HomeMy WebLinkAbout2005-047 AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA L
AND
TARMAC AMERICA, LLC
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY")
and Tarmac America, LLC, the address of which is 455 Fairway Drive, Deerfield Beach, Florida 33441 ,
(hereinafter the "DEVELOPER") is effective upon execution by the second of the two parties .
WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TARMAC Gifford
Concrete Batch Plant, is providing water facilities to serve the subject property located southwest of the
intersection of the 53'd Street right of way and the Florida East Coast Railroad tracks, and more
specifically described in Exhibit "A"; and
WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 9046 , as
amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional
area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site
utilities,
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and
valuable consideration, the COUNTY and DEVELOPER agree as follows :
1 . OFF-SITE UTILITIES •
The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian
River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the
off-site utilities as outlined below:
A . Extension of an existing 12-inch Diameter Potable Water Main along the 53 `d Street riht-of-wafrom
the east side of Old Dixie Highw4y Highwayto the west propgM line of the arcel presently owned by Community
Asphalt Coro . ownership of which is to be transferred to Tarmac America LLC as part of a land swan
agreement .
The DEVELOPER shall furnish and install by means of j ack and bore 150± L.F. of 12-inch DIP water
main inside a 24-inch diameter steel casing pipe beneath the existing roadway and railroad tracks and
by means of open cut 690± L . F . of 12-inch PVC water main and appurtenances, including one fire
hydrant along the South side of 53 `d Street, connecting to the existing water main on Old Dixie
Highway approximately 880 feet east of the west property line of the project site .
The DEVELOPER requires an 8 -inch diameter water main for fire service purposes. The COUNTY ' S
Master Plan calls for a 12 -inch diameter water main to be installed at this location. The DEVELOPER
shall pay the cost for the water main installation, and the COUNTY shall reimburse the DEVELOPER
for the cost of increasing the size of the required water main from 8 -inch diameter to the 12 -inch
diameter size called for in the COUNTY ' S Master Plan. See exhibit C for sketch of project.
Reimbursement : Upon completion and acceptance by the COUNTY, the COUNTY shall reimburse
the DEVELOPER based on an itemized invoice of the installed material on a complete basis . The
COUNTY ' S reimbursement shall be in the form of a check from the COUNTY, and shall not exceed
the amount of $30,533 (see attached Exhibit-B) . The DEVELOPER shall pay the costs associated
with the installation of an 8 -inch water main extension (see attached Exhibit-B) . The DEVELOPER' S
fee for this portion is $ 101 . 096 .
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2 . Amendment :
This Agreement may be modified only by a written instrument executed by all parties to the Agreement.
3 . Assi ability'
Either party may assign this Agreement. However, the rights granted herein shall run with the land and are
not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under
this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee
not have the right to transfer these rights to another property unless this Agreement is amended riting
by the assignee and the COUNTY.
4 . Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement and any other
documents required or necessary to be executed pursuant to the provisions hereof are valid, binding
obligations and are enforceable in accordance with their terms.
5 . Bidding and Award :
The DEVELOPER shall use the County' s public competitive bid process for all off-site utilities to be
constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the
COUNTY in the public competitive bidding of the construction of off-site utilities described in this
Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with
sufficient information, including, without limitation, the nature of the project, where the plans may be
purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100 . 00) , the
proposed date of bid opening, and all other necessary and required competitive bid details to ensure
sufficient public notice of the construction of off-site utilities described in this Agreement to enable the
COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County
Purchasing Division shall conduct the public competitive bid process for the construction of off-site
utilities described in this Agreement to obtain bona fide bids from licensed and qualified utility
contractors, and such bids to be publicly opened and read aloud. The DEVELOPER shall cause the
DEVELOPER ' s consulting engineer to review the bids received by the Indian River County Purchasing
Division, and to make a written recommendation to the County' s Department of Utility Services for award
of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as determined by the
County. The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned
upon the approval of all project costs by the County' s Department of Utility Services . Bid proposals and
engineering costs related to the work described herein shall be subject to prior approval by County' s
Department of Utility Services . The DEVELOPER shall not commence work unless the County ' s
Department of Utility Services provides written approval of the final construction cost and the final project
cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY ' s sole discretion, project costs
significantly exceed those contained in Exhibit ` B . "
6 . Captions :
Captions, if included, in this Agreement are included for convenience only and are not to be considered in
any construction or interpretation of this Agreement or any of its provisions .
