Loading...
HomeMy WebLinkAbout1999-0071 xia,ros(AGk)rwotroartywd INDIAN RIVER COUNTY AGRICULTURAL ARENA/EXHIBIT BUILDING PROFESSIONAL ARCHITECTURALIENGINEERIN+G/ CONSTRUCTION SERVICES DESIGN/BUILD CONTRACT THIS CONTRACT, entered into this day of , 1999 by and between INDIAN RIVER COUNTY, a Political subdivision of the &te of Florl a, 1840 25th Street, Vero Beach, FL. 32960, hereinafter referred to as the COUNTY, and BARTH CONSTRUCTION, INC., 1717 INDIAN RIVER BLVD, SUITE 202a, VERO BEACH, hereinafter referred to as the DESIGNIBUILDER. E5S1;TH The COUNTY and the DESIGNIBUILDER, in consideration of their mutual covenants, herein agree with respect to the performance of professional civil engineering, planning, architectural, electrical engineering, mechanical engineering, environmental engineering, construction, budgeting, and related services by the DESIGNBUILDER, and the payment for those services by the COUNTY, as set forth below. This agreement shall be referred to as the "DESIGNIBUILD CONTRACT." Subsequent amendments to the DESIGN/BUILD contract shall be issued after the Preliminary Site Plan Development Phase (Section IV, B.) is complete and accepted by the County Public Works Director. The DESIGNIBUILDER shall provide professional architectural, engineering, construction, budgeting, and related services to the COUNTY in those phases of the project described below as the INDIAN RIVER COUNTY AGRICULTURAL ARENAIEXHIBIT BUILDING at the Indian River County Fairgrounds, serve as the COUNTY'S professional representative for the project as set forth herein, and any related or similar project as the COUNTY may deem necessary; and shall give professional architectural, engineering, environmental permitting, construction, and related advice to the COUNTY during the performance of the services to be rendered. SECTION I -PROJECT LIMITS The project limits shall include the County owned Fairgrounds site located along the west side of Kings Highway between 771 Street and 81" Street, Vero Beach, Fl., including offsite areas necessary to provide utilities to the site. Basic services required of the DESIGNBUILDER are described in Section IV Scope of Services. SECTION II - GENERAL RESPONSIBILITIES A. Design services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals. The contractual obligations of such professional persons or entities etre undertaken and performed in the interest of the DESIUMBUILD R. B. The agreements between the DESIGNIBUILDER and thepersonsorentitiesidentified ill tliis Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall br, promptly and fully disclosed to the COUNTY upon request. ti C. Construction budgets shall be prepared by qualified professionals, cost estimators or contractors retained by and acting in the interest of the DESIGNIBUILDER. D. If the DESIGNIBUILDER believes or is advised by the Architect or by other design professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the DESIGN/BUILDER shall notify the COUNTY in writing. Neither the DESIGNBUILDER nor the architect shall be obligated to perform any act which either believes will violate any applicable law. SECTION Ili - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the DESIGNIBUILDER with a copy of any preliminary data or reports available. B. Provide the DESIGN/BUILDER with all available drawings, and other documents in the possession of the COUNTY pertinent to the project. C. The COUNTY shall be responsible for acquiring all right-of-ways, easements and other rights in land as necessary to complete the project. D. The COUNTY shall he responsible for obtaining those permits required to perform the work to complete the project only if such permit requirements are established by regulatory agencies after the date of this Agreement. E. The COUNTY shall make provisions for the DESIGNIBUILDER to enter upon public or private property as required for the DESIGNBUILDER to perform his services. F. The COUNTY will promptly execute all permit applications prepared by the DESIGNBUILDER necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. G. The COUNTY will provide survey and topo drawings, where necessary. H. The COUNTY designates .lames W. Davis, P.E., Public Works Director, as Project Manager for the Project or his designee. SECTION IV - SCOPE OF SERVICES The DESIGNBUILDER agrees to perform professional services in connection with the project as required and as set forth in the following: A. General I . The DESIGN/BUILDER will endeavor not to duplicate any previous work done on the project. After written authorization to proceed, the DESIGNIBUILDER shall consul+ with the COUNTY staff to clarify and define the COUNTY'S requirements for the project and review all available data after which a meeting with the Project Citizen (Firefighter's) Committee will be held and attended by the DESIGN/BUILDER and County staff. 