,
trees above 4" Diameter at Breast Height (DBH), etc.
• Jurisdiction Line Survey
Utilize conventional survey methods to survey wetland flag locations, if any, as flagged
by others.
Parcel delineations and plat and easement review based on available public data and/or
information provided by Owner.
Deliverables:
• Topographic survey files
• Surveyor and Mapper report documenting the processes and procedures used for the
completion of this project.
2.4 Subsurface Utility Engineering
The Design Consultant will utilize a Subsurface Utility Engineering (SUE) subconsultant to
perform SUE services to complete Level A subsurface locates to use during design activities.
This utility mapping will include developing base maps using existing record drawings and other
existing information. Vacuum potholing and other locating methods will be used as needed to
evaluate utility locations for existing underground utilities. Designation includes 2-dimensional
collection of existing utilities and selected 3-dimensional verification as needed for designation.
Location includes non-destructive excavation to determine size, material, service, and location
of existing utility, as necessary for final 3-dimensional verification. Survey includes collection of
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data on points as needed for designates and locates. Includes analysis and processing of all field
collected data, and delivery of all appropriate electronic files.
It is assumed that up to 8 SUE locates will be required. Once identified, the location of utilities
will be surveyed and shown on the project mapping. A SUE Table consisting of following
information will be developed and included in the design drawings:
• Utility owner
• Utility service
• Pipe/conduit diameter
• Pipe/conduit material
• Grade elevation
• Utility elevation
• Utility depth
• Northing and easting coordinates
Work Zone Safety. The SUE Subconsultant will provide maintenance of traffic (MOT) as
required per FDOT guidelines. The SUE subconsultant shall submit a dig ticket to Sunshine
811 requesting utility location services 48 hours in advance of the field work. County and
FDOT pen -nits will be obtained to perform work located within the roadway or where
temporary lane closures are required. Maintenance of traffic will be provided for assumed test
holes in the roadway and along roadways with no shoulders and ditches.
Assumptions:
• SUE services will commence within 10 days of NTP.
• Alignment for SUE locates will be coordinated between the DB and SUE
Subconsultant.
• Survey of SUE locations to be coordinated with surveying subconsultant.
Deliverables:
• SUE Table and Utility Matrix
2.5 Geotechnical Services
The DB will utilize a Geotechnical Subconsultant to provide geotechnical data (soils and
groundwater) along the pipeline alignments. Professional Geotechnical Engineering services
will include the following:
• Review soil information published by the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (MRCS). Review potentiometric and
topographic information published by the United States Geological Survey (USGS).
• Review available geotechnical soil borings in the vicinity of the proposed pipe
alignments and, if appropriate, use the data to determine the proposed geotechnical
exploration. (if Any)
• Perform a site reconnaissance to ascertain site access and establish a geotechnical field
investigation plan.
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• Coordinate utility clearances with Sunshine One Call. Utilities outside of Sunshine One
Call's jurisdiction, such as privately owned utilities, will need to be located by others
prior to geotechnical excavations.
• Coordinate with other subconsultant(s) who will be completing geotechnical field -
services.
• Classify and stratify the soil samples encountered in accordance with Unified Soil
Classification System.
• Conduct laboratory testing on select soil samples to confirm the visual classification
and estimate engineering properties. It is anticipated that the following tests will be
performed.
o Single Sieve Grain Size Analysis Tests
o Full Sieve Grain Size Analysis Tests
o Atterberg Limits Tests
o Organic Content Tests
o Natural Moisture Content Tests
o Corrosion Series Tests (Soil and Water - pH, Sulfates, Chlorides and
Resistivity)
• Prepare a boring location plan and soil boring profiles that graphically depicts the soil
and groundwater conditions encountered.
• Identify the locations and descriptions of any existing fill or potentially deleterious
materials encountered within the borings.
• Perform 5 roadway pavement cores at select locations where the pavement is failing
and as identified by the DB.
