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Home My WebLink About2004-094 Apr 12 04 10 : 53a Indian River County 772 - 770 - 5095j� p . 2 for use with performance bond fl Citrus Springs Village "A" — P . D , _ Phase I1 " 0 [ 4 CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO . PD -03 -06A4-CFC (99100114 =37009) THIS CONTRACT , made and entered into this 12 day of April 2004 , by and between The Suntree Partners , a Florida gene al partnership existing under the laws of the State of Florida , 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 , Developer is commencing proceedings to effect a subdivision of land within Indian River County , Florida ; and WHEREAS , a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed ; and WHEREAS , Developer requests the approval and recordation of a certain plat to be known as Citrus Springs Village "A" — P . D , _ Phase II ; and WHEREAS , the required improvements are to be installed after recordation of this plat under guarantees posted with the County . 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 April 20 , 2005 , in a good and workmanlike manner, those improvements described as follows : See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of India County, Florida upon the final approval of the Board of County Commissioners n River and made a part hereof for all purposes . 2 . Developer agrees to construct said improvements strictly in accordance with the land development permit , the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development 1 FAAttomey\Nancy\ DOCSTLAN\k for con w perf citrus sp a-2 . doc Received Time Apr , 12 , 10 : 54AM • - , - + v . vv .J 1u1G11 1\ 1 VCr " I. UUr1L `� ( / � - ( / U - � VyJ p . O J } Division , and all County development regulations and standards , including conditions and requirements of any applicable County right-of-way permit , all of which are hereb incorporated by reference and made a part hereof. Y 3 . In order to guarantee performance of this contract? Developer shall simultaneously herewith furnish a performance bond underwritten by a surety insurer authorized to transact such business in this state , which shall remain in full force and effect until at least ninety (90 ) days beyond the date set forth in paragraph 1 , or until the covenants of this contract have been fully complied with and satisfactorily completed as determined by the County pursuant to paragraph 5 below, in a form to be approved County, with Developer as principal and Contractors Bonding and Insurance Company, a Washington corporation , as the surety, in the amount of $262 ;2000161 which amount is not less than one hundred fifteen percent ( 115 % ) of the estimated total cost of improvements remaining to be constrted , as determined in accordance with the County's Subdivision and Platting Ordinance .ucIt is understood that the full amount of the guaranty shall remain available to the County and shall not be reduced during the course of construction unless approved in writing by the County' s Public Works Director pursuant to Indian River County Code Section 913 . 10 . Requested reductions shall not be unreasonably withheld by the County. Developer may at any time substitute guarantees , subject to the approval as to form and amount by the County. 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 subdivision improvements , Developer agrees to indemnify, hold harmless , and defend the County against any and all claims , damages , and expenses , including attorney's fees , for property damage , personalor bod Im ury, or loss of life , arising from the negligent acts or omissions of the Developer, it ryofficers , employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the construction of the required improvements , including all those improvements to be constructed on existing publicly dedicated or County-owned property, such as street, sidewalk , bikepath , lighting , signalization , traffic control , drainage , water, or sewer improvements . 5 . The County agrees to approve the plat for recordation in the Public Records of Indian River County , Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation . However, nothing herein shall be construed as creating an obligation upon the County to perorm any act of construction or maintenance within such dedicated areas until such time as the required improvements 2 F:Wtt0mey\Nancy\D0CS\YLAN\k for con w perf cid-us sp a-2 .doc Received Time APr . 