HomeMy WebLinkAbout2026-078Design -Build Contract
This Part 1 Contract (Contract) for design -build services is made and entered into this 21 st day of
April, 2026 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 Amici Engineering Contractors, LLC, a Florida Corporation, authorized to do
business in the State of Florida, hereinafter referred to as the "Design -Builder".
For the following Project: Hobart Landing Septic -to -Sewer Project, Project ID: 21.24.508
The 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 engineering:
Chen Moore & Associates, Inc. herein referred to as "Designer".
The Owner and Design -Builder agree as set forth below.
ARTICLE 1
DESIGN -BUILDER
1.1 SERVICES
1.1.1 Conceptual, schematic, design development, permitting, and construction documents,
budget, and schedule comprise the services required to accomplish the preparation and submission
of the Design -Builder's Contract Price (CP) Proposal that may be executed as a Guaranteed
Maximum Price (GMP) or Lump Sum (LS), as well as the preparation and submission of any
modifications to the CP Proposal prior to execution of the Phase 2 Construction Amendment to this
agreement.
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) 2025043, issued
on June 20, 2025, entitled "Progressive Design -Build Services for Hobart Landing Septic to Sewer
Project", which is incorporated by reference herein, and the Design -Builder's fee and scope of work
proposal, submitted April 3, 2026, 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:
1.2.1.1 This Contract and any agreed upon written amendments
1.2.1.2 Design -Builder's Phase 1 Pre -Construction 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
Hobart Landing Septic -to -Sewer Agreement 1
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 Juan Barreneche, whose business address is 9480 SW 77th Avenue, Suite
103, Miami, FL 33156, and who will have full authority to bind and obligate the Design -Builder on all
matters arising out of or relating to this Contract, as the Project Director. 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. Though the contractual
obligations of such professional persons or entities are undertaken and performed in the interest
of the Design -Builder, it is expressly acknowledged and agreed by Design -Builder that Owner will
be identified as an intended third party beneficiary of the agreements between Design -Builder
and the design professionals.
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.
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 who 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.
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, except for the third party beneficiary
obligation set forth in Paragraph 1.2.3 above.
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.
Hobart Landing Septic -to -Sewer Agreement 2
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 CP has been agreed to, and prior to the execution of the Phase 2 Construction
Amendment to this Agreement, Design -Builder shall furnish Owner a Public Construction Bond in
an amount equal to 100% of the agreed upon GMP or LS, as well as an executed Sworn
Statement Under the Florida Trench Safety Act, on a form to be provided by Owner.
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.
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.
Hobart Landing Septic -to -Sewer Agreement 3
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 CP 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 CP proposal.
1.3.7 The Design -Builder will submit to the Owner a CP Proposal, including the final design
documents, a statement of the proposed 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 CP Proposal. If the CP Proposal
is accepted by the Owner, the parties will then execute the Phase 2 Construction Amendment to
this agreement as a GMP or LS. Notwithstanding anything herein to the contrary, Owner reserves
the absolute right, in its sole discretion, to reject the CP Proposal and not execute the Phase 2
Construction Amendment to this agreement 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 within 5 business days.
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 Docu-
ments 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
Hobart Landing Septic -to -Sewer Agreement 4
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 dis-
crepancy unless Design -Builder knew or reasonably should have known thereof.
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 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 without independent verification.
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
Hobart Landing Septic -to -Sewer Agreement 5
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 without
independent verification.
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 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
Hobart Landing Septic -to -Sewer Agreement 6
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.
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(a)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.
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
Hobart Landing Septic -to -Sewer Agreement 7
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 -Builder, 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 as indicated in the Phase 1 Pre -Construction Scope
of Work and Fee Proposal, attached, and the subsequently negotiated Phase 2 Construction
Amendment to this agreement.
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.
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.
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. Design -
Builder's sole remedy, if any, against Owner 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
Hobart Landing Septic -to -Sewer Agreement 8
and require all subcontractors and subconsultants to similarly incorporate such terms into their
sub -subcontracts and sub-subconsultant agreements.
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 1. The Design -Builder and the Owner shall work collaboratively to
determine and define "Final Completion", in the Phase 2 Construction Amendment to this
agreement. In the event the Design -Builder fails to achieve Substantial Completion or Final
Completion of the project by the applicable date established in the Phase 2 Construction
Amendment to this agreement, then the County shall be entitled to withhold from any amounts
otherwise due to the Design -Build Firm or to be paid as a debt due in the amount of $1,000 per
each calendar day as Liquidated Damages. The parties agree that such Liquidated Damages are
not a penalty but rather a genuine pre -estimate of monetary damages sustained by the County
for loss of revenue and/or increased project administration expenses related to this Contract
because the Design -Build Firm failed to perform and complete Work within the time fixed for
completion or additional time granted pursuant to the provisions hereof. The assessment of
Liquidated Damages is without prejudice to the County's rights of termination and Design -Build
Firm obligation to complete the Work. Should Design -Build Firm fall behind the approved Work
schedule; the County reserves the right to deduct Liquidated Damages based on an estimated
period of late completion. The County need not wait until the completion of Work to withhold
Liquidated Damages from the Design -Build Firm progress payments.
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, or in the case of unit price work based on the number of
units completed. 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.
Hobart Landing Septic -to -Sewer Agreement 9
5.5 Monthly payments to Design -Builder will in no way imply approval or acceptance of
Design -Builder's work.
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. 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.
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
damage of $100.00, in addition to all other contractual financial requirements, per item, per
Hobart Landing Septic -to -Sewer Agreement 10
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, and the Owner
may assess interest of up to 12% per year on the overcharge from the date the overcharge
occurred. In addition, if the Design -Builder has overcharged the Owner by more than 3% of the
gross direct and reimbursable amount, the Owner may assess and the Design -Builder will pay for
the entire cost of the audit.