7 . Construction Plans, Technical Specifications and Contract Documents :
The DEVELOPER agrees to complete a final set of construction drawings and make submission for a
Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of
Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all permits
are approved and obtained.
8 . Definition
All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural , as the
identity of the party or parties may require.
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9 . DEVELOPER ' s Obligations :
The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement,
general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary
to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications
shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application. The DEVELOPER
shall be responsible for all costs associated with the design, permitting and construction of the offsite
facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and
associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the
COUNTY.
The design , permitting, construction, operation and maintenance of all on-site water and wastewater
utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water
meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER' s responsibility
and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review
and approval.
The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER ' s side of the
water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of
water by the DEVELOPER is prohibited.
The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the
property.
10 . Easements :
The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities
for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the
private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift
station, sewer, remote monitoring and related utility structures .
After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with
the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together
with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall
include any of the following documents as may be required by the COUNTY, in a form acceptable to the
COUNTY :
a) Bill of Sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14 . 0 or newer)
11 . Entire Agreement
This Agreement embodies the entire agreement between the parties relative to the subject matter hereof,
and there is no oral or written agreements between the parties, nor any representations made by either party
relative to the subject matter hereof, which are not expressly set forth herein.
12 . Governing Law & Jurisdiction :
This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in
Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for
the Southern District of Florida. All of the parties to this Agreement have participated freely in the
negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
against any one of the parties hereto .
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13 . Insurance and Indemnification :
The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk
manager in an amount not less than $3 ,000 ,000 combined single limit for bodily injury and property
damage in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall
ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than
$ 3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance
with the COUNTY ' s Administrative Policy Manual. The commercial general liability and auto liability
insurance policies shall name INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the
commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
certificate of worker ' s compensation insurance with a limit of $ 100,000 for each accident, $ 500, 000
disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY ' s
Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days '
written notice by registered mail, return receipt requested, addressed to the COUNTY ' s risk manager, prior
to cancellation or modification of any required insurance .
The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers,
employees and agents, from and against any and all claims for damages, costs, third party claims,
judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or
employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims
and any judgments that may be entered in connection therewith, including attorney fees . DEVELOPER
shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately
owned, may sustain or receive in connection with any work contemplated by this agreement.
DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for
damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or
maintenance of any public improvement, or utility, whether presently in place or which may in the future
be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or
storm sewer facilities , and whether such damage is due to flooding, infiltration, backflow, and/or seepage
caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or
nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition
of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever
that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits,
claims, and causes of action brought against the COUNTY arising out of or in connection with any work
contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments , including
attorney fees, that may be rendered against the COUNTY or against the COUNTY ' s officers, employees or
agents in connection therewith.
14. Maintenance Bond:
The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements
to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval,
issued by a reputable surety company authorized to do business in the State of Florida, for a period of one
year after the COUNTY's acceptance of the improvements. The value of the Maintenance Bond shall be
25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion,
the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200
miles of Vero Beach, Florida, in lieu of a surety bond .
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15 . Multiple Counterparts :
This Agreement may be executed in a number of identical counterparts which, taken together, shall
constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary
to produce or account for more than one such counterpart executed by the party to be charged.
16 . Permits :
The DEVELOPER shall be responsible for obtaining all construction and operating permits required for
the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
subject property. If, through no fault of the parties involved, any federal, state or local government or
agency (excluding the COUNTY) fails to issue necessary permits, or fails to grt necessary
requires a material change in the system, then to the extent necessary and if possible, the partiesrovalsagree to
negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines
that it is impossible or impracticable to perform under the terms of this Agreement because of the above,
then this Agreement shall terminate and the parties shall have no further obligations to each other.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations
and maintenance including but not limited to all FDEP regulations relating to bacteriological and
hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment.
17 . Recording of Agreement :
This Agreement may be recorded in the official records of Indian River County by the COUNTY. If
recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent
owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost.
18 . Severability / Invalid Provision :
If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future
laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by
such illegal, invalid, or unenforceable provision or by its severance from this Agreement.
19. Term:
The term of this Agreement is five (5) years . Unless otherwise agreed to by the parties in writing, this
Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this
Agreement shall be coterminous with FDEP Permit for construction and with the County ' s Utility
Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years
from the date of issuance. The County may terminate this Agreement early in its sole discretion if it
determines that the development project intended to be served by the improvements is suspended or
discontinued.