2. The DESIGNIBUILDER will attend conferences with the COUNTY and its representatives upon the request of COUNTY. 3. In order to accomplish the work described under this Agreement in the tinie frames and under the conditions set forth in this Agreement, the DESIGNIBUILDER will observe the following requirements: a. The DESIGN/BUILDER will complete his work on the project within the time allowed by maintaining an adequate staff of registered Architects, Engineers, draftsmen, 2 40 environmental scientists, araC other employees on the work at all times. The DESIGN/BUILDER will retain the services of an approved Environmental Engineer and/or Biologist approved by the COUNTY to provide environmental services regarding wetlands, endangered species, do contamination, etc., if necessary. By executing this Contract, the DESIGNBUILDER represents to the COUNTY that the DESIGNIBUILDER is professionally qualified to act as the architect for the 0 project and is licensed to practice architecture by all public entities having jurisdiction over the DESIGNIBUILDER and the project, or will subcontract with a quali Red registered Florida Architect approved by the COUNTY. The DESIGNIBUILDER further represents to the COUNTY that the Q DESIGNIBUILDER will maintain all necessary licenses, permits or other authorizations necessary to act as architect for the Project until. DESIGNIBUILDEWs remaining duties hereunder have been satisfied. The DESIGNIBUILDER assumes full responsibility to the COUNTY for the improper acts and omissions of its consultants or others employed or retained by the DESIGN/BUILDER in connection with the Project The professional services are to be provided in accordance with generally accepted professional engineering, Architectural, and construction practices: Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the DESIGNIBUILDER. Execution of this Contract by the DESIGNIBUILDER constitutes a representation that the DESIGN/BUILDER, has'oecome familiar with the Project site and the local conditions under which the Project is to be implemented. b. The DES IGN!PUILDERwiII comply with all federal, state, and local laws applicable to this project. The DESIGN/BUILDER will design and build the project in such a manner as to be in conformance with all applicable federal, state and local laws, including Handicap Accessibility. C. The DESIGNBUILDER will prepare all necessary sketches and completed application forms to accompany the COUNTY'S applications for any required federal, state, or local permits. d. The DESIGN1131.11LDER will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. e. The DESIGNIBUILDER will submit a preliminary set of construction plans to any city, district, county, state or federal regulatory agency from which a permit or other approval is required prior to final approval of the design by the Director of the Public Works Department. The DESIGNIBUILDER will contact all utility companies having installations in the vicinity of the proposed work and notify said companies of the time schedule for construction of the project and relocation ofutilitics, if any. Electrical Services installation will also be coordinated by the DESIGNIBUILDER. The DESIGNIBUILDER will provide the COUNTY with necessary information relative to required utility adjustments or relocations and will show the relocated utilities on the final design plans. The DESIGNIBUILDER shall design all utility extensions required to support the project. g. The DESIGNIBUILDER shall report the status of this project to the Director of the Public Works Department upon request and hold all drawings, calculations and related work open to the inspection of the Director or his authorized agent a4 any time, upon reasonable request. h. The DESIGN/BUILDER will recommend to the COUNTY gcotechnicai scope of work for subsurface investigation and tests, including environmental assessment. 4. The DESIGN/BUILDER will furnish additional copies of the drawings, specifications and contract documents as required by the COUNTY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained, and other interested parties, but may charge only for the actual cost of providing such copies. Upon award of the contract, the DESIGNIBUILDER will furnish to the COUNTY five (5) sets of the drawings, specifications and reports. The cost ofthese sets ofdocuments are not included in the basic compensation paid to the DESIGNIBUILDER, but will be paid as a direct expense. All original documents, survey notes, field books, tracings, and the like, including all items furnished to the DESIGNIBUILDER by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. Thedrawings preparedby the DESIGNIBUILDERwill beof sufficient detail to permit the actual location of the proposed improvements on the ground, including offsite utility improvements. ti. ThcDESIGNBUILDERacknowledges that preparation ofapplicablepermits for the COUNTY'S submittal through governmental regulatory agencies are included within the scope of basic compensation. Any additional work required by regulatory agencies pursuant to regulations established after the date of this Agreement shall be an additional service, and the COUNTY shall curnpensate the DESIGNBUILDER in accordance with SECTION VII -Additional Work, of this Agreement and in accordance with the fee schedule in an approved amendment to this Contract. 