HomeMy WebLinkAbout1999-039Xm2pi99(AOa)NW(K'fOart)j d
INDIAN RIVER COUNTY q,3 -n-31
CR512 BRIDGE REPLACEMENT PROJECTS
PROFESSIONAL ENGINEERING/DESIGN
CONSTRUCTION SERVICES
DESIGNBUILD CONTRACT
THIS CONTRACT, entered into this day of 1999, by and between
INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL. 32960, hereinafter referred to as the COUNTY, and ZEP CONSTRUCTION, INC.,
7802 Jean Boulevard, Fort Myers, FL 33912, hereinafter referred to as the DESIGNBUILDER.
WITNESSETH
The COUNTY and the DESIGN/BUILDER, in consideration of their mutual covenants,
herein agree with respect to the performance of professional civil and structural engineering,
environmental engineering, construction, budgeting, and related services by the DESIGN/BUILDER,
and the payment for those services by the COUNTY, as set forth below. This agreement shall be
referred to as the "DESIGNBUILD CONTRACT." Subsequent amendments to the
DESIGNBUILD 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 DESIGNBUILDER shall provide professional engineering, constriction, permitting,
budgeting, and related services to the COUNTY in those phases of the project described below as
the INDIAN RIVER COUNTY CR512 BRIDGE REPLACEMENT PROJECTS located west of the
City of Fellsmere, serve as the COUNTY's professional representative for the projects as set forth
herein, and shall give professional 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 CR512 Bridges over the Fellsmere Famis
Water Control District's Park Lateral Canal and Lateral "U" Canal, Indian River County, FI.,
including offsite areas necessary to provide transitions to the bridges and affected water bodies,
utility relocations, etc..
Basic services required of the DESIGN/BUILDER 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
engineers and other professionals. The contractual obligations of such professional persons
or entities are undertaken and performed in the interest of the DESIGN/BUILDER.
D. The agreements between the DESIGN/BUILDER and thepersonsorentitiesidentified ill this
Agreement, and any subsequent modifications, shall be in writing. These agreements,
including financial arrangements with respect to this Project, shall be promptly and frilly
disclosed to the COUNTY upon request.
C. Construction budgets shall be prepared by qualified professionals, cost estimators or
contractors retained by and acting in the interest of the DESIGN/BUILDER.
D. If the DESIGNBUILDER believes or is advised by the DESIGN/BUILDER'S engineer or
by other design professionals retained to provide services on the Project that implementation
1
of any instruction received from the COUNTY would cause a violation of any applicable
En law, the DESIGN/BUILDER shall notify the COUNTY in writing. Neither the
UMAJN/bUILDBR nor the DESIGNBUILDER'S engineer shall be obligated to perform
any act which either believes will violate any applicable law.
E. The DESIGNBUILDER shall construct the bridges using reasonable and accepted
construction means and equipment.
SECTION III - 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 DESIGNBUILDER with a copy of any preliminary data or reports
available.
B. Provide the DESIGNBUILDER 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 be 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 DESIGN/BUILDER to enter upon
public or private property as required for the DESIGN/BUILDER to perform his
services. If private property access is required, the Design/Builder must identify the
need under the Preliminary Design Phase.
F. The COUNTY will promptly execute all permit applications prepared by the
DESIGN/BUILDER 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 Tames 11. Davis, P.E., Public Works Director, as Project
�__:._ _1
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. _Qeneral
1 . The DESIGN/BUILDER will endeavor not to duplicate any previous work
done on the project. After written authorization to proceed, the DESIGNBUILDER shall consult
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 Fellsmere Farms Water Control District,
City of Fellsmere, and Sun Ag will be held and attended by the DESIGNBUILDER and County
staff.
2. The DESIGNBUILDER 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 time
frames and under the conditions set forth in this Agreement, the DESIGN/BUILDER will observe
the following requirements:
a. The DESIGN/BUILDER will completehiswork onthe project within
the time allowed by maintaining an adequate staff of registered Engineers, draftsmen,
2
environmental scientists, and other employees on the work at all times. The DESIGNBUILDER
® will retain the services of an approved Environmental Engineer and/or Biologist approved by the
COUNTY to provide environmental services regarding wetlands, endangered species,
• contamination, etc., if necessary.