20 . Time of Essence :
Time is of the essence of this Agreement; however, if the final date of any period which is set out in any
provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of
Florida, then, in such event, the time of such period shall be extended to the next day which is not a
Saturday, Sunday or legal holiday.
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IN WITNESS WHEREOF, The COUNTY and the DEVELOPER have accepted, made and
executed this Agreement as follows :
ess DE E
Title : yey
Witness /
Date : � irD vi
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of Sate 2004, by
a+' � . . 6hnSan , who is personally known to me, or who has produced
as identification.
Name : /&/ r&
Commission # : �' p ` 9a,
Expiration Date : 19 D Notary Public
BOARD OF COUNTY COMMISSIONERS ��''" '`' Claire K Peterson
INDIAN RIVER COUNTY, FLORIDA ' My Commission D0019278
a Expires April til, 2005
� � �
CHAIRMA 8 ... L .►rther Approved by:
BCC APP
' ,; seph A Baird, County Administrator
Attest:`
Ircuit :Court Date :
pproved as to Form &L 1 Sufficiency:
By:
Deputy Clerk PATRICIA M . RID LY 4. Assistant
arian E. Fell
County Attorney
Date :
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EXHIBIT.A
PARCEL LEGAL DESCRIPTION
A PARCEL OF LAND 664 . 38 FEET IN WIDTH LYING IMMEDIATELY WEST OF, AND
ADJACENT TO, THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND BEING IN
THE NORTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF SECTION 22, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
FROM THE NORTHEAST CORNER OF SAID SECTION 22, RUN NORTH 89044153 " WEST ON
THE NORTH LINE OF SAID SECTION 22 A DISTANCE OF 233 . 01 FEET TO THE WEST
RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE POINT OF
BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE NORTH 89°44'53 " WEST ON
THE SAID NORTH LINE OF SECTION 22 A DISTANCE OF 689.46 FEET; THENCE WITH AN
INTERIOR ANGLE OF 74030'08 " RUN SOUTH 15014'45 " WEST ON A LINE LYING
PARALLEL TO AND 664 . 38 FEET WESTERLY (AS MEASURED AT RIGHT ANGLE
THERETO) THE WEST RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, A
DISTANCE OF 598 . 81 FEET; THENCE WITH AN INTERIOR ANGLE OF 90000' 19 " RUN
NORTH 74045 '35 " EAST A DISTANCE OF 664 . 35 FEET TO A POINT OF INTERSECTION
WITH THE AFOREMENTIONED WEST RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILROAD ; THENCE RUN NORTH 15014 '25 " WEST ALONG SAID WEST RIGHT-OF-WAY,
A DISTANCE OF 414 . 65 FEET TO THE POINT OF BEGINNING,
SUBJECT TO , AND TOGETHER WITH, EASEMENTS , RESERVATIONS AND
RESTRICTIONS OF RECORD ,
SAID PROPERTY LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
CONTAINING 7 . 73 ACRES , MORE OR LESS .
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EXHIBIT-B
ESTIMATED COST OF IMPROVEMENTS FOR 124NCH WATER MAIN
Item Description Estimated Unit of
Unit Price Total Price
Quantity Measure
1 Mobilization 1 L. S . $ 7,500
2 Temporary Jumper Assy, $ 7, 500
1 Ea. $ 19200 $ 1 ,200
3 Tem orary Bact. Sampling Point Ass . 2 Ea. $ 500
4 Relocate 12 " Blow-Off Ass $ 1 , 000
1 Ea. $2,000 $2 ,000
5 F&I 12 " Dia. Restrained Joint DIP 150 L . F . $ 54
6 F&I 24" Dia Steel CasingPie $ 8 , 100
150 L.F. $ 192 $28 , 800