12 . 10 : 54AM Apr 12 04 10 : 53a Indian River County 772 - 770 - 5095 p . 4 are satisfactorily completed . Satisfactory completion in accordance with the land development permit , plans , specifications , and ordinance requirements of Indian River County shall be determined by the County 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 . 6 . 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 guarantor or surety shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements to the final total cost , 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 allprovisions of this contract and applicable ordinances of the . County. In no event , however, shall the liability of the guarantor or surety under this paragraph exceed the total amount of the original obligation stated in the guaranty or surety instrument , less any approved reductions thereto . 7 . 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 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 guaranty or surety for the final total cost of the improvements . Developer shall remain wholly liable for any resulting deficiency , should the guaranty or surety be exhausted prior to completion of the required improvements . In no event shall the County be obligated to expend public funds , or any funds other than those provided by the Developer , the guarantor, or surety , to construct the required improvements . 8 . Any guaranty or surety provided to the County by Developer 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 improvements , or to benefit any lot purchaser( s ) , unless the County shall agree otherwise in writing . 9 . 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 . 3 FAAttorney\Nancy\DOCS\PLAN\k for con w perf citrus Sp a-2 .doc Received Time Apr . 12 , 10 : 54AM N � r- U -t iu : Z) Ota inoian River County 772 - 770 - 5095 P05 IN WITNESS WHEREOF , the parties hereto have set their hands seals on the day and year first above written . and THE SUNTREE PARTNERS , a Florida general partnership , DEVELOPER WITNESSES : By: HMM , INC . , a Florida corporation , a Gene al Partner sign : I print name : e HSSBy: Myra K Haley, President sign : S4 print name :jk INDIAN RIVER COUNTY, FLORIDA By: � Caroline D . Ginn , hairman ATTEST: Jeffrey K . Barton , Clerk Board of County Commissioners _ BCC Approved : April 20 , 2004 Deputy CI APPROVED AS TO FORM AND LEGAL SUFFICIENCY : William G . Collins II County Attorney 4 FAAuomey\Nancy\DOCSU 'LANV< ro, can w pert 611-us sp a -2 .doc Received Time Apr . 12 . 10 : 54AM It Apr 12 04 10 : 54a Indian River County 772 - 770 - 5095 p . G 04 / 05 % 2004 13 : 21 FAX 772 770 9496 SBS ENGINEERS 9 002 , JOSEPH W. SCHULM, PE. SCHULKE , BITTLE & STODDARD , L . L . C . JODAH B. BITTLE, P. E. WILLIAM P. STODDARD, Ph . D . , P. E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Engineers Certified Cost Estimate — Citrus Springs Village A-2 13 Jodah B . Bittle, A Florida registered engineer, License No . 57396 , do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate for said improvements is $262 ,200 . 16 This estimate has been prepared, in part, to induce _approval by the county of a final plat for the Citrus Springs Village A-2, and for the Tufse, of establishing proper surety amounts associated therewith — Date : 0 L " . - B . Bittle, P. E . No . 57396 / Z� - f E 9 X H I F' 1140 7" COURT, SUITE F VERO BEACH , FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMA)Lsbseng@gate . net Received Time Apr , 12 . 10 : 54AM Apr 12 04 10 : 54a Indian River County 772 - 770 - 5095 p . 7 04 / 05 / 2004 13 : 21 FAX 772 770 9496 SBS ENGINEERS 9 003 COST ESTIMATE FOR CITRUS SPRINGS VILLAGE A4 . DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL % REMAIN . 80ND TOTAL EARTHWORK & GRADING Stripping & Discing AC 10 $325 . 00 $39250. 00 0 . 00% $0.00 Fill Lots at Low Areas CY 3000 $2 . 00 $6, 000 .00 0.00% $0. 00 Roadway Grading After Utilities SY 3705 $ 1 . 00 $3 , 705 .00 100 . 000/0 $32705 . 00 C) Lot Grading EA 51 $ 135 . 00 $6, 885 . 00 51 .000/0 $32511 . 35 � � Berm & Rear Lot Swale LS 1 $27400.00 $2 ,400 . 00 100. 00% $23400. 00 Cpv �C Final Dressing of R/W LF 2470 $ 1 . 20 $2,964 .00 100. 