• Standard Penetration Test (SPT) borings
o Sewer Pipe Alignment - Perform 12 SPT borings to a depth of 20 feet. SPTs
locations to be coordinated with the DB.
o Pump Station Site — Perform 1 SPT boring to a depth of 40 feet. SPT location
to be coordinated with the DB.
o The soil sampling will be performed in accordance with the American Society
for Testing and Materials (ASTM) test designation D-1586. Typically, SPT
resistance N -values will be taken continuously to a depth of 10 feet and on 5 -
foot intervals thereafter.
• Hand Auger Borings
o Perform up to 8 hand auger borings to a depth of 5 feet at select locations
along the water/sewer pipeline alignments.
o Perform 4 hand auger borings to a depth of 10 feet at the proposed pump
station site.
• Perform permeability testing at depths ranging from 5 to 10 feet below grade at
locations to be identified in the field.
• Install at least one temporary piezometer within the project area and measure stabilized
groundwater levels.
• Prepare a geotechnical report that summarizes the course of study pursued, the field
data generated, laboratory test results, subsurface conditions encountered, and
geotechnical recommendations related to utility installation and roadway repairs.
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Work Zone Safety. The Geotechnical Subconsultant will provide maintenance of traffic
(MOT) as required per FDOT guidelines. The Geotechnical Subconsultant shall submit a dig
ticket to Sunshine 811 requesting utility location services 48 hours in advance of the field work.
County and FDOT permits will be obtained to perform work located within the roadway or
where temporary lane closures are required. Maintenance of traffic will be provided for
assumed test holes in the roadway and along roadways with no shoulders and ditches.
Deliverables:
• Geotechnical Report
2.6 Environmental Services
DB will utilize an Environmental Subconsultant to perform preliminary project research and
regulatory agency coordination to assure that design efforts are properly directed toward
permit requirements. The Environmental Subconsultant will review survey and survey report
for existing easements or other restrictions that may exist both within or adjacent to the
proposed project boundary.
• Wetland Delineation. The jurisdictional boundaries of each wetland and surface
water within the pipeline corridors and pump station sites will be delineated in
accordance with the State of Florida Wetland Delineation Methodology outlined in
Chapter 62-340, F.A.C. and the U.S. Army Corp of Engineer's (ACOE) Interim
Regional Supplement to the Wetland Delineation Manual. GPS coordinates of the
wetland flags will be collected, and maps prepared showing the approximate wetland
limits overlain on aerial imagery. DB will meet on-site with staff from either IRCDUS
or the Florida Department of Environmental Protection (FDEP) to obtain agency
approval of the wetland and surface water boundaries, if any.
• Habitat Assessment and Protected Species Evaluation. A field review of the
proposed improvement areas will be conducted to describe the habitats and determine
the potential presence of species listed by the U.S. Fish and Wildlife Service (FWS) or
the Florida Fish and Wildlife Conservation Commission (FWC) as endangered,
threatened, or Species of Special Concern. In addition, FWS and FWC protected
species databases and GIS data will be reviewed. A habitat assessment memorandum
will be prepared that includes habitat descriptions, photos, and observed protected
wildlife along with an aerial map showing their location.
• Gopher Tortoise Survey. The Environmental Subconsultant will conduct a survey of
suitable gopher tortoise habitat within the project limits in accordance with
methodology outlined in the Florida Fish and Wildlife Conservation Commission's
(FWC) Gopher Tortoise Permitting Guidelines dated July 2020. Potentially occupied
burrows will be marked in the field, the activity status noted, and GPS coordinates
recorded.
It is assumed that no gopher tortoise permitting required. If needed, additional services
will be provided as described under COMPENSATION.
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Assumptions:
• Environmental services will commence within 10 days of NTP.
• Alignment for the environmental evaluations will be based on the layout of existing
water and sewer utilities, including those that are in easements and/or rear lots within
the Ixora Park service area.
• This scope does not include contamination assessment or mitigation activities in the
project corridor.
Deliverables:
Wetland boundary maps
Habitat assessment memorandum
• Gopher tortoise survey
TASK 3 — PRELIMINARY DESIGN SERVICES
3.1 Sewer System Replacement Alternatives Analysis
DB will prepare and submit a Technical Memorandum evaluating the feasibility of
rehabilitating Ixora Park's current gravity sewer system, replacing it with a conventional gravity
sewer system, or replacing it with a vacuum sewer system. The pros and cons for each
approach will be provided, including regulatory constraints, construction limitations,
timeframes for implementation, customer impacts, grant differences, installation costs,
maintenance requirements and life cycle costs.