By executing this Contract, the DESIGNBUILDER represents to the
COUNTY that the DESIGNBUILDER is professionally qualified to act as the ENGINEER for the
project and is licensed to practice ENGINEERING by all public entities having jurisdiction over the
DESIGNBUILDER and the project, or will subcontract with a qualified registered Florida
ENGINEER approved by the COUNTY. The DESIGNBUILDER further represents to the
COUNTY that the DESIGNBUILDER will maintain all necessary licenses, permits or other
authorizations necessary to act as ENGINEER, Contractor, and other disciplines for the Project until
DESIGNBUILDER's remaining duties hereunder have been satisfied. The DESIGNBUILDER
assumes full responsibility to the COUNTY for the improper acts and omissions of its consultants
or others employed or retained by the DESIGNBUILDER in connection with the Project
The professional services are to be provided in accordance with
generally accepted professional engineering 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
DESIGNBUILDER.
Execution of this Contract by the DESIGNBUILDER constitutes a
representation that the DESIGNBUILDER has become familiar with the Project site and the local
conditions under which the Project is to be implemented.
b. The DESIGNBUILDER will comply with all federal, state, and local
laws applicable to this project. The DESIGNBUILDER will design and build the project in such
a manner as to be in conformance with all applicable federal, state and local laws, including the
policies of the Fellsmere Farms Water Control District.
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 DESIGNBUILDER will cooperate fully with the COUNTY in
order that all phases of the work may be properly scheduled and coordinated.
e. The DESIGNBUILDER will submit a preliminary set ofconstruction
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.
f. The DESIGNBUILDER 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 of utilities, if any. Electrical Services relocation will also
be coordinated by the DESIGNBUILDER. The DESIGNBUILDER 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 DESIGNBUILDER shall design all utility
extensions required to support the project, if necessary.
g. The DESIGNBUILDER shall report the status of this project io 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 at any time, upon
reasonable request.
3
® h. The DESIGN/BUILDERwill provide to the COUNTY a geotechnical
scope of work for subsurface investigation and tests, including environmental assessment. The
geotechnical services are included in the DESIGNBUILDER'S scope of work and shall be paid as
® Basic Compensation. The DESIGN/BUILDER shall submit, for COUNTY approval, ageotechnical
report for each bridge, prior to structural engineering proceeding.
4. The DESIGNBUILDER will furnish additional copies of the drawings,
i specifications and contract documents as required for materials suppliers, federal, state and local
agencies from whom approval of the project must be obtained, and other interested parties. The
DESIGNBUILDER will fitrnish to the COUNTY five (5) sets of the drawings, specifications and
reports. The cost of all printing and these sets of documents are included in the basic compensation
paid to the DESIGN/BUILDER. All original documents, survey notes, field books, tracings, and
the like, including all items furnished to the DESIGN/BUILDER 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. The drawings prepared by the DESIGN/BUILDER will beofsufficientdetail
to permit the actual location of the proposed improvements on the ground, including offsite utility
improvements. Removal and disposal of existing bridge structures shall be the responsibility of the
Design/Builder.
6. The DESIGN/BUILDER acknowledges 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 compensate the DESIGN/BUILDER 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 canals and road
right-of-way. The COUNT Y will supply the following prior to a Notice -to -
Proceed:
1. Establish vertical control based on N.G.V.D.;
2. Topographic Survey;
a. Cross-sections of the existing canals and road right-of-way
3. Horizontal locations of all features within the existing site area;
4. Title search and appraisals for land acquisition purposes.
The DESIGN/BUILDER agrees that all hiring must follow all applicable labor laws as
follows:
1. The DESIGN/BUILDER and all subcontractors 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 ininry or death which may arise from the performance of its
services under this contract.
2. The DESIGN/BUILDER and all subcontractors will assure
compliance with Title VI of the Civil Rights Act of 1964 (P.L. 81-
352) as amended, (S42USC2000d) and the requirements imposed by
theregulations of the Department of Commerce (15CFRPart8) issued
pursuant to that Title. h accordance therewith no person in the
United States shall, on the grounds of race, otherwise subjected to
4
• discrimination under any program or activity for which Indian River
County receives state financial 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. In accordance with Section 616.255(2), Florida Statutes, the
® COUNTY encourages the DESIGNBUILDER to the greatest extent
possible, to give consideration to increasing the number of
•
subcontractors/vendors that are minority businesses.
THE DESIGNBUILDER and subcontractors must comply with FS 287.133 (3)(a) on
Public Entity Crimes and will submit to the COUNTY a sworn statement of compliance for each
fiscal year that any agreement is in effect.
