HomeMy WebLinkAbout2009-036 0,
J .
site plan : Sunoco Gas Station COPY
CONTRACT FOR CONSTRUCTION OF
REQUIRED ROADWAY IMPROVEMENTS
AND
AGREEMENT TO WARRANTY AND GUARANTY ROADWAY
IMPROVEMENTS AT COMPLETION AND TO PROVIDE A BILL OF
SALE
( RE : RIGHT -OF -WAY PERMIT NO , 2008100352 )
THIS CONTRACT , made and entered into this 30th day of
January 2009 by and between S & S RENTALS , L . L . C . , a Florida limited
liability company , hereinafter referred to as " Developer , " and INDIAN RIVER
COUNTY , a political subdivision of the State of Florida , by and through its Board of
County Commissioners , hereinafter referred to as " County " .
WITNESSETH :
WHEREAS , the undersigned Developer , as a condition of site plan
approval , is required to construct certain off- site improvements within the County right-
of-way ; and
WHEREAS , pursuant to Indian River County Code Section 312. 11 , and as
a condition of County right- of-way permit #2008100352 , Developer is required to post
acceptable security in either the form of cash or a letter of credit from an acceptable
lending institution with a call address in the State of Florida , in the amount of 115 %
of
the estimated costs of the proposed improvements , submitted by an engineer registered
in the State of Florida to practice professional engineering , and approved by County , to
guaranty installation and completion of the required improvements to the satisfaction of
County ; and
WHEREAS , said required roadway improvements are to be completed
within twelve ( 12 ) months from the issuance of County right-of-way permit
#2008100352 ; and
WHEREAS , upon completion of the required roadway improvements by
Developer and upon approval of same by the County Public Works Director , ninety ( 90 )
percent of the security will be released by County with the remaining ten ( 10 ) percent to
be held as warranty security for one ( 1 ) year from the date of approval by the County
rity is posted in the form of a letter of credit ,
Public Works Director . Additionally , if secu
CR 512 , Sebastian � "
that letter of credit must remain valid for 90 days beyond the 1 -year warranty period ;
and
WHEREAS , at the completion of the roadway improvements , Developer
agrees to execute a Warranty and Guaranty Agreement and Bill of Sale to warranty the
roadway improvements for a period of one year against defects due to faulty field
engineering , workmanship , or materials , secured with the remainder ten ( 10 ) percent
security mentioned above ; and
WHEREAS , nearing the end of the 1 -year warranty period , or sooner if the
need arises , County will cause inspections to be performed to determine if all
improvements remain free from defects due to faulty field engineering , workmanship , or
materials . If the roadway improvements are determined to be acceptable , then the
remaining ten ( 10 ) percent security will be released by the County Public Works Director
at the end of the warranty period . In the alternative , if the roadway improvements are
found to be defective , County will notify Developer of such defect ( s ) and Developer
must cure the defect ( s ) within twenty ( 20 ) days of written notice by County . Failure to
cure any defects will result in the Developer , as principal , and the escrowed cash
or
letter of credit being jointly and severally liable to pay for the repairs ; and
WHEREAS , failure by Developer to construct the required roadway
improvements within the 12 - month period from the issuance of the right-of-way permit
will cause Developer to be in default under this agreement , and Developer and the
underlying security shall be jointly and severally liable to pay for the cost of construction
and installment of the required roadway improvements to the final total cost ;
NOW , THEREFORE , IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows :
1 . Developer agrees to construct on or before January 28 , 2010 , in a
good and workmanlike manner , those improvements described as follows :
See Exhibit "A " attached hereto
24 Developer agrees to construct said improvements strictly in
accordance with the conditions of site plan approval and requirements of any applicable
County right- of- way permit , all of which are hereby incorporated by reference and made
a part hereof.