7. The following specific scope of work applies: The COUNTY will provide the survey data of the existing Fairgrounds located on Kings Highway. The COUNTY will supply the following prior to a Notice -to -Proceed: E Establish vertical control Based on N.G.V.D.; 2. Topographic Survey; a. Cross-sections of the existing complex 3. Horizontal locations of all features within the existing site; 4. Title search and appraisals for land acquisition purposes. The DESIGNBUILDER agrees that all hiring must follow all applicable labor laws as follows: 1. All contractors shall maintain such insurance as will protect it from claims by employees under the Worker's Compensation Act and from claims by employees for bodily injury or death which may arise from the performance of its services under this contract. 2. The contractor will assure compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, (S42USC2000d) and the requirements imposed by the regulations of the Department of Cnmmerr.P f l SCFu p�q'8; issued pur�us.,t to that Titl, . In accordance therewith no person in the United States shall, on the grounds of race, otherwise subjected to discrimination under any program or activity for which Indian River County receives state fmancia! assistance. 3. The work will be conducted in compliance with the Americans With Disabilities Act of 1990,42 U.S.C. 12101 et. seq. and the Regulations adopted pursuant to that act, to the extent required by the law. 4 4. In accordance with Section 616.255(2), Florida Statutes, the COUNTY encourages the contractor to the greatest extent possible, to give consideration to increasing the number of contractorsNendors that are minority businesses. All contractors and subcontractors must comply with FS 287.133 (3)(a) on Public Entity Crimes and will submit to DACE a sworn statement of compliance for each fiscal year that any agreement is in effect. Since funding of the project is by a grant from the Florida Department of Agriculture and consumer Services (FDACS), the FDACS Contract Managers or designated representatives will make periodic on-site inspections during reasonable hours to review facilities, written materials, procedures or work being done. The FDACS reserves the right to inspect any books, documents, records, and papers involving transactions related to the project. Since the project is funded by a State grant, any/all articles on materials which can be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) shall be purchased from PRIDE in accordance with Chapter 946, Florida Statutes. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 5540 Rio Vista Drive, Clearwater, FL. 34620-3147, Telephone 813-535-4900. B. Preliminary Site Plan Development 1. Currently, the Indian River County Fairgrounds site, located at 7965 5811 Avenue in north Indian River County, is in need of a roofed, Agricultural Arena/Exhibit Building to accommodate indoor agricultural and community exhibits and shows. The Fairgrounds occupies approximately 100 acres of land on the west side of Kings highway, A grant from the State of Florida Department of Agriculture and Consumer Services has been obtained to fund a portion of the cost. A committee composed of Indian River County Firefighters (who promote and manage the Annual County Fair), the 4-H Club, and interested citizens has been organized to develop a building program. Some conceptual layouts of the building have been proposed, but the Consultant must meet with the Committee and County staff to develop three alternative floor plans and the COUNTY will work with the Consultant to agree on an approved floor plan, architectural facade, door locations and specifications, site plan, etc. The Agricultural facility shall include at least the following: (1) One approximately 100' x 200' (20,000 s.f. or equivalent size and shape.) Pre-engineered steel or masonry/steel building designed in accordance with 1997 Edition of the Standard Building Code, constructed and ready for use. (2) Access pathways, doors, and facilities shall be in accordance with all applicable ADA or Handicap accessibility code. Plumbing shall be roughed in for future handicapped accessible restrooms. (3) Mechanical System including plumbing, and ventilation. Future air- conditioning shall be considered in the design and rough -in construction. (w) iw%icainaum height 24 feet, (5) Minimum 400 amp electrical services, 240v13 phase, orappropriately