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
Hobart Landing Septic -to -Sewer Agreement 11
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.
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
Hobart Landing Septic -to -Sewer Agreement 12
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 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 Phase 2 Construction Amendment to this agreement.
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.
Hobart Landing Septic -to -Sewer Agreement 13
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 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 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 Phase 2 Construction
Amendment to this agreement 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
Hobart Landing Septic -to -Sewer Agreement 14
List, created pursuant to Section 215.473 of the Florida Statutes and 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.
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 $952,283.50. 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. 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.
9.1.4 Invoiced amounts will be based on the Design -Builder's and subconsultants' most recent
audited overhead rates or agreed upon overhead rates, personnel direct labor rates, negotiated
profits and actual time billed to the Project as substantiated by backup acceptable to the Owner
and supported by monthly progress reports. An amendment will be issued to this agreement for
Phase 2 construction services, to include amended compensation terms, which will be negotiated,
and are anticipated to provide for payment to Design -Builder based on percentage of construction
completed.
9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project
and/or location.
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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 Timesheets are required as supporting backup for all basic services invoice amounts.
Hours billed must be clearly identified.
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.
Hobart Landing Septic -to -Sewer Agreement 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. 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
DESIGN -BUILDERS INSURANCE
10.1 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.
10.2 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
Disease - Policy Limit $1,000,000
Hobart Landing Septic -to -Sewer Agreement 17
Disease - Each Employee $1,000,000
10.3 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
10.4 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
10.5 Professional Liability (Errors and Omissions)
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 minimum amount of $5,000,000. The limits of coverage will not be less than:
Each Claim $5,000,000
Annual Aggregate $5,000,000
10.6 Environmental Impairment (Pollution) Liability:
Hobart Landing Septic -to -Sewer Agreement 18
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 $1,000,000. The limits of coverage will not be less than:
Each Occurrence $1,000,000
Annual Aggregate $1,000,000
10.7 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.
10.8 Notwithstanding the foregoing, for projects designated as high-risk or involving complex
design elements, the Owner's Risk Manager may require broader limits of coverage.
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:
11.1.1 Presence on, use or occupancy of Owner property,
11.1.2 Acts, omissions, negligence (including professional negligence and malpractice),
recklessness, intentional wrongful conduct, activities, or operations;
11.1.3 Any breach of the terms of this Contract;
11.1.4 Performance, non-performance or purported performance of this Contract;
11.1.5 Violation of any law, regulation, rule or ordinance;
11.1.6 Infringement of any patent, copyright, trademark, trade dress or trade secret rights;
and/or
11.1.7 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,
Hobart Landing Septic -to -Sewer Agreement 19
loss, cost, fine or damages is caused in part by an indemnified party. This indemnity
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.
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 in whole or in part 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.
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. Otherwise, the obligations of this
Article will not be limited by the amount of any insurance required to be obtained or maintained
under this Contract.
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.
Hobart Landing Septic -to -Sewer Agreement 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 anyway
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
13.1 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
14.1 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
15.1 This Contract has been made in and will be construed in accordance with the laws of the
State of Florida.
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ARTICLE 16
PUBLIC ENTITY CRIME CERTIFICATION
16.1 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
17.1 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
18.1 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
19.1 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.
19.2 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.
ARTICLE 20
NO EQUITABLE ADJUSTMENT
Hobart Landing Septic -to -Sewer Agreement 22
20.1 Design-Builder's remedies are limited to those remedies specified herein. To the fullest
extent permitted by law, Design-Builder agrees that it is not entitled nor will it seek equitable
adjustment of any of the terms of this Contract including but not limited to Contract time and
compensation. This provision shall take precedence over any conflicting Contract provisions.
This Contract entered into as of the day and year first written above.
IN WITNESS WHEREOF, the parties hereto have set their hands and corporate seals by their
proper officers, duly authorized to do so.
OWNER:
. �y" oti�M� �s`�• Design-Builder:
.� � s io
INDIAN RIVER COU N.J A'��s`; AMICI 7GINEERI G CONTRACTORS,
�* = LLC
By:
De L��- air ��;-• �Qe By: _
Jo A. Titkanich, Jr., CourityA ini§irator Nam/ -AE
APPROVED AS TO FORM AND LEGAL Title: )►h,ra«�►a µE 4-P
SUFFICIENCY:
(Corporate Seal)
By: • S
Jenn r W. S uler, County Attorney (If Design-Builder is a corporation or
partnership, attach evidence of authority to
Ryan L. Butler, Clerk of Court and sign)
Comptroller
Attest:
Attest:Name: CH-fASTO rk&f- L-Azz-pff 1
-- �. uly,�L
Deputy Clk Title: µs00tl%t k J 'V--9r L
(SEAL) Designated Representative:
Designated Representative: Juan Barreneche, P.E.
Howard Richards, P.E. 9480 SW 77 Ave, Suite 103, Miami, FL 33156
1801 271h Street, Vero Beach, FL 32960 (954) 650-4699
(772) 226-1821 juanb@amiciec.com
hrichards@indianriver.gov
ATTACHMENT 1— Phase 1 Pre -Construction fee and scope proposal
Hobart Landing Septic -to -Sewer Agreement 23
April 3, 2026
Indian River County, FL
1800 27th Street
Vero Beach, FL 32960
Attention: Jennifer L. Hyde, NIGP-CPP, CPPD, FCCN, FCCM
Procurement Manager
Subject: Hobart Landing Septic to Sewer
Phase 1 Pre -Construction Proposal
Dear Ms. Hyde:
Amici Engineering Contractors is pleased to submit the attached Scope of Services to provide Phase 1
pre -construction services for the Hobart Landing Septic to Sewer project for Indian River County (IRC).