Specific items that will be considered as part of the alternatives analysis include the following:
• The DB shall review existing PACP assessments and other photos/videos obtained
from ICRDUS to determine the need and amount of in-place gravity sewer
rehabilitation required.
• The feasibility of replacing the two existing pump stations and replacing them with a
new, single pump station located centrally located in project area.
• Potential impacts to the wastewater treatment facilities during and after construction.
The Technical Memorandum will be presented to IRCDUS for review and discussion with the
outcome of the discussion resulting in the selection of the collection system that will be
designed for Ixora Park.
3.2 Roadway Failure Investigation
DB will prepare and submit a Technical Memorandum to identify root causes of identified
roadway deficiencies within Ixora Park. Existing information, including road design reports,
design drawings, and as -built drawings will be reviewed and analyzed to determine the
adequacy of the design. Field and laboratory testing results obtained from Task 2 will be used
to evaluate the damaged or failing road sections. Upon completion of the design analysis,
physical inspections, and field/laboratory testing, the Technical Memorandum will provide
recommendations and options for addressing the noted roadway deficiencies.
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The Technical Memorandum will be presented to IRCDUS for review and discussion with the
outcome resulting in the roadway improvements that will be designed for Ixora Park.
3.3 Water Main Assessment
The DB will perform a desktop assessment of the water main piping located within the ROW
and all lines located within backyard easements will be replaced and relocated to the ROW.
The assessment will evaluate the existing water main by date of installation and pipe material.
Water main installed prior to 1980 or any material besides C900 PVC will be recommended
for replacement. Locations with contradicting or insufficient data will be flagged for possible
further analysis/exploration.
The results of the assessment will be presented to IRCDUS for review and discussion with
the outcome of the discussion resulting in the design direction for the water main system in
the project area.
3.4 System Hydraulics and Point -of -Connection
DB will coordinate system hydraulic modeling that documents the current and projected flow
requirements and will confirm the hydraulic basis for the selected sizing of proposed pipelines,
force mains, pump stations, and sewage transfer pump sizing based on the locations of pump
station (s). DB will work with IRCDUS or designated representative to locate the point -of -
connection into the water and wastewater systems.
3.5 Construction Phasing and Buildout Plan
The DB will prepare and submit a Technical Memorandum for a construction phasing plan
that is intended to align with current and subsequent funding availability and minimize
disruptions to the public while streamlining the installation of the improvements. Each phase
will be provided, at a minimum, with the following details:
• Scope of Work
• Anticipated duration of design and construction
• Anticipated road closures
• Laydown and staging areas
• Potential disruptions to water or sewer services
• Demolition and Abandonment plan
• Private side (rear lot) access needs
• Community Outreach needs
• Budgetary cost estimate - rough order of magnitude (ROM)
The Technical Memorandum will be presented to IRCDUS for review and discussion with the
outcome being documented as part of Task 3.8.
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3.6 Pre -Design Workshop
DB will schedule and lead a pre -design workshop with IRCUD to discuss and kick-off the
Basis of Design Report (BODR) and 30% design work. An agenda will be prepared and
followed with a meeting summary posted at the end of the meeting. The meeting will discuss
key deliverables, project milestones, expectations, and communication protocols.
3.7 30% Design
The DB will prepare 30% design drawings and specifications, to a level that illustrates the
design intent. The 30% Design Submittal will include the following:
• Pipeline and right of way improvement plan sheets
• Pump Station Plan and Sections
• Civil, structural, mechanical, electrical and instrumentation needs will be provided in
the form of a Technical Memorandum
• Table of Contents of project specifications
• Identification of anticipated permits
Depending on the level of survey completed, the documents will be prepared with available
survey and when survey is not available, drawings will be completed using available County
GIS files and right-of-way information that will be placed in CAD files and used to provide
preliminary layouts and locations of the water and wastewater collection system.
