HomeMy WebLinkAbout2007-017 ' 67
2OV7 oil
Attachment 1
Work Order No . 3 with Schulke , Bittle &
Stoddard , L . L . C .
WORK ORDLR NUMBER 3
This Work Order Number 3 is entered into as of this 16thd of January 200 7
("Effective Date') pursuant to that certain Continuing Contract Agreement for Professional Services
entered into as of April G, 2004 ("Agreement") , by and between Indian River County, a political
subdivision of the State of Florida ("COUNTY") and Schulke. Bittle and Stoddard. L.L.C.
("CONSULTANT") .
The COUNTY has selected the CONSULTANT to perform the professional services set forth
in Attachment 1 (Scope of W!2 , attached to this Work Order and made part hereof by this
reference. The professional services will be perfomned by the CONSULTANT for the fee schedule set
forth in Attachment 2 (Fee Schedulel, attached to this Work Order and made a part hereof by this
reference. The CONSULTANT will perform the professional services within the timeframe more
particularly set forth in Attachment 3 (Time Schedule), attached to this Work Order and made a part
hereof by this reference all in accordance with the terms and provisions set forth in the Agreement.
Pursuant to paragraph 1 .4 of the Agreement, nothing contained in any Work Order shall conflict with
the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in
each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date
first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Schulke Bittle and Stoddard, L L C OF INDIANR;VER COUNTY
t,
By; _ B tirA� 6t
GScro uv+ eF GaryCFteeler, Chairman
r lI
Title: NAGiI N C� AA � _ ,
BCZ ��ip ved'Da`te: January 16 , 2007
Date: 1211 LO(,
Attest: J. K. Barton, Clerk of Court
By:
Deputy Clerk
Approved:
By:
seph A. aird, County Admitustrator
Approve as to form and le cteytcy:
By: . //�/
arian E. Fell, Assistant Coifnty Attorney
Attachment 1
(Scope of Work)
Scope of Services
Schulke, Bittle & Stoddard, L.L.C. will provide services including surveying, engineering
design, preparation of Construction Plans, preparation and submittal of permit
applications, construction administration and periodic construction field inspection for
the proposed project that will provide for the construction of approximately 4, 132 linear
feet of master planned 6" P.V .C . Sanitary Sewer Force Main and associated
appurtenances to be located on 650 St. , from Old Dixie Hwy, west to Lateral ` G ' Canal
(See Exhibit "A" for location and Exhibit `B" for cost tabulation).
The estimated construction cost of this project is $256,615.40
In order to execute this project in the most cost effective manner with the most aggressive
schedule, Schulke, Bittle & Stoddard, L.L.C. is using the following sub-consultants :
• Houston, Schulke, Bittle & Stoddard, Inc . for the route survey.
• KSM Engineering & Testing, Inc. for soil boring and testing information.
Attachment 1
Work Order No. 3 with Schulke, Bittle & Stoddard, L.L.C .
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EXHIBIT 'A ' 65TH STREET FORCEMAIN CIV)L & STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PfRml7T/NG
1 OF 4 CERTIFICA➢ON OF AUTHOR12ATION NO 00008668
1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960
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EXHIBIT 'A ' 65TH STREET FORCEMAIN f CML & STRUCTURAL ENCICERTIFICNEERINNGION OF qu�D PLaNw oowRoNMENTAL mailrONG
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SCHULKE , BITTLE & STODDARD L . L . C .