PURPOSE
The Hobart Landing neighborhood consists of 57 homes that are currently on septic tanks. IRC wishes
to connect these homes to the centralized sewer system. See Figure 1 for the project area. The work will
be performed through a progressive design build (PDB) delivery model.
The Owner is Indian River County (IRC)
The DESIGN -BUILD CONTRACTOR is Amici Engineering Construction LLC. (Amici)
The DESIGNER is Chen Moore and Associates, Inc. (CMA)
The DESIGN -BUILD TEAM consist of Amici, CMA, and their subconsultants, as noted.
SCOPE OF SERVICES
TASK 1 — FIELD INVESTIGATIONS
1.1 Topographic Survey: DESIGN -BUILD TEAM shall utilize Masteller, Moler & Taylor, Inc., a
licensed surveyor, to perform a topographic survey within the project limits. Survey will extend 50 -
feet outside of the intersections and 10 -feet beyond the right-of-way. Licensed surveyor shall
establish a control traverse and bench marks (North American Vertical Datum of 1988) at
sufficient intervals to support the topographic survey to be utilized on the design plans. Locate all
above ground features within the right-of-way of the existing roads according to the following
schedule, including pavement, paved swales, sidewalks, fences, light poles, handrails, storm
manholes, catch basins, electric boxes, handholes, curbs, valve boxes, sanitary sewer manholes,
driveway types, edges and corners, trees, overhanging trees in the right-of-way, meter boxes,
centerline and crown of the roads, irrigation systems, fire hydrants and valves, overhead utilities.
Locate underground features of sanitary manholes, storm manholes, and catch basins. Spot
grades will be obtained on a 100 -foot grid. This will not constitute a boundary or right-of-way
survey as defined in the Minimum Technical Standards for Land Surveying and Mapping.
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1.1.1 Easements: Surveyor will provide sketch and legal description for 32 properties within the project
area that front on private roads.
1. 1.2 Title Search: Surveyor will provide title searches for 32 properties within the project area that front
on private roads.
1.2 Subsurface Utility Exploration: DESIGN -BUILD TEAM shall utilize Inframap, a subsurface utility
engineering (SUE) firm, for the performance of up to fifteen (15) utility test holes to locate any
existing underground utilities within the project limits. SUE firm shall provide equipment and labor,
or the services of a qualified subconsultant, for exploratory subsurface test holes ("soft digs") for
certain existing underground utilities as determined by the DESIGNER. It is assumed that soft
digs will be performed outside of pavement owned by Florida Department of Transportation. SUE
firm will provide locates for septic tanks on each property.
1.3 Field Verification: DESIGN -BUILD TEAM shall conduct field visits to assess the existing
conditions of the project area. DESIGNER's arborist shall perform one (1) field visit to assess the
vegetation in the project area and assist the DESIGNER in understanding the impacts to this
vegetation with the design.
1.4 Geotechnical Testing: DESIGN -BUILD TEAM shall utilize KSM, a geotechnical engineer licensed
in the State of Florida, to perform twelve (12) Standard Penetration Test (SPT) borings in general
accordance with ASTM D-1586 specifications. Ten (10) SPT's will be performed to a depth of 20 -
feet and two (2) SPT will be performed to a depth of 30 -feet. KSM will provide an engineering
report including a description of the findings for support of the proposed construction. In order to
provide information concerning the engineering properties of the soils encountered, it is
anticipated that tests may be performed to determine natural water content, organic content, and
sieve analysis on representative soil samples collected from the field. The engineering report will
include graphic logs of the test borings and a test boring location plan. It is assumed the site is
accessible to truck mounted drilling equipment.
TASK 2 — SYSTEMS ALTERNATIVE ANALYSIS
The DESIGN -BUILD TEAM shall conduct a system alternative analysis and Basis of Design Report
(BODR) to present the design considerations for IRC evaluation. The following items will be
components of the BODR:
• Conceptual designs of septic -to -sewer conversions. It is anticipated that five (5) options will be
evaluated: (1) gravity sewer, (2) low pressure sewer, (3) vacuum sewer, (4) a Septic Tank
Effluent Pumping (STEP) system, and (4) a hybrid of two of these options.
• DESIGNER will provide quantities to CONTRACTOR for their use in developing cost estimates.
• Hydraulic analysis will be performed for each option.
• Description of regulatory criteria.
• Cost benefit analysis to include life cycle costs for each option as well as capital construction
costs.
• A risk register will be developed to document the risks associated with the project for each of
the five (5) sewer conversion options. This will include the following for each identified risk:
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o Likelihood
c Impact, including, but not limited to, budget, schedule, quality, quantity
o Resolution
o Action Items
The DESIGN -BUILD TEAM will summarize the efforts in a draft BODR. DESIGN -BUILD TEAM will
conduct one (1) review meeting with IRC and incorporate comments into a final BODR. The final BODR
will include a chosen sewer alternative for the project that is agreed upon by the DESIGN -BUILD team
and IRC.
The documents will be submitted 14 calendar days prior to the meeting to allow IRC time to review and
assemble their comments.
TASK 3 — 60% DESIGN SUBMITTAL
3.1 Plans: DESIGN -BUILD TEAM will prepare and submit design drawings to IRC for review. The
drawings will consist of the existing conditions including survey information, preliminary design
with profiles, and construction details.
3.2 Cost Estimate: In addition to budgetary estimates for the system alternative analysis phase,
DESIGN -BUILD TEAM shall develop an estimate of the probable Phase 2 costs which will reflect
the proposed improvements included within the 60% design plans and at further phases as
outlined below.
3.3 Risk Register: DESIGN -BUILD TEAM will update the risk register to reflect the advancements in
the design.