The 30% design will be prepared in accordance with the County's standards. Drawings will,
to the extent possible, use the County's CAD standards and technical specifications and
conform to County standards. The DB will adhere to their own CAD standards for plotting
and provide the County with the applicable plot files.
The DB will attend review meetings at the 30% design milestone in the design process.
3.8 Basis of Design Report
Based on the direction provided by IRCDUS regarding Task 3.1 and Task 3.4, the DB will
prepare a Basis of Design Report (BODR) that documents the current and projected flow
requirements and presents the hydraulic calculations showing the selected sizing of the
proposed improvements such as water mains, collection mains, force mains, pump stations,
pump sizing, and sewage transfer pump sizing. The 30% design drawings will be incorporated
and will be submitted showing the proposed alignments, location of pump stations, and point -
of -connection into the wastewater system.
The BODR will document the direction provided by IRCDUS per Task 3.2. Proposed
hardscape improvements will be documented, and major deficiencies will be noted.
The BODR will include the phasing plan and ROM, pipeline alignments and permit
requirements.
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The BODR will include, as appendices, deliverables from Task 2, Task 3.1, Task 3.2, Task
3.5, Task 3.6 and Task 3.7.
The DB will meet with IRCDUS to discuss the draft BODR and incorporate any comments
into the final BDOR Submittal.
TASK 4 — EXTERNAL FUNDING EVALUATION AND ACQUISITION ASSISTANCE
4.1 External Funding Recommendations
DB will review approved funding sources that have already been acquired by IRCDUS for the
project and will identify additional grant opportunities through research and through the
FundingScout grant identification process. Grant opportunities will be identified, with
consideration being given to the phasing plan's anticipated timeline to commence the work,
(Task 3.7) and summarized in a Grant Memorandum. The memorandum will summarize grant
eligible uses, funding ranges, strategies to pursue, and regulatory or administrative impacts.
Upon review of the Grant Memorandum and concurrence from IRCDUS, the DB will
proceed to Task 4.2.
Deliverables:
Grant Review Memorandum
4.2 Grant Writing
DB will assist IRCDUS in developing grant applications or communications that support
obtaining Federal, State, and other funding. This may include the development of grant
narratives, illustrations, budgets, and other information required by grant guidelines. Special
consideration will be given for securing grants that are in line with the phasing plan's timeline.
4.3 Post Submission Grant Support
Wade Trim will assist the Owner throughout the process of grant review and award, which
often requires the Owner to respond to agency requests for information.
4.4 Other Grant Services
Other services may be requested relating to grant funding, which may include assisting the
Owner with or performing grant administration and reporting.
TASK 5 — DETAILED DESIGN SERVICES
5.1 60% Design
Upon completion of Task 2 and Task 3, DB shall prepare and submit 60% Design
Documents that consist of the following:
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• Drawings developed to prepare and submit for permits to include:
• General drawings
■ Cover, Legend, Abbreviations, SWPPP
• Demolition and abandonment
• Phasing plan
• Plan and profile drawings of final pipe and appurtenances alignments
• Plan and section views of pump station(s)
• Pump Station structural, mechanical, electrical, and instrumentation drawings
• Site, Roadway and Stormwater Improvements
• Utility conflicts
• Standard pipeline and connection details
• Bedding and connection requirements
• Air release and isolation valve locations
• Maintenance of Traffic (MOT) and road closure drawings
• Environmental delineations
• Staging and storage areas
• FDEP chlorine injection point and sampling locations details
• Technical specifications in CSI Format including:
• Supplementary Conditions
• Division 1 requirements per BODR
• County standards and design requirements
• Test reports
• Schedule of submittals
• Individual specification sections to include:
■ Material submittals
■ Shop drawings
■ Test reports
■ Closeout documents
■ Warranties/guarantees
• Quality control plan
• Testing schedule
• Provide recommendations for tree protections, if needed, for protected trees
or other exceptional trees to remain, using BMP and other ISA Arborist data
• Laydown area plan and a pipe and materials staging plan
• Pipe stringing and welding plan (if required)
• Copies of all meeting summaries and relevant correspondence
• A list of value engineering and constructability alternatives
• Alternative pricing for all value engineering alternatives
• Updated cost estimate (draft GMP) for the proposed work
• Updated Project Schedule illustrating critical path and any changes in schedule detail
• Permit applications will be prepared and submitted to IRCDUS for signature at the
conclusion of the 60% phase of design.
