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HomeMy WebLinkAbout2003-185A. CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO . SD -98 =06 -06 -CFCSIDE (98010101 =34528 ) THIS CONTRACT, made and entered into this a S' day of Jit- 2003 , by and between TRADE WIND COAST DEVEL PMENT, 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 , Developer is commencing proceedings to effect development of land within Indian River County, Florida ; and WHEREAS , a Final Plat for the development within the unincorporated area of Indian River County shall not be approved 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 of the Final Plat for High Hawk of Vero Beach Phase 1 ; and WHEREAS , the required sidewalk improvements are to be installed after Final Plat approval , 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 by Oc� ©� , a date being within two years of approval of Final Plat , in algoodand workmanlike manner, those improvements described as follows : SEE EXHIBIT "A" or otherwise required by the Code of Laws and Ordinances of Indian River County in connection with the approved Preliminary Plat and Land Development Permit, which are incorporated by reference into this contract . 2 . Developer agrees to construct said improvements strictly in accordance with County policies for sidewalk construction as those policies relate to location , method and type of construction , and all County development regulations and standards , including conditions 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 an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1 , provided by a banking institution authorized to transact such business in this state , in a form to bea proved b the County, naming Developer as customer and �iY�1,fJ.� , �d%-�e 1��7 �.cp ,� the underwriting bank, in the amount of $40 , 282 .20 , which amount is not less sthan one hundred fifteen percent ( 115 % ) of the estimated total cost of improvements remaining to be constructed , as determined in accordance with the County's Subdivision and Platting Ordinance . It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction without an express written modification thereof executed by all parties . 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 , 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 sidewalk improvements , including all those improvements to be constructed on existing publicly dedicated or County owned property. 5 . The County agrees to approve the Final Plat, upon a finding as to compliance with all applicable provisions of the County's Development Regulations and Ordinances and upon execution hereof. However, nothing herein shall be construed as creating an obligations upon the County to perform any act or construction or maintenance until such time as the required improvements are satisfactorily completed . Satisfactory completion in accordance with the land development permit, ordinance requirements of Indian River County shall be determinedn onsby 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 . 2 / 1 6 . The County agrees to issue building permits and Certificates of Occupancy prior to the installation of required sidewalk improvements so long as Developer is not in default of the terms of this Contract. 7 . In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County, Florida , the Developer, as principal , and the letter of credit 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 all provisions of this contract and applicable ordinances of the County. In no event, however, 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 reductions thereto . 8 . 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 letter of credit for the final total cost of the improvements . . Developer shall remain wholly liable for any resulting deficiency, should the letter of credit 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, or the letter of credit to construct the required improvements . 9 . Any letter of credit 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 . 10 . 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 r IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written . TRADE WIND COAST DEVELOPMENT, L. L. C. DEVELOPER By: - - name : title : Manag r/ ember INDIAN ER COU N FLORIDA By 2- nneth R . Macht, Chairman Board of County Commissioners COUNTY A ST: Jeffrey K. rton , Clerk scc approved : 08 / 05 /2003 Deputy Clerk (seal ) APPROVED AS TO FO M AND LEGAL S �C..-�N illiam G . Collins II County Attomey 4 4 HIGH HAWK OF VERO BEACH COST ESTIMATE TO COMPLETE THE CONSTRUCTION AS OF 6 -24-03 �OTAC f _ f ^tIN 50 S d at back of curb $ 11062 . 00 7 linterval sidewalks $ 33 , 966 . 00 SUBTOTAL $ -53-69 ,�j5r O a► $ , ( 15 % Contingency $ -- ^J2V8-4- 5, A5 J4 . � � SUBTOTAL $ Engineering Costs (Const. Admin . ) $Surveying Costs Costs (Final Plat) $ =-, 25 TOTAL No, aga . ao f CERTIFICATE OF COST ESTIMATE: I , RANDY L . MOSBY, P. E . , A FLORIDA REGISTERED ENGINEER, LICENSE NUMBER 22326 , DO HEREBY CERTIFY TO INDIAN RIVER COUNTY THAT A COST ESIMATE HAS BEEN PREPARED UNDER MY RESPONSIBLE DIRECTION FOR THOSE IMPROVEMENTS ITEMIZED IN THIS EXHIBIT AND THAT THE TOTAL COST ESTIMATE FOR SAID . IMPROVEMENTS IS $ 65 . 681 . 45 . THIS ESTIMATE HAS BEEN PREPARED , IN PART, TO INDUCE APPROVAL BY THE COUNTY OF A FINAL PLAT FOR THE HIGH HAWK OF VERO SUBDIVISION , AND FOR THE PURPOSE OF ESTABLISHING PROPER SURETYit . OUNTS ASSOCIATE THEREWITH . F , RANQVIMOSBY, P . E . #22326 EXHIBIT A ." 