3 . In order to guarantee performance of this contract , Developer shall
simultaneously herewith furnish either cash or an irrevocable letter of credit , having an
expiration date of not less than 27 months from the issuance of the County right- of-way
permit , provided by an acceptable banking institution authorized to transact such
business in this state , and with a call address in Florida , in a form to be approved by the
County , naming Developer or Developer' s contractor as customer and the underwriting
2
bank , in the amount of $ 70 , 899 . 00 , which amount is not less than one hundred fifteen
percent ( 115 % ) of the estimated total cost of roadway improvements to be constructed ,
as determined in accordance with the County ' s right- of-way ordinance . It is understood
that the full amount of the letter of credit shall remain available to the County pursuant
to Indian River County Code Section 312 . 11 .
4 . Up to $ 1 , 000 , 000. 00 , or the limits of any applicable underlying or
excess insurance coverage carried by Developer or to be obtained during the course of
the construction of the roadway improvements , Developer agrees to indemnify , hold
harmless , and defend the County against any and all claims , damages , losses , and
expenses , including attorney ' s fees , for property damage , personal or bodily injury , or
loss of life , arising from the negligent acts or omissions of the Developer , its officers ,
employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the
construction of the required roadway improvements .
Satisfactory completion in accordance with the approved site plan and
right- of-way permit shall be determined by the County Public Works Director and shall
be indicated by specific written approval of the Public Works Director or his designated
representative , after receipt of a signed and sealed Certificate of Completion from the
project engineer of record .
5 . In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Indian River County Code , the
Developer , as principal , and the escrowed cash or letter of credit shall be jointly and
severally liable to pay for the cost of construction and installment of the required
roadway improvements to the final total cost , plus the warranty , including but not limited
to engineering , construction , legal and contingent costs , including reasonable attorney' s
fees incurred by the County , together with any damages , either direct or consequential ,
which the County may sustain as a result of the failure of Developer to carry out and
execute all provisions of this contract and applicable ordinances of the County , If this
contract is secured by a letter of credit , then in no event , shall the liability of the
underwriting bank under this paragraph exceed the total amount of the original
obligation stated in the letter of credit , less any approved reduction thereto .
6 . The parties agree that the County at its option shall have the right ,
but not the obligation , to construct and install or , pursuant to receipt of competitive bids ,
cause to be constructed and installed the required roadway improvements in the event
Developer shall fail or refuse to do so in accordance with the terms of this contract .
Developer expressly agrees that the County may demand and draw upon the existing
cash escrow or Letter of credit for the final total cost of the roadway improvements ,
including the warranty , Developer shall remain wholly liable for any resulting deficiency ,
should the cash or letter of credit be exhausted prior to completion of the required
roadway improvements . In no event shall the County be obligated to expend public
funds , or any funds other than those provided by the Developer , or the underwriting
bank to construct the required roadway improvements .
3
7 . At the completion of the roadway improvements , Developer agrees to
execute a Warranty and Guaranty Agreement and Bill of Sale to transfer all its right , title
and interest to the County in and to all those roadway improvements constructed within
the public right - of-way , free and clear of encumbrances , together with the assignment of
all existing warranties , and Developer' s agreement to warranty and guaranty the
roadway improvements for a 1 -year period and , on each occasion , and at Developer' s
expense , correct any defect due to faulty field engineering , workmanship , or materials
within 20 days of written notice by County , Said warranty will be secured with the
remainder ten ( 10 ) percent security mentioned above ; and
8 . Any cash or letter of credit provided to the County by Developer or
Developer ' s contractor with respect to this contract shall exist solely for the use and
benefit of the County and shall not be construed or intended in any way , expressly or
impliedly , to benefit or secure payment to any subcontractor , laborer , materialman or
other party providing labor , material , supplies , or services for construction of the
required roadway improvements , unless the County shall agree otherwise in writing .
91 This agreement is the full and complete understanding of the
parties and shall not be construed or amplified by reference to any other agreement ,
discussion , or understanding , whether written or oral , except as specifically mentioned
herein , This agreement shall not be assigned without the express-written- approval of
the County . Any amendment , deletion , modification , extension , or revision hereof or
hereto shall be in writing , executed by authorized representatives of both parties .