EXHIBIT 'A ' 65TH STREET FORCEMAIN CIVIL R STRUCIURA� ENGINEERING (AND PLON/NC ENVIRONMENTA( PERMI77/NC
. RT�FICAT ON of AOTHORIMON NO.: 00006668
3 OF 4
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TEL 772 / 770-96: 2 FAX 772 / 770-9496 EMAIL info@sbsengineers.wm
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' A ' 65TH STREET FORCEMAIN CLV1L & STROCTURAL ENGINEERING LAND PLANNING EN IRDNMENTAL PERMITTING
CERTIRCATION OF AUTHORIZATION NO.: 00008668
4 OF 4 1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH, FLORIDA 32960
TEL 772 1 770-9622 FAX 772 1770-9496 EMAIL info@sbsengin"m.wm
EXHIBIT "B"
ESTIMATED COST OF IMPROVEMENTS
FORCE MAIN
IN 65TH STREET FROM OLD DIXIE TO WEST PROPERTY LINE
4/ 10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT 1 LS $ 2 , 500 .00 $2 , 500 . 00
2 Mobilization 1 LS $ 5,000 .00 $5,000 .00
3 16 X 6 Tap Sleeve & Valve 1 EA $ 49500 .00 $4 , 500 .00
4 Restore Pavement & Sod 1 LS $ 12000 .00 $ 1 ,000.00
5 14" Jack & Bore w/ 6" FM 108 LF $ 350 .00 $37 ,800.00
6 6" Gate Valve 4 EA $ 750 .00 $3 ,000.00
7 6" PVC Force Main 2689 LF $ 25.00 $67 ,225.00
8 6" HDPE Directional Bore 120 LF $ 150 .00 $ 18,000.00
9 4" Gate Valve 3 EA $ 500 .00 $ 1 ,500.00
10 6 X 4 Tee 3 EA $ 700 .00 $2 , 100.00
11 4" Plug 2 EA $ 200 .00 $400.00
12 6" Plug 1 EA $ 300 .00 $300 .00
13 Sod Right of Way 2689 LF $ 3 . 50 $9,411 . 50
14 Testing 1 LS $ 3 ,000 .00 $3,000 .00
Total $ 155,736 .50
Contin enc 10% $15, 573 .65
Survey $3, 500 .00
Design $ 10,000 .00
Permitting $5,000 .00
Bidding & Award $2 ,000 .00
Services during constuction $5,000 .00
Administration $ 1 , 500 .00
Total $ 198,310 . 15
IN 65TH STREET FROM WEST PROPERTY LINE TO LATERAL G CANAL
4/10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT 1 LS $ 1 , 500 .00 $ 19500.00
2 Mobilization 1 LS $ 3 ,000 .00 $3,000.00
3 6" PVC Force Main 1215 EA $ 25 .00 $30,375 .00
4 6" Gate Valve 1 LS $ 750 .00 $750 .00
5 16 X 4 Tee 1 LF $ 700 .00 $700 .00
6 4" Gate Valve 1 LF $ 500 . 00 $500 .00
7 6" 45 Bends 2 LF $ 500 .00 $ 17000 .00
8 4" Plug 1 EA $ 200 .00 $200 .00
9 Sod Right of Way 1215 LF $ 3 .50 $4,252 .50
10 Testing 1 LS $ 1 ,000 . 00 $ 12000.00
Total $43 ,277 . 50
Contingent @10% $42327 .75
Survey $1 ,200.00
Design $5,000 .00
Permitting $ 1 ,000 .00
Bidding & Award $ 1 ,000 .00
Services during constuction $2 ,000 .00
Administration $500 .00
Total $58 ,305 .25
County Share $58 ,305 . 25
Total Cost of Force Main :
$ 198 , 310 . 15 + $58 ,305 .25 = $256 ,615.40
Attachment 2
(Fee Schedule)
Method and Amount of Compensation
Schulke, Bittle & Stoddard, L.L .C . , proposes to provide the Scope of Work based on the
following lump sum fees :
Task 1 . Surveying and preparation of Base Plans $3 , 175 .00
(Note : Surveying will include establishment
of a corridor for the proposed pipeline and plan
and profile of the corridor.)
Task 2. Engineering design, preparation of Construction $75945 . 00
Plans, Geotechnical report
(soil borings- 1 / 750 ft + along route),
preparation and submittal of Permitting
Applications, and preparation of Specifications
and Bid Documents utilizing Standard IRC Bid
Documents . Forms, Documents and Drawings
will be in electronic Format MS Word.
Task 3 . Assistance during Bidding, Bid Evaluations, $ 14 ,320.00
Contract Award and Construction Administration
and Periodic Administration and Periodic
Construction/Field inspections .
Printing and Reproduction
The County shall make direct payment to our office for the cost of printing project plan
sheets required for utility coordination and for copies of reports, drawings, specifications,
bidding and construction contract documents, and other pertinent items required by
federal, state and local agencies from whom approval of the project must be obtained,
prospective bidders, material suppliers, and other interested parties, but may charge only
for the actual cost of providing such copies based on the following tabulation :
8 1/2 " x 11 " $ 0.25/sheet Blue line prints $ 0 .333/SF
I I ° x 17" $ 0. 50/sheet Reproducible sepias $ 0 . 75/SF
31 /2 " diskette $ 2 .00/each Reproducible mylars $ 1 .00/SF
CD $ 4.00/each
Application Fees
The county shall make direct payment to our office for the actual cost of all construction
permit application fees paid to jurisdictional agencies, including but not limited to :
F .D. E .P., I.R. C. Engineering (Right-of-Way), I.R.F .W.C.D ., F .D . O.T.