• Attend a preliminary design review workshop with IRCDUS prior to 60% submittal.
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• Attend a 60% design review workshop with IRCDUS.
Assumptions:
• One Set of Specifications will be prepared jointly between DB members for the entire
project.
• DB will provide input on design activity durations, schedule preparation, and critical
path identification
Deliverables:
• One electronic copy of the 60% Design Documents
5.2 90% Design
DB shall prepare and submit 90% Construction Documents that advances the design and
incorporates 60% IRCDUS comments and additional comments received from the permit
agencies that consists of the following:
• Complete Construction Documents consisting of drawings and technical
specifications
• Copies of all meeting summaries and relevant correspondence
• Updated Design CPM Schedule
• Attend a preliminary design review workshop with IRCDUS prior to 901/o submittal.
• Attend a 90% design review workshop with IRCDUS.
DB shall develop and maintain a 60% Design Review Comment Log with resolutions that will
be populated with responses and submitted to IRCDUS via electronic delivery in PDF Format
for approval prior to incorporating the comments and advancing the documents to 90%
Documents.
Deliverables:
One electronic copy of the 90% Design Documents
60% Design Document Review Comment Log with resolutions
Updated Design CPM Schedule
5.3 Issued for Construction (IFC) Documents
Upon IRCDUS's approval of the responses to the 90% Design Review Comment Log, the
DB shall prepare and submit IFC Documents that will incorporate IRCDUS's 90% review
comments and the final comments received from the permitting agencies, and consist of the
following:
• Complete Construction Documents consisting of drawings and technical
specifications
• Copies of all meeting summaries and relevant correspondence.
DB shall develop and maintain a 90% Design Review Comment Log with resolutions that will
be populated with responses and submitted to IRCDUS via electronic delivery in PDF Format
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for approval prior to incorporating the comments and advancing the documents to IFC
Documents.
Deliverables:
One electronic copy of the IFC Documents
90% Design Document Review Comment Log with resolutions
TASK 6 — PERMITTING
6.1 Pre -Application Meetings
Upon completion of the 30% design phase, the DB shall schedule pre -application meetings
with applicable permitting agencies to identify any existing permits and confirm specific
permitting requirements for the project. The DB and key design subconsultants will provide
a pre -application meeting agenda to IRCDUS for review two business days prior to each
meeting and shall provide written minutes of each meeting within seven business days of the
meeting for IRCDUS approval prior to distribution to attendees.
6.2 Permit Application Preparation and Submittal
After 60% design, the DB will prepare and submit all applications and prepare responses to
all agency requests for additional information (RAI), including completion of design revisions
that may be required to secure the required permits and provide draft response packages to
IRCDUS. The DB will coordinate with IRCDUS until all permits are obtained. The comments
received from the individual permitting agencies shall be incorporated into the design
documents as needed.
Assumptions:
• All permit application fees will be paid by DB directly.
Deliverables:
• Meeting Agendas and Meeting Summaries
• Copies or permit applications and corresponding exhibits
• Responses to RAIs
• Copies of approved permits
• Permit Log
The following is a list of anticipated permits:
• Indian River County
o Land Clearing Permit
o Tree Removal Permit
o Right -of -Way Use Permit
o Site Work Permit
• Indian River Farms Water Control District
o Utility Construction Permit Form
• Florida Department of Environmental Protection (FDEP)
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o Environmental Resource Permit (pump station sites)
o Drinking Water General Permit — Water Main Extension
o Domestic Wastewater Individual Permit — Collection/Transmission System
St. Johns River Water Management District
o Environmental Resource Permit (right of way) — Verification of exemption
US Army Corp of Engineers (USACE)
o Section 404 Dredge and Fill Permit — Verification of exemption
US Fish and Wildlife Service (USFWS) (If necessary)
TASK 7 — COMMUNITY OUTREACH SERVICES
The DB and Public Outreach Subconsultant (Valerin) will work with IRCDUS and other County staff
to provide proactive public engagement and community outreach during the design, which is
anticipated to last approximately 12 months. These tasks will include the following.