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written ,
S & S RENTALS , L . L . C . , a Florida limited
liability company
41DEVELOPER
By --
7"" . V � AU i Manager
r
INDIAN VER COUNTY , FLORIDA
B
Wesley S . Da s , CnaircnaII
COUNTY
BCC approved : February 10 2009
APPROVED AS TO FORM
AND LE AL SUFFICIENCY.
By :
William G . ' Collins II
County Attorney
NIBV Engineering, Inc. j t
Consulting Engineers
MBV 2455 14th Avenue
Vero Beach , Florida 32960
Ph : 772-569-0035 Fns : 772 =778 -3617
Project Name : Burger King and Sunoco Gas Station
11BV Project No. : 05-876
Description : Right Turn Lane Construction Cost Estimate
Date : January 16 , 2009
Item Description 1?stimaled Quantity Units Unit Cost Poul cost
I . ROW Curbing dt Sidmalk
1 . ExistinasidcN% alk and curb demo. I LS $2 .000 . 00 $2000. 00
2. 8' wide sidewalk 1 , 560 SP $630 59. 828 . 00
3 . "I'ype F= Curb 133 LP $ 14. 75 $2 . 256 . 75
4 . VilleNt Curb33 LF$ I > 35 g > OG. S
RO \V Curbing & SideisalkTotal 514,591 .30
11 . ROW Storrawater & Drainage
I . 15 " RCP 16 L, F £ 35 . 00 $ 560.00
2. Remove Existing " P" inlet top I I .S $ t 1000 , 00 $ 1 .000. 00
3 . Rehlaaa exist . top with Mlli Cover I LOS $ 1 , 500 :00 $ 1 . 500 . 00
4 . Plume construction I LS $2 .200 .00 $2 , 200 . 00
5. Type " 11- 5 " Curb Inlet I EA $ 4 . 500 . 00 $4, 500 . 00
ROW Stm• mwater & Drainage Total 59 , 760. 00
111 . ROW Road Work / Paving
I . Nfaintenance of 1•raftic I LS $9.000.00 $9 ,000 . 00
2 . Remove Exist . As shall and ubgrade ( 300SY ) I I .S $ $ , • 00 .00 $ 8 . 500. 00
3 . 1, 5 " Super avc ( 300 SY ) 300 SY $ 8 . 50 $2 ,550 .011
4 . I . 5 " Prinie Coat ( 300 51' ) 300 til' $3 . 00 $900. (10
5 . 1 " Asphalt Overlay ( 300 SY ) 300 SY $6.00 $ 1 , 800. 00
6 . 10 " Stab . Limerock t3ase ( PDOT ) ( 300 SY ) 300 SY $ 15 . 00 $4 . 100 .00
7 , 12 " Stabilized Subgrade ( 300 SY ) 300 SY $6. 00 $ 1 , 800-00
8 . Sawcut Exist . asphalt I I"S $2 ,000 . 00 `52 .000. 00
ROW Road Work / Paving Total S31105U.t10
W. RONNI Grass Stabilization
I . Sod I I_S $2 >0. 00 $250.00
RO\V Grass Stabilzartioa -Total 5250 .00
V. ROW Striping
$2 . 500 . 00
1 . Striping I LIS $2 . 500. 00
110 ", Striping Total 52 ,500.00
V1 , ROW Testing
1 . Testing I LS $ 1 , 500. 00 51 . 500 . 00
RM\ FestingTotall S1 „500 .00
VII . Survey
1 . Survey ! 4 ' t ' I ; i I LS --�- $2 ,000. 00 $2 ,000 . 00
1 Surve - Totall 52,000.00
i ;
Total ProjectC ost , $61 ,6500
�a6aaLBd dttiRyntoi►nt = 115% of the Total Project Cast to CompleWt 570,892.00
\ :nnn J . oivle P F. . ' '` Fi P [ . ,#5531'3 Dater
� •' t ' - �
Page 1 (i