3.4 Progress Meeting: DESIGN -BUILD TEAM will attend one review meeting with IRC to discuss the
60% plans and obtain any review comments. The documents will be submitted 14 calendar days
prior to the meeting to allow IRC time to review and assemble their comments.
TASK 4 — 90% DESIGN PLANS
4.1 Plans: DESIGN -BUILD TEAM shall prepare a 90% design submittal, which will include the plans
for the proposed utility design. Plans shall include results of soft dig information and utility
crossings, existing conditions, pipeline design with profiles, stormwater pollution prevention, and
construction details. The 90% design submittal will incorporate comments from IRC on the 60%
design.
4.2 Cost Estimate: DESIGN -BUILD TEAM shall develop an estimate of the probable Phase 2 costs
which will reflect the proposed improvements included within the 90% design plans and in order
to finalize a GMP Negotiated Price with IRC.
4.3 Risk Register: DESIGN -BUILD TEAM will update the risk register to reflect the advancements in
the design.
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4.4 Progress Meeting: DESIGN -BUILD TEAM will attend up one progress meeting with the IRC to
discuss the 90% plan submittal and any review comments. GMP Development is expected at
this phase and as further outlined in Task 6. The documents will be submitted 14 calendar days prior
to the meeting to allow IRC time to review and assemble their comments.
TASK 5 - PERMITTING
The DESIGN -BUILD TEAM shall prepare applications for permits to construct the sewer mains for
submittal to the following agencies:
• Florida Department of Environmental Protection Wastewater Permit
• IRC Right -of -Way Permit
• Florida Department of Transportation — Utility Permit
• St. Johns River Water Management District — Water Use Permit (short term dewatering)
The DESIGNER will be the Engineer of Record for the project including permit submittals and
certifications.
The DESIGN -BUILD TEAM will provide the required permit fees, with reimbursement by IRC as a pass-
through cost.
Responses to requests for additional information from Regulatory Agencies, including drawing updates
where required, are included in the DESIGN -BUILD TEAM's fee.
The DESIGN -BUILD TEAM shall coordinate with permitting agencies for requirements of construction,
permit review schedule and project construction schedule.
TASK 6 — GMP DEVELOPMENT
6.1 DESIGN -BUILD TEAM shall develop the cost model and progressive updates to reach agreement
on the GMP. Terms for payment of the GMP and/or lump sum proposal will be determined and agreed
to once all risks have been analyzed and a level of comfort with scopes and costs can be agreed to by
both parties. The GMP Proposal deliverables include quantity estimation, scheduling, assumptions, and
updates to the final Phase 1 risk register, which will have costs allocated to each risk item. Any further
costs necessary to reach 100% construction plan set will be incorporated into the GMP cost proposal
and completed within Phase 2 of the Contract upon agreement. Early Work Packages will be considered
as a separate GMP Negotiation to allow the Team to begin procurement on long lead Construction Tasks
and limit extended construction impacts.
TASK 7 — PUBLIC INFORMATION
DESIGN -BUILD TEAM shall coordinate with IRC Consultant for Public Outreach tasks. DESIGN -BUILD
TEAM shall assist the Public Outreach efforts by providing the following:
Graphics and exhibits for public distribution
Review of project mailers
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• Review of project fact sheets
• Review and input for Frequently Asked Questions sheet
• Graphics for septic tank and proposed service location forms
• Input of the results of the above item into the design drawings
• Attendance at three (3) public meetings — one (1) at project commencement, one (1)
following Task 2 Systems Alternative Analysis, and one (1) following Task 5 Permitting.
TASK 8 — GRANT ASSISTANCE
DESIGN -BUILD TEAM shall assist with documentation required for grant assistance during the Phase 1
pre -construction efforts. It is expected that the following activities will be performed:
• Call or meeting with grantor to coordinate requirements for this project
• Coordination with IRC and filling out applications, responding to RAls, providing exhibits, progress
reports, etc. for submission to the grant agencies
• Investigation into supplementary grants that may be available for the project.
TASK 9 — REIMBURSABLES
Reimbursables such as mileage and prints will be billed at cost. Mileage will be billed according to the
current IRC Travel rate. Prints will be billed per subcontractor invoice.
TASK 10 — PUMP STATION DESIGN AND PERMITTING
Task 2 will determine what type of sewer system will be selected for this project, including what type, if
any, pump station is required. This task assumes a submersible lift station will be needed. If a vacuum
pump station is selected instead, the complexity of the pump station exceeds the estimated amount,
Task 10.4 will be utilized and an addendum will be prepared to reflect the change in scope, fee and
schedule. If no pump station is required, this task will not be billed.
10.1 60% Pump Station Design: DESIGN -BUILD TEAM shall prepare a 60% design for the pump
station. This shall include:
• Site plan
• Hydraulic profile
• Process mechanical
• Electrical
• SCADA
• Utility connections
• Vehicle routing
• Landscape plan
• Irrigation plan
• Structural
DESIGN -BUILD TEAM will update the risk register and cost estimate. One (1) progress meeting is
included for the DESIGN -BUILD TEAM (this does not include subconsultants).
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10.2 90% Pump Station Design: DESIGN -BUILD TEAM shall prepare 90% design for the pump station
to include further construction details and incorporate comments from IRC.
10.3 Pump Station Permitting: DESIGN -BUILD TEAM will submit permit applications for the pump
station to the following agencies:
• Florida Department of Environmental Protection Wastewater Permit
• IRC Planning and Development Services site plan approval
• IRC Building Division pre -construction review
10.4 VACUUM PUMP STATION ADDITIONAL SERVICES
If a vacuum pump station is required, Tasks 10.1-10.3 will be utilized with the addition of Task 10.4 items
below. Task 10.4 represents the design scope items for which additional effort will be required for a
vacuum pump station compared to a submersible lift station.