7 F&I JackingPit & Ins ection Pit 1 L. S . $ 129000
8 F&I Casing2 Ea $500 $ 1000
Pipe Vent Assy. $ 12 , 000
9 Brick and Mortar Sealing of 24" Casing
Pipe — Both Ends I L • S $400 $400
10 12 " Dia. MJ Tee 1 Ea. $ 1 ,025
11 12 " MJ Gate Valves $ 1 , 025
4 Ea, $ 1 , 700 $6 , 800
12 12 " Dia. MJ 45 ° Bend 1 Ea. $535
13 12 " Dia. MJ 22 %° Bend $ 535
1 Ea. $550 $ 535
14 12 " Dia. MJ 11 %4° Bend 1 Ea. $ 550
15 12 " x 8 " M. J. ReducingTee $ 535
1 Ea. $ 850 $ 850
16 8 " Dia. M. J. Gate Valve 1 Ea. $ 900 $ 900
17 12 " Blow-Off Assy. 1 Ea . $ 19000 $ 1 ,000
18 F&I Fire Hydrant Assy. w/ 12 " x 6 " Tee
& Gate Valve 1 Ea. $ 3 , 000 $ 3 , 000
19 F&I 12 " Dia C900 DR 18 PVC Water
Main 690 L.F . $22 $ 15 , 180
20 F&I Silt Fence 1 ,450 L. F. $2 $2 , 900
21 Sod & Surface Restoration 1 , 500 S .Y. $2 . 00 $ 35000
22 Remove & Re lace As halt Pavement 30 S . Y. $ 90 $2, 700
23 Remove and Replace 18 " CAP &
Mitered End Section 1 L. S . $ 600 $ 600
24 Construction Layout and "As-Built"
Surve 'n I L. S . $2 , 000 $25000
Subtotal $ 103 , 560
Contin enc 10% $ 105356
Survey $ 3 , 000
Desi 5 % $ 53178
Permitting 10/- + Fees $29286
Biddin & Award @ 2% $25071
Construction Services @ 3 % $35107
Administration 2% $25071
Total Im rovement Cost $ 131 , 629
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EXHIBIT-B
Continued
ESTIMATED COST OF IMPROVEMENTS FOR 84NCH WATER MAIN
Item Description Estimated Unit of
Unit Price Total Price
1 Mobilization uanti Measure
1 L . S .
2 Temporary Jumper Ass . $ 79500 $ 79500
3 Tem ora Bact1 Ea. $ 1 ,200 $ 1 , 200
. Sam lin Point Ass . 2 Ea. $ 500
4 Relocate 12 " Blow-Off Ass $ 1 ,000
1 Ea. $2 , 000 $29000
5 F&I 8 " Dia. Restrained Joint DIP 150 L. F .
6 F&I 16 " Dia Steel casingPie $26 00
150 L.F. $ 128 $ 19,2l %200
7 F&I Jacking Pit & Inspection Pit 1 L. S . $ 129000
8 F&I CasingPipe Vent Assy. $ 12 ,000
2 Ea $ 500 $ 1000
9 Brick and Mortar Sealing of 16 " Casing
Pipe — Both Ends 1 L. S $ 300 $300
10 8 " Dia, MJ Tee 2 Ea. $463
11 8 " MJ Gate Valves $ 926
5 Ea. $ 900 $4 , 500
12 8 " Dia. MJ 45 ° Bend 1 Ea. $275
13 8 " Dia. MJ 22 %° Bend $275
1 Ea, $275 $275
14 8 " Dia. MJ 11 '/4° Bend 1 Ea. $275
15 8 " Blow-Off Ass . $275
1 Ea. $900 $ 900
16 F&I Fire Hydrant Assy. w/ 8 " x 6 " Tee
& Gate Valve 1 Ea. $23625 $29625
17 F&I 8 " Dia C900 DR 18 PVC Water
Main 690 L.F. $ 14 $ 9, 660
18 F&I Silt Fence 1 ,450 L .F . $2
19 Sod & Surface Restoration $2 , 900
1 ,500 S . Y. $2 . 00 $ 33000
20 Remove & Replace Asphalt Pavement 30 S .Y. $90
Remove and Replace 18 " CAP & $2 , 700
21 Mitered End Section 1 L. S . $ 600
$ 600
22 Construction Layout and "As-Built"
Surve) ng I L. S . $2 , 000 $2 , 000
Subtotal $ 78 , 736
Contingency 10% $ 7 , 874
Surve $3 ,000
Desi 5 % $ 39937
Permitting 1 % + Fees $2 , 037
Bidding & Award 2 % $ 1 , 575
Construction Services 3 % $2 , 362
Administration 2 % $ 1 , 575
Total 8 " Improvement Cost $ 101 ,096
Total 12 " Improvement Cost $ 1315629
County Share $309533
Estimated Developer ' s Share $ 1013096
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• ' IGUNSULTING1LAND SURVEYORS POTABLE WATER MAIN EXTENSI
DEERFIELD SEACHs FLORIDA 33441 0 : 21ST STREET a —4191 TEL EXHIBIT " C "
Mac MO BEACH. FLORMA32900-3472 PROJECT