sized electric service to meet existing and future needs.. (6) Location to be southeast of existing Farm Bureau Livestock pavilion to be mutually agreed upon by County stuff and Design Build Team. (7) Connection to County water and future sewer as available. (8) Rough plumbing/electrical for future kitchen area. 5 (9) All permitting including permit application fees, impact fees, and necessary incidental fees. (10) Complete lighting and electrical systems. (11) Exterior and interior finishes. (12) Minimum 20 year roof, guaranteed. (13) Insulation as required. (14) Security alarm, phone and computer wiring. (15) Landscaping as required by County Code. (16) Civil, Architectural, Engineering, and Permitting Services. The DESIGNBUILDER shall submit to the COUNTY a proposal, including the completed Preliminary Design Documents, guaranteed maximum price for final design, permitting, and construction, and a schedule for completion of the entire Project, including final design, permitting, and construction. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications or other documents sufficient to establish the size, quality and character of the entire project, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the project as maybe appropriate. Deviations from the COUNTY'S program shall be disclosed in the Proposal. If the Proposal is accepted by the COUNTY, the COUNTY shall then authorize the Final Design and Permitting Phase and Construction Phase. A modification to the Proposal before execution of the Final Design Phase shall be recorded in writing as an addendum and shall be identified in the Contract Documents of the Agreement. C. Final Design and Permitting Phase 1. In general, the DESIGN/BUILD TEAM will perform all necessary architectural, engineering and structural design, drainage design, permitting, site design work, and incidental work for the Building. More specifically, the work will include the following. a. Design and prepare a complete set of site plans and constriction plans for the work suitable for obtaining County Site Plan Approval, Building Permits, and Health Department permits, and other permits required for the work. These plans shall include: (1) Plans, specifications and special provisions for a complete facility. The design shall be in accordance with OSHA Standards and the Standard Building Code. (2) Drainage design, including stormwater management. (3) Water and Sewer utilities, as required. b. Prepare Construction Documents. C. Prepare Technical Specifications. d. Apply for all required permits for the work from the various regulatory agencies, including but not limited to; I ) Indian River Farms Water Control District. 2) Indian River County Division of Utility Services. 3) Department of Environmental Regulation. 4) U.S. Army Corps of Engineers. 5) St. Johns River Water Management District. 6) Indian River County Site Plan Approval and Building Permits. 7) State of Florida HRS Permits. All permit applications will be prepared for the COUNTY'S signature. C. Provide soils testing and coordinate soils investigation. 6 D. Construction Phase Construct a complete facility, ready for use in accordance with plans and specifications approved by the COUNTY, SECTION V - TIME COIL COMPLETION The time for completion of each project phase shall be as follows: Preliminary Site Plan Development 60 calendar days Final Design and Permitting Phase 90 calendar days Construction Phase 180 calendar days Commencement dates shall be established in a "Notice to Proceed" from the COUNTY for each phase. SECTION VI - COMPENSATION The COUNTY agrees to pay and the DESIGNIBUILDER agrees to acccpt for services rendered pursuant to this Agreement fees in accordance with the following: 1. Professional Services Fee a. The basic compensation for the Preliminary Site Plan Development phase shall be in accordance with the attached Exhibit "A" - Basic Professional Fees. b. After approval by the COUNTY of the Preliminary Site Plan Development phase, the fee for future phases will be included in an amendment to this Contract. The DESIGNBUILDER not -to -exceed fee includes services performed by the electrical engineer; environmental specialist, civil engineer, and all related disciplines. Travel costs shall be under basic compensation to and from Indian River County. Any travel reimbursement must be authorized as Additional Work under Section VII. 2. Direct Payment for Additional Services The COUNTY agrees to pay on a direct basis for services or goods provided by others working in conjunction with the DESIGNBUILDER, as follows. a. Soil Survey, Foundation Recommendations, and Environmental Assessments 'rhe CUUNTY shalt make direct payment to the approved soil laboratory for Soil Survey work and Environmental Services as provided for in Section IV A.3.a., and requested by the DESIGN(BUILDER, which is necessary in designing the project, and approved by the COUNTY in writing. b. Printing and Reproduction The COUNTY shall make direct payment to the DESIGN/BUILDER for the cost of printing project plan sheets required at the completion of preliminary site plan, permit applications, and completed drawing.. The maximum cost allowed per blueprint for 24" x 36" sheets utilized for this purpose shall be $ 1.00. The cost per 8112 " x 11" sheet is $. 