• Site plan
• Process flow diagrams
• Hydraulic profile
• Process mechanical
• Stormwater pollution prevention plan
• Paving, grading and drainage
• Electrical
• SCADA
• Utility connections
• Vehicle routing
• Landscape plan
• Irrigation plan
• Plumbing
• HVAC
• Structural (Building)
• Architectural floor plan, door and window schedules, ceiling plan, roof plan, exterior elevations,
building and wall sections, finish schedule and details
The DESIGN -BUILD TEAM, or their subconsultant, will be the Engineer of Record for the project
including permit submittals and certifications.
The Contractor will provide the required permit fees.
Responses to requests for additional information from Regulatory Agencies, including drawing updates
where required, are included in the DESIGN -BUILD TEAM's fee.
The DESIGN -BUILD TEAM shall coordinate with permitting agencies for requirements of construction,
permit review schedule and project construction schedule.
Re -zoning and public hearings are not included in the site plan approval process.
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TASK 11 — PROJECT MANAGEMENT
DESIGN -BUILD team shall provide project management including contract administration, quality
assurance/quality control (QA/QC), schedule control, budget control, and coordination with subcontractors
and IRC. Contract administration will include monitoring project progress, managing resources to meet
schedule, budget and quality, and maintaining communication with IRC staff. For QA/QC, the DESIGN -BUILD
team will conduct internal reviews of deliverables at each milestone to ensure compliance with contract
requirements before submission.
DESIGN -BUILD team will set up a document management system for the project. The system will have
functionality for file exchanges from the DESIGN -BUILD team and IRC and will serve as the records for all
submittals, review comments, and other relevant documents.
DEVELOPMENT OF OPEN BOOK COST MODEL AND COMMERCIAL PROPOSAL
Amici's general approach to our open book cost model will be to develop a proposal while providing full
transparency of assumptions and risks related in the cost buildup that is aligned to the work breakdown
structure. The risk register is developed by the Design -Build Team with input from IRC and lists all potential
impacts to costs and/or schedule, monetized, and weighted. Each potential cost then has a mitigation strategy
to help reach Phase 2 contract price proposal. The cost remains "open" through the entire process until we
agree to "close" it (if that turns out to be the case) by settling on a lump sum.
To track the costs and risks we plan to utilize a template similar to the templates provided in the Water and
Wastewater Collaborative Delivery Handbook (6th Ed.). The two templates attached (Exhibit C) mimic those
proposed in this Handbook. Our Detailed Cost Estimate Template mimics the one depicted on Figure 9-08-
01 and will outline the specific components of work with quantities and breakdowns of cost for each that are
used in developing the total cost for each alternative. The summary page mimics the one depicted in Figure
9-08-02, where the summaries of cost for each category of work are summarized.
Depending on the on the final system to be designed and installed after the initial System Alternative Analysis
described in Task 2 above, more refined cost -estimates with more precise take -offs and additional cost items
will be considered and added to the breakdown of cost as the design progresses through each phase.
Self -Performed Work. Amici will self -perform all open -cut work, dewatering system installation and
maintenance, temporary roadway restoration, sod restoration, MOT setup and flagging operation if needed,
testing and start-ups, management of the overall project, supervision of all Amici forces and subcontractors,
procurement and handling of all materials.
Subcontracted work includes design, permitting, final asphalt installation, MOT device plan development,
MOT devices, directional drilling, tree removal or replacements, electrical improvements, concrete
replacement, and surveying.
Amici proposes to utilize a single Design -Builder Fee to be applied to all Self -Performed, Subcontracted Work,
and all Indirect Costs, broken down as follows:
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Mark-Up on all Direct Costs = 20.0%
All Direct Costs include construction labor, permanent materials (e.g., concrete and rebar), installed
equipment, construction equipment, and trade contracts needed to build the project, as well as the
collaborative delivery firm's general conditions costs (field management, supervision, and
other field overhead costs needed to manage the project) and its contingency.
Overhead Fee = 10.0%
Applied on Total of Direct Costs to cover the following costs:
Home Office Overhead Costs such as Office Expenses, Administrative Salaries, Equipment
Depreciation, Insurance & Maintenance, Marketing & Legal Fees, Technology & Software
Pass-through Items will have no fee applied
These include permit fees, bond charges, sales tax, allowances (having fees built in)
Utilization of Contingency Funds for the Risk Components will have fees applied proportionally to the
components of work outlined above within each risk. A breakdown per risk will be detailed and agreed
upon in advance. In order to simplify the administration and payment for this contract, we propose that
these costs, including all fees be converted into a Schedule of Values for Billing to allow for a simplify
measurement, quantification and billing of major components of work on a % of complete basis.
The rates proposed above are preliminary and require further negotiation and agreement with IRC at a
later stage when components of work are further defined. Owner and DBT will negotiate in good faith to
reach agreement on a Design -Builder Fee to be incorporated into the Phase 2 Contract.
Assumptions
• Soft digs will be performed outside of pavement owned by Florida Department of Transportation.
SUE firm will provide locates for septic tanks on each property.
• Site is accessible to truck mounted drilling equipment for geotechnical testing.
• IRC shall provide information on existing utilities they own for the project connection and within
the project area. Tie-in pressure for the sewer system shall be provided by IRC through their
existing hydraulic model. Field testing for actual pipeline pressure is not included.
• Hydraulic analysis is limited to the project area. Hydraulic analysis for connection pipe, or any
other points in the system, is not included.
• Materials testing for construction phase is not included.
• Construction services are not included in this phase. It is anticipated that this will be included in a
future authorization.
• 100% construction documents are anticipated to be prepared in Phase 2,and therefore are not
included in this phase.
• Re -zoning and public hearings are not included in the site plan approval process for the pump
station.
It is assumed that permits will be obtained within 30 days of submission. Agency review times
outside of this duration will extend the project schedule.