COUNTY inspectors will make periodic on-site inspections. The COUNTY reserves the
right to inspect any books, documents, records, and papers involving transactions related to the
project.
B. Preliminary Site Plan Development - Part 1 Agreement
Currently, the Indian River County CR512 bridges spanning the Fellsmere Farms
Water Control District Park Lateral Canal and Lateral "U" Canal are in need of replacement to
accommodate State legal vehicle loads in accordance with FDOT and AASHTO Bridge Loading
Criteria. The DESIGNBUILDER shall develop a preliminary development plan to replace both
bridges. The plan shall include a plan view and elevation, bridge component types, preliminary
drawings, preliminary material specifications, permits required, relocation of utilities, and related
work. The existing bridges are to be completely removed and replaced.
The existing bridges can be closed from June 1, 1999 to Sept. 15, 1999. If
construction occurs before or after these dates, a by-pass structure or detour must be provided no
longer than one mile total detour distance, or as agreed upon by the COUNTY. The
DESIGNBUILDER must meet with Fellsmere Farms Water Control District staff and/or Board,
City of Fellsmere, representatives of Sun AG, and COUNTY staff for preliminary direction.
The bridges shall include at least the following:
(1) Two 12' wide lanes for two-way traffic.
(2) 8' wide paved shoulders.
(3) 6' wide sidewalk one side.
(4) Utility shelves - both sides.
(5) Debris pile upstream side each bent.
(6) Approach slabs, approach roadway, curbing, and guard rail as
required. Bridge design criteria shall be based on AASHTO standard
Specifications for 75 year design life and may be precast, prestressed
concrete piling, precast, prestressed concrete deck slab units, low
maintenance, expandable to five lanes or alternate construction
systems shall be considered as long as low maintenance and design
life are similar.
A preliminary design development report will be submitted at the end of this phase for
approval by the Public Works Director. The report shall contain preliminary design drawings,
material specification meeting FDOT Standards, design, construction, and permitting, schedules, and
a guaranteed maximum price for final design and construction services. Deviations from the
COUNTY'S program will be stated in the report. If the proposal is accepted by the COUNTY, the
5
COUNTY shall authorize final design and permitting phase by Amendment to this agreement.
C. Final Design and Permitting Phase
1. In general, the DESIGN/BUILD TEAM will perform all necessary
® engineering and structural design, drainage design, permitting, approach
roadway modifications and incidental work for the replacement of the CR512
Parc Lateral and Lateral "U" Canal Bridges. More specifically, the work will
i include the following.
a. Design and prepare a complete set ofconstruction plans for the Work.
These pians shaii inciude:
(1) Structural plans, specifications and special provisions for two
two-lane bridges (including superstructure, substructure, and
approach slabs). The bridge design shall be in substantial
accordance with Florida Department of Transportation
(FDOT) "Structures Design Guidelines" and AASHTO
"Standard Specifications for Highway Bridges." The Public
Works Director shall meet with the Design/Builder to
consider waiving certain DOT requirements to facilitate the
design/construction prior to the work beginning. The
standard FDOT specifications will be amended by "Special
Provisions," as required. Loading shall be HS -20. Provide
all drainage, structural and roadway calculations in a neat and
organized form for review and retention as record documents
by the county. This shall include quantity take -off calculation
sheets.
(2) Bridge and roadway drainage design, including stormwater
management, permitting, sidewalks, traffic control devices,
handrails, paved shoulder, safety devices, and curbing as
required.
(3) Approach roadway modifications in accordance with the
latest edition of the "Manual of Uniform Minimum Standards
for Design, Construction & Maintenance for Streets and
Highways" State of Florida. CR512 shall be designated as a
two lane roadway, expandable to five lanes.
4) Roadway striping and signs. (construct ion shall be by
COUNTY)
5) Relocation of utilities, as required.
b. Attend 30, and 90 percent design review meeting with the County
and its representatives.
C. Utilize all FFWCD studies as available, as required, to obtain data for
the bridge rle.cian
o- --o••• g• nat3t;
tirlVu Vy ole5Wilbe
utilized as much as possible in this step. FEMA studies may be used.
d. Prepare construction documents as required.
e. Prepare technical specifications, as required.
f. Apply for all required permits for the work from the various
regulatory agencies, including but not limited to;
1) Fellsmere Farms Water Control District.