10. The cost of 11"x 17" sheets is $.30. The maximum cost per computer plot for sheets utilized for this purpose shall be $4.00. Reproduction costs are estimated to he P15nn . SECTION VII - ADDITIONAL, WORK In the event changes are requested by the COUNTY to the contract plans after said plans have been approved and accepted by the COUNTY and upon the issuance of an amendment to this Contract for said additional work by the Board of County Commissioners, said additional work may commence upon receipt of a Notice to Proceed. 7 Compensation for Additional Services work shall be at a price to be negotiated between the DESIGN/BUILDER and the COUNTY. Reimbursable expenses are invoicedd, based on actual costs times a factor of 1. 10. All other direct costs such as permit application fees, etc. are charged without markup. SECTION VIII - PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the DESIGN/BUILDER, The DESIGNBUILDER shall submit duly certified invoices in triplicate to the Director of the Public Works Department, The Contract shall be divided into units of deliverables, which shall include, but not be limited to, reports, Endings, and drafts, that must be received and accepted in writing by the Director of Public Works prior to payment. A 10% retainage will be withheld by the COUNTY until final payment. SECTION IX - EXTRA WORK In the event extra work is necessary by the DESIGNIBUILDER due to a change in scope of the prosect, such work shall be the subject of a supplemental written work order approved by the Board of County Commissioners. SECTION X - RIGHT OF DECISIONS All services shall beperformed by the DESIGN/BUILDERto the satisfaction oftheDirector of the public Works Department who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Director's decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination its clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the Director of the Public Works Department, In the event that the DESIGN/BUILDER does not vullcur ill iiie judgment of the Director of the Public Works Department as to any decisions made by him, he shall present his written objections to the County Administrator; and the Public Works Director and the DESIGN/BUILDER shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The DESIGN/BUILDER may appeal the decision to the Board of County Commissioners. SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership All reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the DESIGN/BUILDER for the purpose of this A err ement shall become the pro -e-, of the uCT.I:`;TY wild hall be reiwde araiidibiG by the .I.- Y r J DESIGN/BUILDER at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of thr Public Works Department. B. Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the DESIGN/BUILDER herein, They are not intended or represented to ba suitable for reuse by the COUNTY or others oil extensions of this project or on any other project. Any such utilization or adaptation will entitle the DESIGN/BUILDER to further compensation at rates to be agreed upon by the COUNTY and the DESIGNIBUILDER, The DESIGNBUILDER shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others. SECTION X11- NOTICES Any notices, reports or other written communications from the DESIGN/BUILDER to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the Director of the Public Works Department, Any notices, reports or other communications from the COUNTY to the DESIGN/BUILDER shall be considered delivered when posted by certified mail to the DESIGNIBUILDER at the last address left on file with the COUNTY or delivered in person to said DESIGNBUILDER or his authorized representative. Such in person deliveries shall be evidenced by signed receipts. SECTION XIII - TERMINATION The obligation to provide further services under this Agreement maybe terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terns hereof through no fault of the terminating party or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the DESIGNIBUILDER will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the DESIGN/BUILDER as a result of such termination. The DESIGNBUILDER will deliver to the COUNTY all work perfonned prior to termination of the Agreement. SECTION XIV - AUDITS The COUNTY reserves the right to audit the records of the DESIGN/BUILDER related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made. SECTION XV - SUBLETTING The DESIGN/BUILDER shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the