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DELIVERABLES
DESIGN -BUILD TEAM will provide the following deliverables at each submittal as applicable:
Reports:
• 1 digital PDF copy
Design plans (separate set for each phase):
• 1 digital CAD copy (final deliverable only)
• 1 digital PDF copy
Cost Estimates (separate set for each phase)
• 1 digital PDF copy
Meeting Minutes
• Digital PDF copies
SCHEDULE AND FEES
The fee breakdown for the above tasks is as follows.
TASK 1 — FIELD INVESTIGATIONS
TASK 2 - SYSTEMS ALTERNATIVE ANALYSIS
TASK 3 — 60% DESIGN SUBMITTAL
TASK 4 — 90% DESIGN PLANS
TASK 5 — PERMITTING
TASK 6 — GMP DEVELOPMENT
TASK 7 — PUBLIC INFORMATION
TASK 8 - GRANT ADMINISTRATION
TASK 9 — REIMBURSABLES (As Incurred)
TASK 10 — PUMP STATION DESIGN AND PERMITTING
10A ADDER FOR SUBMERSIBLE PUMP STATION
1013 ADDER FOR VACUUM PUMP STATION
TASK 11 — PROJECT MANAGEMENT
TOTAL MAXIMUM FEE
$232,465.50
$81,591.00
$56,737.50
$64,518.50
$32,120.00
$15,060.00
$24,575.00
$39,160.00
$2,000.00
$887360.00
$282,116.00
$33,580.00
$952,283.50
See Exhibit A for a breakdown of costs and Exhibit B for a detailed schedule.
Proposal Total Not -to -Exceed amount is $952,283.50. If no lift station is required, Task 10 will not be
used and the Total Not -to Exceed amount will be $581,807.50. If a submersible lift station is required,
Task 10A will be used and the Total Not -to Exceed amount will be $670,167.50. If a vacuum pump station
is required, Task 10 will be used in its entirety and the Total Not -to Exceed amount will be $952,283.50.
Tasks 1-8, 10-11 in this Phase 1 Pre -Construction Fee will be paid as % of completion based on agreed
to monthly progress. Task 9 will be paid based on costs incurred. A detailed fee breakdown has been
attached for review and discussion. Schedule assumes a 14 -calendar day review time from IRC on each
submittal and a 60 -day permit acquisition period.
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We hope this proposal provides sufficient detail to move forward with Phase 1 of this project. Should
you have any questions, please do not hesitate to contact me at:
Juan Barreneche
Managing Member, Amici Engineering Contractors, LLC
Email ivanb(d)amiciec.com
Phone: 954-650-4699
We look forward to meeting with you team to discuss this further.
Sincerely,
Juan Barreneche
Amici Engineering Contractors, LLC
Attachments: Exhibit A — Fee Breakdown,
Exhibit B — Detail Phase 1 Schedule,
Exhibit C — Sample Cost Templates
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Hobart Landing Septic to Sewer
Figure 1 Project Area Map
N
0 230 460 W E
US Feet
s
CMA
AMICI
Indian River County
Hobart landing Septic-to-Sewer Project
Phase 1 Design Services
t AMICI
ENGINEERING
CON TRACTORS
TITLES
1
15
Total
CONTRACT RATES
$ 118.00
$ 169.50
$ 247.50
$ 154.00
$ 198.00
$ 313.50
$ 169.60
S 214.60
$ 181.50
S 319.00
3 159.50
S 181.50
S 297.00
S 357.50
S 462.00
$ 326.00
S 270.00
$ 165.00
PHASE 1 - DESIGN SERVICES TASKS
1000
$ 1,000.00e
a
1,000
$ 1,000.00
Total
$ 2,000.00
3 3
3
$
3 3 $ $ 3 S
$
3
$
$ S S S
$
$ 2 000.0010-PUMP
W��InIn
STATION DESIGN ANDITTING%Pum
Station Dae n
22,000
40
4
4 2
40
12
4 4 4
$ 43,520.00%Pum
StatW Dea n
22,000
24
4
4 2
16
8
4 4 4
$ 36,414.00um
StatW PefmlBin
5,500
8
4
2
$ 8,426.00.-Pum
Stallon Aaanional Serv-
198000
80
12
80
16 4 60 16
80
40
20 12 8
2 $ 282116.000
Tolel
$ 247 500.00 $ 3 22 968.00 S 4,950.0 S 12,320.00 $ 3168.00 $ 1 254.00 $ $ S 12,342.00 $ 6,380.00 $ 22.968.W $ 11 616.00 S
3 $ 13,860.00 S 6,500.00 S 4,320.00 S 330.00 $ 370 476.00
11.0 TA9K 11 • PROJECT MANAGEMENT
11.1 CMA Plo Man amem
12
12
24
$ 15,180.00
11.2 Amid Pm Mena nl
40 20
$ 1e 100.00
Task 11 Total
$
_
S S
S
S _
_ _ _ _
S $ S S $ $
$ / 914.00
$ 2 178.OD
$
_ _
$ $ 1 t 088.00 $ 13,000.00 S 5,400.00 $
$ 33 680.00
TOTAL HOURS PER TITLE:
d56
80
60
1fi 4 4 4 68 20
802
381
193 156 106
33
TOTAL FEE PER TITLE:
S 461 790.00 S S 72 732.00
191100.00 $ 12 ]20.00 S 3188.00 $ 1.254.00 $ 6]6.00 S 856.00 $ 12 342.00 $ 6 3110.00 $ 127 919.00 $ 69 151.50 $
$ $ 89 166.00 S 50 700.00 S 211820.00 $ 6 M5.00
$ 952,283.50
GRAND TOTAL (ASSUMING SUBMERSIBLE PS)
$670,167.50
GRAND TOTAL INCL. ADDER, Item 10.4, FOR VACUUM PS
$952,283.50
CMA
AMICI
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243 days Fri 4/3/26 Tua 3/30/27
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145 days Fr14/3/26 Thu 10/29/26
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45 days Fri 4/3/26 Fri 6/5/26 2FSv7 days
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45 days Fd 4/3/26 Fri 6/5/26 655
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30 days Mon 6/8/26 Tue 7/21/26 6,11
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IO days Wed 7/22/26 Tue S/4/26 14
17,18
0days
2.i quantlW Tabubnom
.