2) Indian River County Division of Utility Services.
6
3) Department of Environmental Protection.
4) U.S. Army Corps of Engineers.
5) St. Johns River Water Management District.
410 6) US EPA NPDES Permit
All permit applications will be prepared for the COUNTY'S
signature.
0 g. Establish centerline tied to existing recoverable section monuments.
h. Review submittals shall be made in writing to Indian River County,
0 Director of Public Works, requesting review of the submittal. Three
(3) complete copies of the submittal including all plans, calculations,
specifications, and other supporting information shall be delivered to
the Director of Public Works for each review submittal. One (1) of
these sets shall be a reduced set on 11" x 17", or 8'/2" x 14" media.
i. Define the scope of work for soils testing and coordinate soils
investigation, and supply, under basic compensation, a geotechnical
soils investigation for each bridge.
H. Construction Phase
The DESIGN/BUILDER will supply to the COUNTY a Performance Bond in the
amount of 125% and a Payment Bond in the amount of 100% of the constriction
cost prior to commencement of construction. The DESIGN/BUILDER shall
constrict two complete bridges, ready for use, in accordance with plans and
specifications approved by the County, including maintenance of traffic,
mobilization, removal and disposal of existing bridges, and all incidental work.
Material testing shall be performed in accordance with DOT standards..
SECTION V - TIME FOR COMPLETION
The time for completion of each project phase shall be as follows:
Preliminary Site Plan Development 45 calendar days
Final Design & Permitting Shall be as per
Construction Phase Part II Agreement
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 DESIGNBUILDER agrees to accept 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 "ti 15a51C PiOIeSSlonal
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 fee for each Phase includes services performed by the structural ergincer, enviromnenta!
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
7
under Section VII.
0 Basic compensation includes services or goods provided by others working in
conjunction with the DESIGNBUILDER, as follows:
aI. Soil Survey, Foundation Recommendations
The DESIGN/BUILDER shall make direct payment to the approved soil
laboratory for Soil Survey work as provided for in Section IV A.3.a., which is necessary in designing
the project, and approved by the COUNTY in writing. Environmental classification parameters per
FDOT procedures shall be covered under Basic Compensation and shall not be additional services.
®
htlrinfinn —A D., .,,1..,.a:....
o�• .......ub "UU 1%Vp1VUUVL1V11
All costs will be under Basic Compensation for printing and repo.
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.
Compensation for Additional Services work shall be at a price to be negotiated between the
DESIGNBUILDER and the COUNTY.
Reimbursable expenses are invoiced 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, drawings, findings, 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 DESIGNBUILDER due to a change in scope of
the project, 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 be performed by the DESIGN/BUILDER to the satisfaction of the Director
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 nrosecution 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 is 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
concur in the 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
8
® Director and the DESIGNBUILDER shall abide by the decision of the County Administrator of
Indian River County, unless the decision is clearly arbitrary or unreasonable. The
DESIGNBUILDER 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,
__.....��. a.,_..... __.,, ..„A aL .. .1 ..,.1___.7 L.. aL_ r.rnin*rmr rrr r.rn C.,.. tL_ �...W ___ _CSL:_
wuttaa t uu�wucttta, auu ower data uCvc tupcu t,y itc ut otvivilivli ”" tut urn purpose ut tw5
Agreement shall become the property of the COUNTY and shall be made available by the
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 the Public
Works Department.
B. Reuse of Documents
All documents, including but not limited to drawings and specifications, prepared by
the DESIGNBUILDER pursuant to this Agreement are related exclusively to the services described
herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on
extensions of this project or on any other project. Any such utilization or adaptation will entitle the
DESIGNBUILDER to further compensation at rates to be agreed upon by the COUNTY and the
DESIGN/BUILDER. The DESIGN/BUILDER 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 XII - NOTICES
Any notices, reports or other written communications from the DESIGNBUILDER 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 DESIGNBUILDER 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 may be 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 terms 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 DESIGNBUILDER will be paid for all services reii0ered 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 DESIGN/111i Jll.DFR will
deliver to the COUNTY all work performed prior to termination of the Agreement.
SECTION XIV - AUDITS
The COUNTY reserves the right to audit the records of the DESIGNBUILDER related to
this Agreement at aay time during the prosecution of the work included herein and for a period of
one year after final payment is made.