DESIGN/BUILDER shall cause the names ofthe engineering, surveying, or architectural firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI - WARRANTY The DESIGN/BUILDER warrants that he has not employed or retained any company or person other than bona fide employee working solely for the DESIGNBUILDER to solicitor secure tale-nntrart and that he has not paid or agreed to pay any company er person other than a bnria ndc employee working solely for the DESIGN/BUILDER any fee, commission, percentage fee, gifts or any other considerations, contingent upon orresulting from the award ormakingof this contraet. For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability. SEC'T'ION XVII - DURATION OF CONTRACT This Agreement shall remain in full force and effect for a period of three years after the date of execution thereof or until completion of all project phases as specified by the Public Works Director, whichever occurs first, or unless otherwise terminated pursuant to Section XII of this contract. SECTION XVIII - INSURANCE AND INDEMNIFICATION During the -terformance of the work covered by this Agreement, the DESIGNBUILDER shall provide the COUNTY with evidence that the DESIGNBUILDER has obtained and maintains the insurance listed in the Agreement. 1. DESIGNBUILDER shall procure and maintain for the duration of the, contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the DESIGNIBUILDER, his agents, representatives, employees or sub -contractors. The cost of such insurance shall be included in the DESIGNIBUILDER's Basic Compensation. Architects and Engineers under subcontract with the DESIGN/BUILDER shall have their own Professional Liability Insurance. 2. Minimuni Scope of Insurance a. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $ 100,000 disease each employee. b. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. COUNTY shall be an additional insured. Auto Liability $1,000,000 combined single limit per accident fur bodily injury and property damage for owned and non -owned vehicles. COUNTY shall be an additional insured. C. Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non -owned vehicles. COUNTY shall be an additional insured. d. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed or alleged to have been committed by DESIGNIBUILDER with a limit of $500,000 per claim/annual aggregate. T here sixall be no inom than 5i 0,000 deductible per claim amount unless the DESIGN/BUILDER provides a Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning„ profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages. 3. Any deductibles or self insured retentions greater than $10,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the DESIGNBUILDER. 4. DESIGNIBUILDER'S insurance coverage shall be primary. a, Ali auuve insurance policies shaii be placed with insurers with a Best's rating of no less that A + VII. The insurer chosen shall also be licensed to do business in Florida. G. The insurance policies piocmed shall be "Claims Made" policies or as general%- available on the open insurance market. 7. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Contract. 10 8. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. 9. DESIGNIBUILDER shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for sub -contractors shall be subject to all of the requirements stated herein. 10. DESIGN/BUILDER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent acts, errors or omissions of the DESIGNIBUILDER or DESIGN/BUILDER'S REPRESENTATIVES in the performance of Professional Services under this agreement and for which DESIGN/BUILDER is legally liable. SECTION XIX - ENTIRETY OF CONTRACT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. This Agreement, regardless ofwhere executed, shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this day of A— '1999 B TRUCTION, INC Phil Barth WITN WIT [Corpomle al is cccplahlc in Place of W' asses) 11 INDI RI1 ER COUNTY, FLORIDA Kenneth R. Maeht, Chairman ATTEST: Jeffrey K. Barton, Cl =Otwt r Indian River CoWy Approved Date Administration Budget _ 1;7 A Legal RIA 612nagemenl Public Works 111BARTH Construction, Inc. General Contractor EXPi1BIT "A" Indian River County Agricultural Arena/Exhibit Building Professional Architectural/Engineering/Constrt,ctinn Services Design -Build Contract Professional Services Fee Fee of $30,000.00 includes the following; A. Preliminary Site Pan Development Construction Phase Pee to lie deternflned alone- wilt, liu7ranteed M-Wnivin Price real Guaranteed Completion Date. These items Witt ie. inciuded i,: an ame„lnaen =" t to u' 7 contract prior to Notice to Proceed with Ficial Design, Permitting -lid Construction, Plat Bart11111 z l)atc President Barth Construction, Inc. 1717 Indian Ri4or Boulevard ■ Suite 202A RVera Beach, Florida 32964 5611778-3072 ■ Fax 661 1770.3617 # E•Ma�l trarfhwori7-hmnrh tl „s. CGCO07847