U
ast
2.3 Hydraulik Analysis
SO days Wed 7122/26 Tue B/4/26 14
22
30 days
x.3 Hydraulic Analysis
17
aa,
2.4 Cost Bene0l Analysis
15 days Wed 8/5/26 Tue 8/25/26 15
ISFF
15 days
2A 1.11 .:r. An II,
U
at
2.5 BODR- Review Meeting W/ IRC((aftn 14 day redew) 30 days Wed S/5/26 Wed9/16/26 15,17FF
22,19SS,46FSa10
Odays
v2.5 e0Dx Review Mewing w/ IRC natter 14 dayrevkwl
day,50,54,7,e
E9
rat
2.6 Risk Register
30 days Wed 8/5/26 Wed 9/16/26 ISSS
13ldeya
1 2.6 Risk Rei
20
1%
21
R
TASK 3.60% DESIGN SUBMITTAL
41 dM Thu 2/17/26 Mon 11/16/26
0day
TASN3-Gass0151GN5u-sl
22
a{
3.1 Plans
20 day Thu 9/17/26 Thu 10/15/26 18,16,10
2355+10
0days
" 1.1 Plans
dey,24FF,29,25FS 10
day
E]
3.2 Coat Estimate
20 day Thu 30/1/26 Thu 10/29/26 225Sa10 day
281 day,24FF
0day
+ s.7 C.,q Eaturn.
U
Z
3.3 Risk Register
15 days Thu 10/8/26 Thu 10/29/26 22FF,23FF
28,30
tl day
43.3 RI+RRegkter
1S
R
3.4 Progress Meeting (after 14 day reAm)
1 day Mon 11/16/26 Mon 11/16/26 22FSa10
28
0 days
R 3A sroq- mwing latter
14 day reww)
drys,23S,10tey
26 _.
n
an
TASK 4-90%DESIGN PUNS
41 day Tue 11/17/26 Men 1/2S/27
Qday
TATK4-3o%Ds51GNPUNS
n
1
4.1 Plans
30 day Tue 11/17/26 Thu 1/7/27 25,22,23,24,7,8
2953+IOday
Odays
4.1 Plans
h
aas.
4.2 Cost Estimate
30 day Thu 12/3/26 FN 1/22/27 2855+10 day
30S%4O
0days
k """ -"-'
42 -,--
an Estknne
30
"t4.1
"t4.3
Risk Red-,
30 days Thu 12/3/26 Fri 1/22/27 2935,24
31,40
Odays
'.
i � ^� -,
4.3 Rlak Regbkr
31
aa,
4.4 Progress Meeting (after 14 day reNew(
(day Men 1/25/27 Mon 1/25/27 30
34,35,36,37,40
Odays
x, 4.4 Progms Meeting latter 14 day miew)
k
R
im
sat
TASKS - PERMITTING
45 drys Tue 1/26/27 Man 3/29/27
0days
1"-�1 TASKS -PERMITTING
U
sal
5.1 FDEP Wastewater Permit
45 day Tue 1/26/27 Mon 3/29/27 31
59,47
Odays
T 5.1 FDEP Wart -ter Peimlt
33
1
5.2 RIC ROW Permit
45 day Tue 1/26/27 Mon 3/29/27 31
59,47
0 day
- 5.2 IRC ROW Permit
E6
4
5.3 FOOT LKOity Permit
45 drys Tue 1/26/27 Mon 3/29/27 31
59,47
0days
5.3 SIT Ift" 11113)
N{
SA SIRWMO Water Use Permit
45 day Tue 1/26/27 Mon 3/29/27 31
59,47
Odays
5.4LRWMD Water Use PermN
>0
b
aag
TASK 6 -GMP DEVELOPMENT
20drys Toe 1/26/27 Men 2/22/27
31 dM
TASK6-GMPDMWPMFW
40
sat
6.1 GMP Asslibnce
seer Tue 1/26/27 Mon 2/1/27 29,30,31
/l
Odays
R G1GMPAnIA,<e
41
R
6.2 GMPPrepanHon/Negotla[Ion/Meeting (after
14 days re l5 day Ne 2/2/27 Man 2/22/27 40,55
59
31 day
6.x GMP Preparation/rvegmlMlon/Meeting laRerUmy mkw)
42
sal
43
sS
TASK 7- PUBLIC INFORMATION
233 day Fri 4/27/26 Tue 3130/27
6days
*psx7 -PUguCINFORMAnoN
44
ast
7.4 Prepare Septic Tank Forms
EO days Mon 4/20/26 Wed 7/15/26 45
178 drys
- 7.4 pare 6eptis TanR Forms
U
ast
7.5 Public Meeting Kl ® Prolecl Commencement
Ida, Fd 4/17/26 Fd 4/17/26 655EIOdays
44
/day
1, 7.1 Publlo Masks, 41® Proles CommencementPe
K
art
7.5 Publk Meeting 82 (After Task 2)
I day Thu 10/1/26 Thu 10/1/26 ISFS+I-day
123 days
` 75 PubllP Meering gi (Ah»Teak 21
'
47
R
7.5 Publk Meeting #3 (After Task S)
1day Tue 3/30/27 Tue 3/30/27 34,35,36,37
SVF5a5 day
Odays
7.5 Publi, Meeung.3(After, Task S)
48
ast
p
aR
TASK B -GRANT ASSISTANCE
Wdrys Thu 9/17/26 Tua 12/15/26
74 days
SKS GRANTASSWANOE
SO
,
8.1 Caordlnannn wdh grantor
15 day Thu 9/17/26 Wed 10/7126 SB
51
Odays
coo.ainatlon wnh graneor
31
aS
B.35upplementny gent Investigation
45 days Thu 10/8/26 Tue 12/15/26 50
74 day
IIA 1 elementary
grant lnvesngauon
52
R
w
aR
TASK 10- PUMP STATION DESIGN AND PFAMIfTING 119 dM Thu 9/17/26 Wad 3/17/27
IS days