7.1 Public Engagement I Public Outreach Plan
Public Outreach Subconsultant will develop a Community Outreach Plan (COP) tailored to
the specifics of the project that will serve as the communications blueprint for public
engagement and information -sharing activities during design. The COP is a dynamic
document that typically includes:
• Public Outreach Goals/Objectives
• Brand Consistent Messaging
• Public Outreach and Education Strategies, Activities, and Tools
• Key Stakeholders
• Schedule/Implementation Information
Deliverables:
Public Engagement and Outreach Plan
Public Outreach Exhibits
7.2 Stakeholder Data Management
Public Outreach Subconsultant will identify impacted property owners, residents, and tenants
located within the Ixora Park area for the development of a stakeholder database to be
approved by the IRCDUS. In addition, the database will include city and county government
officials, local law enforcement, emergency management services, fire and rescue, schools,
hospitals, homeowners associations, local chambers of commerce, transit authority (if
applicable), media and other interested parties. All correspondence will be tracked and
documented in the stakeholder database.
Deliverables:
• Mailing Area/Stakeholder Map
7.3 Project Phone and Email Contacts
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Public Outreach Subconsultant will setup, monitor, respond to, and document
communications received via the project phone number and email address. Project -related
communications will be documented in the stakeholder database.
7.4 Project Collateral
Public Outreach Subconsultant will develop the following collateral for the design phase of
the project. All collateral will be in "plain language" and will be ADA compliant.
o Fact Sheet with QR Code (including contact information)
o Frequently Asked Questions (FAQs)
All deliverables will be provided to the County for review and approval prior to distribution.
7.5 Website
Public Outreach Subconsultant will prepare and provide project content to the County for
posting to the County's project website and social media platforms.
7.6 Design Public Information Meeting
During the Design Phase, the Public Outreach Subconsultant will support, plan, coordinate,
and attend one in-person Public Information Meeting. Tasks will include identifying and
securing an ADA -compliant venue, conducting an on-site visit, and developing a meeting
room/ format layout. The Public Outreach Subconsultant will also check available local agency
and county government calendars for potential date conflicts; prepare and distribute the
meeting notifications; and assist with the preparation of meeting collateral such as
handouts/fact sheets, Frequently Asked Questions (FAQs), press release, PowerPoint
presentation, comment cards/forms, sign -in sheets, Welcome and Title VI boards. Meeting
notifications will be provided in advance via direct mail, email, social media, or a combination
of these methods. The Public Outreach Subconsultant will provide sufficient staff to assist
with meeting logistics including meeting set up and tear down and participant registration/ sign
assistance. A meeting summary will be prepared to document attendees, prepared/presented
information, and general comments/ feedback from participants.
TASK 8 — GUARANTEED MAXIMUM PRICE (GMP) DEVELOPMENT
8.1 GMP Development
DB will prepare iterative cost models during design phase services (30% ROM, 60% Draft
GMP) which will serve as the basis for the 90% GMP(s) development and submission.
Depending on the construction phasing plan (TASK 3.5) multiple GMPs may be utilized
during the construction services — Phase 2.
DB will prepare and submit a draft GMP(s) Proposal at the conclusion of the 90% design,
which will be reviewed with IRCDUS. DB will develop and provide GMP(s) Proposal
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Notebook(s). After review and negotiations of the draft GMP(s) Proposal the DB will be
responsible for resolving all assumptions and clarifications prior to submitting the final
GMP(s).
DB will assemble the package(s) - Proposal Notebook(s), including providing an estimate of
quantities, input on schedules and review of the GMP(s) proposal.
DB will submit a detailed construction schedule for all work related to the completion of the
Project. The schedule shall be consistent with any previously issued schedules approved by
IRCDUS and shall not exceed time limits established within this solicitation, unless otherwise
approved by the IRCDUS.