000/0 $2,964.00 $251204.00 49 .91 % $129580.35 ROADWAY/RIGHT-OF WAY 1 1 /2" Type S asphalt SY 3020 $ 5 . 65 $ 177063 . 00 100. 00% $ 172063 . 00 Prune SY 3020 $0. 45 $ 1 ,359 .00 100 . 00% $ 19359 .00 rl Bahia Sod (2 strips @ BOC) SF 22000 $0 . 18 $3 ,960 . 00 100. 00% $3,960 .00 Q& 6" Compacted Base SY 3020 $5 .00 $ 159100 . 00 100 .00% $ 15 , 100 . 00 8 " Stabilized Subgrade SY 3705 $ 1 .25 $4, 631 .25 100. 000/0 $49631 .25 24 " Mod. Miami curb LF 2470 $8 . 00 $ 19, 760. 00 100 . 00% $ 19,760. 00 Subtotal $61987315 100. 00% $619873.25 DRAINAGE Type C Inlet EA 1 $ 10100. 00 $ 11100.00 0 .00% $0 . 00 es ( Modified Miami Inlet EA 6 $ 1 , 600 . 00 $9,600.00 0.00% $0 .00 15 " ADS Pipe LF 154 $21 . 00 $32234 .00 0.00% $0 .00 *44,p " 18 " ADS Pipe LF 736 $31 . 00 $22,816 .00 . 4. 10% $935 .46 18 " ADS Perf. LF 80 $66 . 00 $ 5 ,280 .00 0.000/0 $0.00 Subtotal $421030.00 2 . 23 % $935.46 WATER 6 " PVC & Fittings LF 1208 $ 18 . 50 $222348 .00 100.00% $22,348. 00 OI 6" MJGV w/Conc Pad EA 1 $775 . 00 $775 .00 100. 00% $775 . 00 Fire Hydrant Assembly EA 2 $3 , 100 . 00 $62200 .00 100 . 00% $6,200 . 00 z0 g C� Sin le Service EA 14 $600 . 00 $8,400. 00 100 , 00% $ 8 ,400. 00 Double Service EA 17 $725 .00 $ 127325 . 00 100. 00% $ 127325 .00 Subtotal $509048.00 100 .00% $50,048.00 SEWER 8 " Sewer (0'4) LF 884 $ 19. 00 $ 16,796 .00 100. 00% $ 16,796. 00 8" Sewer (6'4") LF 273 $27 . 00 $7,371 .00 100. 00% $7, 371 . 00 6 �ti Manhole (0'4) EA 4 $25800 .00 $ 11 ,200 . 00 100.00% $ 11 ,200.00 Double Service EA 24 $650. 00 $ 15 ,600. 00 100 .00% $ 15 ,600.00 Connect to Exist Manhole EA 2 $350 . 00 $700. 00 100. 00% $700. 00 4/6 TV Camera Inspection LS 1 $ 1 , 700 .00 $ 17700 . 00 100. 00% $ 11700.00 Subtotal $539367.00 100 .00% $53,367.00 Received Time Apr . 12 . 10 : 54AM Apr 12 04 10 : 55a Indian River County 772 - 770 - 5095 p . 8 04 / 05 / 2004 13 : 22 FAX 772 770 9496 SBS ENGINEERS 1004 AUSCELLANEOUS Mobilization LS I $39500 . 00 $39500 . 00 30. 00% $ 12050.00 Strip Organics Off Roadway LS 1 $700 . 00 $700.00 0. 000/0 $0 .00 r Roadway Grading After Utilities LS I $ 1 , 800 , 00 $ 1 , 800.00 100.00% $ 1 , 800 . 00 Final Dressing BOC to ROW LS 1 $2, 800 . 00 $2 , 800 . 00 100.00% $2 , 800 . 00 Remove Temp-Turn Around EA 2 $ 100 . 00 $200.00 100.00% $200. 00 4_6 ,D Three Street Lights EA 3 $ 1 ,200. 00 $3 , 600 .00 100.000/0 $37600. 00 Regrade stormwater/sod slopes LS 1. $3,000 . 00 $3 ,000.00 100.00% $32000.00 Sod Back of Curb SF 7260 $0 . 18 $ 1 ,306 . 80 100 .00% $ 1 , 306 . 80 Subtotal $16,906.80 81 . 37% $ 139756.80 SURVEY Stakeout LS 1 $3 , 700. 00 $32700 .00 0 . 000/0 $0 .00 Monuments (Lots/PCP's) LS 1 $2,200 . 00 $2,200 . 00 100.00% $2,200. 00 p k As-builts LS 1 $ 11. ,000. 00 $ 119000 .00 50.00% $5 , 500 . 00 Subtotal $ 169900.00 45 . 56% $7,700.00 -(o -Df LANDSCAPINGAWMGATION 550' of Time B Buffer Canopy Trees EA 33 $ 110 .00 $3 , 630 . 00 1. 00.00% $3 ,630 . 00 Understory Trees EA 17 $ 74 . 00 $ 1 ,258.00 100.000/0 $ 1 ,258 .00 Shrubs EA 132 $ 18 . 00 $29376. 00 100.00% $29376. 00 Bahia Sod SF 11000 $0. 13 $ 1 ,430.00 100. 00% $ 11430 .00 770' of Tyne C Buffer Canopy Trees EA 27 $ 120.00 $37240 .00 100. 00% $3 ,240 . 00 Understory Trees EA 12 $72. 00 $864 .00 100 .000/0 $864. 00 Shrubs EA 108 $30 . 00 $3 ,240 .00 100. 00% $32240 . 00 V041- Bahia Sod SF 4800 $0. 13 $624. 00 100 . 00% $624 .00 Irrigation LS 1 $79077.28 $7,077 . 28 100. 00% $79077.28 , o Subtotal $239739.28 100. 00% $239739.28 ENGINEERING Inspections LS 1 $3 ,000 .00 $3 ,000 . 00 100. 00% $300 . 00 Certification LS 1 $ 1 ,000.00 $ 13000 .00 100 . 00% $ 1 ,000 .00 Subtotal $4,000.00 100. 00% $49000.00 zC4..fj4 TOTAL CONTRUCTION COSTS EARTHWORK & GRADING $25404.00 49.91 % $ 129580.35 ROADWAY/RIGHT-OF WAY 561 .873.25 100.00% $61 ,873.25 DRAINAGE $429030.00 2 .23 % $935.46 WATER $509048.00 100. 00% $50,048.00 SEWER $53,367.00 100 . 00% $53,367.00 MISCELLANEOUS $169906.80 81 . 37% $13,756.80 SURVEY $ 169900.00 45 . 56% $79700.00 LANDSCAPING/IRRIGATION $23,739.28 100 . 00% $239739.28 ENGINEERING $49000.00 100 .00% $49000.00 TOTAL $2940068.33 77 . 53% $2280000. 14 Received Time Apr . 12 . 10 : 54AM Hpr 1i� U4 10 : 55a Indian River County 772 - 770 - 5095 p , 9 04 / 05 / 2004 13 : 22 FAX 772 770 9496 SBS ENGINEERS 005 PLUS 15% $449,11-0.25 $34,200.02 GRAND TDTAL $3381,17858 $2629200. 16 y V o Y Date: 1-.-R o. 57,386 • �1 ti I Received Time Avr • 12 . 10 : 54AM