7/17/2003 Engineer's Project Number: 01 -338A Page 1 - • - - � — • — aTVTVTI V �-HUt ra a 1 ar NURSERY AND W* x� WhWeAMM L A N D 'Si G A P E 772.460- 1539 Office • 7724644696 FAX • 772-216-8853 Mobs{e Office Address: 452 B Granada St • Ft. pierce, FL 34949 • Nursery Address: 4200 Johnston Rd. • Ft. Pierce, FL 34951 Landscape Estimate fore 1 / 9 / 03 High Hawk c / o : Fieldstone Properties attn : Richard Marcello 2505 Boston Neck Rd Saunderstown , RI 02874 tel : 401 - 295 - 0300 mob : 772 - 321 - 3660 Qty Description $ each $ total 385 Wax Myrtle S6 " 3 gal . . . , . . . . . . . 8 . 50 3272 . 50 30 CY Gold Mulch . . . . . . . . . . . . . . . . . . 30 . 00 900 . 00 1000 ► Low volume irrigation for shrubs only no for sod . Water source and connection to water source not included ( wC579 ) . . . . . . . 107 - . 5 5245 . 00 sf TBD Bahia Sod per sqaure foot price over 10 , 000 sf per mobilization . 145 / st ( no warantee on sod no irrigated ) NOTE : Please let me know if my Irrigation or Sod sub - contractors are priced out of line . Because if m prices are good I will speak to " getting Y plant line , ° as I db not wish to loose worksdueoto my subs , in CONDITIONS ( bid acceptance includes conditions ) : * Deposit requested to secure plants . Deposit , contract or Signed letter of bid acceptance and Notice of Co�oamaeneement on new construction sent to GRN&L prior to scheduling or plant, procurement . Notice to Owner may be sent on any job , * Signed changes orders prior to addi Prices tional work or changes . include taxes & owner/ contractor provided + / - 211 site ready grade ( additional labor 25 . day hour ) and 90 day warrantee iaaaediately after installation . * WtRRNT88 VOID IF ANY OP TIM FOLLOWING NOT ADHERED TO : X ) a professionally installed 100 % coverage and 100 % daily operational automatic irrigation system is operating with permanent electrical hook - up , prior toplanting , with bubblers to large trees ( especially B&H Palms ) , and no one turns off or adjusts and it is operated properly . ,Aad a � . au, . VVJ iJ . Jt JVIYVY:JY10 rr-�R�uu rr� n� hose bib is on and operational on site within 200 , of plants 6o they may be properly watered in . 2 ) 100 % of the payment is received within agreed upon date or completion , 3 ) care packet guidelines are followed , as well as , the following water schedule : EVRRYDAY FOR Z WEEKS , AVERY OTRER DAY FOR Z WZEKg , 3 TIMES pXR WEEK FOR THE NEXT MONTH , AND AS NEEDED AFTER THAT . (An inexpensive water mOisture meter is available from Home Depot type stores for about $ 4 . 00 and will help tell you when to water ) . 4 ) notification of dying plants are received BRFORE plants are beyond repair . 5 ) no warrantee for heavy clay or marl, e spil unless we can Punch through hardpan and backfill with parlite with these labor and materials Its an extra . 6 ) no warrantee if vandalism effects plants or irrigation . * All claims of any deficiencies of quantities , sizes , mulch , workmanship , etc . . , must be made within 5 days of job completion ; as rain , wind , erosion , pests , pets , wild animals , poor maintenance practices , etc , 6 ickl the landscape . Also any claims of initially damagedim oract infected Plante must be made within 5 days of job completion , as pests , disease , fungus , etc . . , can be on , or be introduced to , the site , and can began effecting the new plants immediately . * Lime , Coquina , paint , poisons , cleaners , etc . . left in beds can kill plants and voids warrantee for those beds . * Picking up after others , including , but not limited to : mortar , sand , concrete , rocks , roots . and branches , metal , wood , and any other garbage or debris , is an extra . * If directed to , herbiciding weeds and grass does not guarantee complete weed and grass control and is an extra . * Service charge of 18 $ annually if late pay , * Installation commences after final grade and irrigation is in and 1001 operational for warrantee to be honored . * Drainage problems ( including grading and percolation ) or Act of God damage including high wind ( 50 + mph ) , lightning , freeze , excessive rain , drought etc . . , as well as any negligence by others besides GRN&L , is not covered . * I install per plans and spec e . The zoning acceptability of plans and/ or of any other changes other than plans and spec s , or any changes to the bid , are the responsibility of the owner/general contractor . * Sod is billed by what is laid down . Sod, estimates are good for 60 days . We will not go over estimate without approval . During droughts , soil must be saturated for two days prior to sod being laid to warrantee sod . OF / lb/ Lnb� 13 : 3F bb14b4541b MHKI&.LLU rwta� ria e' * When GRN&L completes the job , general maintenance is no longer GRN&L ' s responsibility , unless otherwise agreed . Owner is to accept or reject the landscaping within 5 working days of GRNL + s substantial final invoice , which is our Written notification of fob completion . * If any contentions , County Extension Agent will mediate . * GRN6cj, is not responsible for theft of anything after it has been installed . * Not included unless otherwise agreed : percolation testing , fertilizer of plants or sod , sod pegging or rolling , any removal or disposal , field staking , tree protection barriers , maintenance , berms , mowing , soil amendments , soils , etc . . Thank you for the opportunity to estimate your landscape needs for this project . Please call me and let me know your thoughts . Respectfully submitted ; Gary Pberts ( signature ac epting proposal and conditions 01/21 MY t a of Bator Deposit received in the amount of $ U O