DB will work with IRCDUS to identify scope items for the development of Early Works
Packages, such as site clearing/grubbing, access, utility relocation or shoring, equipment and
materials procurement, etc. Upon mutual agreement of the scope of the early works packages,
the authorization for the DB to perform any approved early works will be at the sole discretion
of IRCDUS.
Deliverables:
• GMP(s) Proposal Notebook(s)
• Construction Schedule
PROJECT REPRESENTATIVES
Indian River County:
• IRCDUS
Project Manager
Project Engineer
(Utilities)
Project Engineer
(Public Works)
Public Information Officer
Design -Builder:
• Ric -Man Construction, Inc.
Project Manager
• Wade Trim, inc.
Howard Richards
hrichards@indianriver.gov
Harrison Youngblood
hyoungblood@indianriver.gov
Danny Ooley
DOoley@indianriver.gov
Jay Shatara
jshatara@indianriver.gov
Christopher Mancini
christopherm6Et ric-manfl.com
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Project Manager David Mullen, PE
dmullen(a)wadetrim.com
Design Manager Christopher A. Little, PE
clittle(@wadetrim.com
• Tim Rose Contracting, Inc.
Project Manager Zach Rose, CUC
zach (a)timothyrosecontracting.com
• KSM Engineering and Testing (Subconsultant) — Geotechnical / Eng Services
• Masteller, Moler & Taylor, Inc (Subconsultant) — Survey/Mapping
• Valerin (Subconsultant) — Community Outreach / Public Involvement
• Hamden Environmental(Subconsultant) — Environmental Investigations
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SCHEDULE
DB anticipates the completion of all activities included in Phase One proposed tasks within 12 months
from Notice to Proceed. The itemized schedule of deliverables for each task will be coordinated by
the DB.
It is anticipated that IRCDUS will furnish review comments to the DB within ten working days after
each submittal. Submittals will be made in accordance with the below Project schedule.
PROTECT SCHEDULE
Milestone
Date Due from NTP
Calendar Da s
Task 1: Project Management and Coordination
362 days
Task 2: Preliminary Investigations/Existing
Document Review
68 days
Task 3: Preliminary Design Services
138 days
Task 4: External Funding Evaluation and
Acquisition Assistance
74 days
Task 5: Detailed Design Services
348 days
Task 6: Permitting
310 days
Task 7: Community Outreach Services
348 days
Task 8: GMP Development
362 days
FINAL SUBMITTAL
362 days
The milestones shown in the above schedule are contingent upon receipt of the data requested from
the County. If the Design Consultant does not receive review comments within the ten (10) working
day review period, the Design Consultant will continue to progress the work. Receipt of late comments
may result in revisions to the design schedule and design milestones.
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COMPENSATION
The DB will provide the base services described herein for Tasks 1 through 8 for the lump sum fee
of $1,698,399. The table below summarizes the estimated fee associated with each task.
Task
Fee
Task 1: Project Management and Coordination
$137,325.00
Task 2: Preliminary Investigations/Existing Document Review
$160,839.00
Task 3: Preliminary Design Services
$237,163.00
Task 4: External Funding Evaluation and Acquisition
Assistance
$45,750.00
Task 5: Detailed Design Services
$778,084.00
Task 6: Permitting
$54,476.00
Task 7: Community Outreach Services
$52,312.00
Task 8: GMP Development
$232,450.00
Subtotal
$1,698,399.00
Permit Allowance
$10,000.00
General allowance
$50,000.00
Total
$1,758,399.00
Additionally, an allowance of $10,000 is included to cover permit application fees and a $50,000
allowance is included for general items. These allowances will only be utilized if approved and
authorized by IRCDUS.
The DB shall invoice the County the fee allocated for each task or subtask upon the completion of
each milestone as determined by the completion of the specified deliverables. At the Direction of the
County, the DB may be requested to provide additional services. These additional services will be
detailed in a Work Change Directive and the fees will be negotiated with the County. Work for
additional services will be priced the same as this Phase One proposed tasks. DB will submit a detailed
tasks description and a fee schedule with staff and hours expected to complete. Work for additional
services will not commence until authorization is provided by the County.
A detailed breakdown of the compensation for the scope of services is provided in the following
sheets.
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