9
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 DESIGNBUILDER shall cause the names of the engineering, surveying, or other 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 DESIGNBUILDER warrants that he has not employed nr retained nny company or
person other than bona fide employees working solely for the DESIGNBUILDER to solicit or
secure this contract and that he has not paid or agreed to pay any company or person other than a
bona fide employees working solely for the DESIGN/BUILDER any fee, commission, percentage
fee, gifts or any other considerations, contingent upon or resulting from the award or making of this
contract. For breach violation of this warranty, the COUNTY shall have the right to annul this
contract without liability.
SECTION 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 performance of the work covered by this Agreement, the DESIGNBUILDER
shall provide the COUNTY with evidence that the DESIGN/BUILDER and all subcontractors have
obtained and maintains the insurance listed in the Agreement.
1. DESIGN/BUILDER 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 DESIGN/BUILDER, his agents,
representatives, employees or sub -contractors. The cost of such insurance shall be included in the
DESIGN/BUILDER'S Basic Compensation. Engineers under subcontract with the
DESIGNBUILDER shall have their own Professional Liability Insurance.
2. Minimum 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 for bodily injury and
protnerty damage for owned and non -owned vehicles, CYN TMTV .halt he 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
DESIGN/BUILDER with a limit of $500,000 per claim/annual aggregate.
10
There shall be no more than $10,000 deductible per claim amount unless the
DESIGN/BUILDER provides a Certified Copy of a financial report which
Lias 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 CoI!rtT, �uifh the Hlti; ;u�.. « -.
- -•f _-N+1wfJVIW lot I Y tol BaIIIC
going to the DESIGNBUILDER.
4. DESIGNBUILDER'S insurance coverage shall be primary.
5. All above insurance policies shall 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.
6. The insurance policies procured shall be "Claims Made" policies or as generally
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.
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. DESIGNBUILDER 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. DESIGNBUILDER hereby agrees to indemnify Indian River County and
Representatives thereof from all claims arising solely from negligent acts, errors or
omissions of the DESIGN/BUILDER o, Re IfS T.T InT DER's
D�,�JILunic �
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 Agreem:nt shall be valid unless
made in writing and signed by both parties hereto.
This Agreement, regardless of where 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 '1999.
11
MD
ZEP CONSTRUCTION, INC IND.AN P�iVER COUNTY, FLORIDA
7802 JEAN BOULEVARD �i
FORS' MYERS, FL. 33912
Zepcevski, P.E.
.. rrA 11JEJ5 1 . _
O
c J
WITNESS:
(Corporate seal is acceptable in Place of Witnesses)
12
`dIzenneth R.. Macht, Ci�ialrman I
ATTEST:
Jeffrey'IC. Barton, '
qle k of Court
Indian River County
Approved Date
Administration
Budget
Legal
Risk Management;f.q
Public Works
1
'-vw�j s.u4: �vw itv�__.. lU-ygl2ii'!'I`9d7
P-02
�A008"06%ft� EXHIBIT" A"
_ 7rD �" nNTQT P1 Tr''T'TC)N INC
4riA_,1L O.i 4.J 1 i \.J 1 1 i%-1 ---1 i i v s 4 7 ii 1 4i •
7802 lean Boulevard
Ft. hlyers, FL 33912
Telephone (941) 267.8778
Fax (941) 267-7907
Jimmy 26, 1999
Mr. Jim Davis, P.R.
Public Works Director
Indian River County
1840 251h Street
'Hero Beach, Fl. 32960
Re: CR512 Bridge Replacement Project
Part 1 Agreement -- Preliminary Site Plan Development
Exhibit A— Basle Professional Fees
Dear Mr. Davis:
The ZEP Construction, Inc. design/build team is pl.-rased to submit our Fee for
the Part 1 Agreement for this project. The total Lu alp Sum Fee for this phase
is $40,600.00, which includes Zep Construction, K.imley-Horn and Associates
(Engineer) and Dunkclberger Bagineering and Testing (Geotechnical). This
lump sum fee also includes all expenses associated with this Part I
Agreement. We arc looking forward to starting this project for Indian River
County and as you are aware have already set up meetings with Fellsmere
Farms Water Control District, Sun Ag and the City of Fellsmere which are
scheduled for January 27, 1999 to keep this project moving.
If you have any questions or need additional information please contact me at
(941) 267-5778.
Sin�cer�el�y_,
7ovan Zepeevski, P.E.
President
-99 19:53 RECEIVED FROM:551 £363 8175
P.02