I-10-PUMPSTAnON DESIGN AND PERMITNNG
U
as
10.16Ls% Pump Statbn Design
40 drys Th. 9/17/26 Fri 11/13/26 18
SS
-drys
` .160% Pump station Design
55
ast
10.29D% Pump Station Design
19 dryon s M 11/16/26 Mon 12/14/26 54
56,57.1
Oday
10.190%Pump
514- Design
K
S
10.3 Pump Station Permitting
45 dryf Tue 12115/26 Wed 2/24/2] 55
30 day,
10 .3P m 5nnian P -Ming
u POPnDNAL-t0.4
A
OPTIONAL -113,4 Va... Pump Station Additional Services EO days Tue 12/15/26 Wed 3/17/27 55
IS days
�
vacuum vamp statim Additional Cervices6PemskNry
0 P-i"Ing
Sd
R
59
R
PNASE 2- CONSTRUCTION NTP After GMP, IDO%Plans,
Permfta l dry .417/27 W9d4/7/27 41.34,35,36,3],47F
Odays
PNASEi (dMRUCION MIPARUGMP'100%1Y"s, Pamlu
Piognoasya
Design-Sulltl TIol
day
Enema(Mlkak,r '•
s- Summary
i
1 MRRN3Su,,-RSIfinish-only J
P.4son
Sarykas
Ea Hpbenlanding
Septic SpIR
MRS -I Task
I.YnwI s- 1-1 -ulne ^ Progrerr
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DRS:
4/3/M6 MMMta,N 9 fnemalTMb nanke Mik+tpne 0urato-,
SNnrMly C [ritual aMiaRMinn Manuel --a
PMal -
Indian
Hobart
Phase I Design Services
CMA
ENGINEERING
A CONTRACrORS
AMICI
U
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4
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TASK 3 - 60% DESIGN SUBMITTAL
m 3.3 Rlsk Register
KO TASK 4 - 90% DESIGN PLAN
min
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COST BREAKDOWN - SUMMARY
PROJECT: Hobart Septic -to -Sewer Progressive Design Build
Design -Builder: Amici Engineering Contractors, LLC
Cost Phase:
Proposal Date:
AtAMICI
ENGINEERING
ACONTRACTORS
Estimate Summary Sheet
DESIGN -BUILD SERVICES
A
DIRECT COSTS
Division 2 - Site Work
$0.00
B
Division 3 - Concrete
$0.00
C
Buildings
$0.00
D
Division 4 - Mason(Non-building)
0.00
E
Division 5 - Metal(Non-building)
0.00
F
Division 6 - Woods and Plastics(Non-building)
$0.00
G
Division 7 - Thermal and Moisture Protection(Non-building)
0.00
H
I Division 9 - Finishes(Non-building)
0.00
I
1 Division 10 - Specialties(Non-building)
$0.00
11
IDivision 11 - Equipment (Non -building) - Subcontractor Cost
$0.00
12
I Division 11 - Equipment (Non -building) - Permanent Materials Costs
$0.00
K
I Division 13 - Special Construction
$0.00
L
I Division 14 - Conveying Systems
$0.00
M
I Division 15 - Mechanical
$0.00
N
Division 16 -Electrical
$0.00
O
Division 17 -Instrumentation
$0.00
P
Division 18- Security
$0.00
Q
Commissioning and Startup
$0.00
R
OTHER
$0.00
S
INDIRECT COSTS
SUBTOTAL DIRECI ")STS
CALCULATED h 'E
$0.00
T
lGeneral Conditions
$0.00
U
lContingency
$0.00
V1 SUBTOTAL GENERAL CONDITIONS COSTS
$0.00
wl SUBTOTAL DIRECT AND INDIRECT COSTS
$0.00
Xl
I Desian-Builder Fee Profit
20.00%
NA
X2
lOverhead Fee
10.00%
NA
X3
Z
Total Desi n -Builder Fee for all Work Overhead and Profit
ySUBTOTAL DIRECTAND INDIRECTCOSTS (INCLUDINGrrr
Insurance
$0.00
0.00
AA
Bonds
$0.00
AB
Allowances
$0.00
AC
Rework Contingency
0.00
AD
Sales Tax
$0.00
AE
Incentives
AFSUBTOTAL PASS-THROUGHrrr
AG Total GP
AH Phase 1 Price
Al Total Prior Change Orders
AJ Total Contract Amount
$0.00
$0.00
$0.00
$0.00
$0.00
COST BREAKDOWN - DETAIL
PROJECT: Hobart Septic -to -Sewer Progressive Design Build
Design -Builder: Amici Engineering Contractors, LLC
Cost Phase:
Proposal Date:
AMICI
ENGINEERING
CONTRACTORS
Division 10 - Sped.1t.- (Non -building)
Maintenance of Traffic Equipm—t
�'Divisirm
1111 - lquilurnient Permanent Materials Costs
Lo—Boy- Special Delivery of Strucutres/Eq.—ipm.nt
1.1.191-11.1
Sewer System Testing