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2005-236
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2005-236
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E . No building permits for development generating more than 188 PM Peak Hour <br /> inbound trips shall be issued prior to the County or Developer letting of the contract <br /> for the 16`h Street/27`h Avenue intersection improvement, which shall include a <br /> westbound right-tum lane and eastbound right-tum lane . This correlates to 306 <br /> single-family dwelling units . Developer's fair share cost to be contributed to said <br /> intersection improvement is $3 , 524 . 63 . <br /> In the event the COUNTY's schedule for construction of off-site intersection improvements <br /> described above does not coincide with DEVELOPER's schedule , Developer may perform the <br /> construction improvements at said off-site intersections . In that case , DEVELOPER shall design , <br /> obtain permits , and construct, as necessary, said improvements listed above as A , B , C , D & E and <br /> as shown on the approved Millstone Landing CPD conditions . The County Public Works Department <br /> shall review and approve the designs prior to submitting permit applications. The DEVELOPER shall <br /> use the County's public competitive bid process for construction of these improvements and <br /> Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive <br /> bidding of the construction . The DEVELOPER shall timely provide the Indian River County <br /> Purchasing Division with sufficient information , including the nature of the project , where the plans <br /> may be purchased , the purchase price of the plans in an amount not to exceed One Hundred Dollars <br /> ($ 100 . 00) , the proposed date of bid opening , and all other required competitive bid details to ensure <br /> compliance with 255 . 20 , Fla . Stat (2004) , and to ensure sufficient public notice of the construction of <br /> improvements described in this paragraph to enable the County to post a notice on DemandStar. <br /> The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public <br /> competitive bid process for the construction of the improvements in this paragraph to obtain bona <br /> fide bids from licensed and qualified contractors , and that such bids are to be publicly opened and <br /> read aloud . The DEVELOPER shall cause the DEVELOPER' s engineer to review the bids received <br /> by the Indian River County Purchasing Division , and to make a written recommendation to the <br /> County's Public Works Director for award of the bid to a licensed and qualified contractor. The <br /> County's reimbursement of a portion of the construction costs to the DEVELOPER shall be <br /> conditioned upon the approval of all project costs by County's Public Works Director. Bid proposals <br /> and engineering costs related to the work described herein shall be subject to prior approval by <br /> County's Public Works Director. The DEVELOPER shall not commence work unless the County' s <br /> Public Works Director provides written approval of the final construction cost and the final project <br /> cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY'S sole discretion , project <br /> costs significantly exceed reasonable costs . Bids shall include Performance and Payment Bonds <br /> with the COUNTY being named an additional party covered by the Bonds . The bid price of the <br /> selected bid shall be deemed to be the "Fixed Contract Price" for the purpose of this Agreement . <br />
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