Attachment 2
Work Order No. 3 with Schulke, Bittle & Stoddard, L.L.C.
Attachment 3
(Time Schedule)
Time of Performance
The estimated time frame for completion of services from the approval of this Work
Order is as follows :
1 . Surveying, Engineering Design & Preparation of I Month
Construction Plans, specifications and Bid Documents
2 . Submittal of Permit Applications and Receipt of permits I Month
3 . Bidding, Contract Award & Project Construction 3 Yz Months
Attachment 3
Work Order No.3 with Schulke, Bittle & Stoddard, L.L.C.
Attachment 2
Revised Developer' s Agreement for High
Pointe Subdivision
AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
AMERITREND HOMES, INC.
FOR
HIGH POINTE SUBDIVISION
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 HIGHPOINTE, L.L. C . , a Florida Limited Liability Company, the address of which is 1910 82nd Ave.
Suite 202, Vero Beach, FL 32966 (hereinafter the DEVELOPER) is effective upon execution by the second of
the two parties.
WHEREAS, the DEVELOPER, in conjunction with the construction improvements at HIGH POINTE
SUBDIVISION, is providing water and wastewater facilities to the subject property located at 3745 65TH
STREET, and more specifically described in Exhibit "A" pages I and 2 ; and
WHEREAS, pursuant to Section 918 .05 , The Code of Indian River County (Ordinance 90-16, as
amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the
regional water main and force main, and the COUNTY, pursuant to Section 201 . 11 , of the Code, agrees to
reimburse the DEVELOPER, as provided herein, for the cost of providing off-site Master Planned Water Main
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 installing Master
Planned off-site utilities as outlined below:
A. 12-inch Diameter Master Planned Water Main west along north side 65 `h Street from the north east
comer of 65`h Street and Old Dixie Highway to the existing water main located approximately 400 linear feet
west of the Lateral G canal for a distance of approximately of 5238 linear feet.
The DEVELOPER shall furnish and install approximately 5130 linear feet of PVC and PE 12-inch and
approximately 108 linear feet of jack and bore Master Planned Water Main pipe and appurtenance along the
north side of 65" Street from the north east comer of 65 "' Street and Old Dixie Highway to approximately 400
feet west of the Lateral G Canal where it connects to an existing water main. See Exhibit 'C' for location / sketch.
The DEVELOPER shall pay line extension fees in the amount of $ 11 .25 per foot of property frontage of the
proposed water main. There are 602 + 40 + 190 = 832 linear feet of frontage on 65'" Street. DEVELOPER' S
fee for this portion is tabulated below:
Frontage Total Frontage Cost per Front Footage ($/ ft.) Developer Cost
602 + 40 + 190 LF 832 LF $ 11 .25 $9,360.00
Reimbursement: The County shall provide 100% reimbursement to the DEVELOPER less line extension fees
of $9,360.00 for this water main based on an itemized invoice of installed materials at the time the above
referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of a
check from the COUNTY and shall not exceed the amount of $383,040.50 (see attached Exhibit "B"). The
COUNTY'S obligation to make reimbursement to DEVELOPER shall expire five (5) years from the date of
this Agreement.
2 . Amendment:
This Agreement may be modified only by a written instrument executed by all parties to the Agreement.
3 . Assignability:
Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not
the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this
Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have
the right to transfer these rights to another property unless this Agreement is amended in writing by the
assignee and the COUNTY.
4. Authority:
Each party hereto represents and warrants to the other that the execution of this Agreement and any other
documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations
and are enforceable in accordance with their terms.
5 . Biddine and Award:
The DEVELOPER shall use the County's public competitive bid process for all off-site utilities to be
constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the
COUNTY in the public competitive bidding of the construction of off-site utilities described in this
Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with
sufficient information, including, without limitation, the nature of the project, where the plans may be
purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 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. DEVELOPER' S consulting engineer shall be selected from a list of firms pre-qualified and under
continuing contract with the COUNTY for water and wastewater services (RFQ #6037) AKA (UCP CDS/CCS
2019). 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
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C.000U WS AND SET GSYAME R"CUMEMSI0.IRWREVISpIDFIM1]tWE0.SAGREEMMEti'f-ATfACIC.Q]vR3110.14G6PEV15[UDF.VFIUP4RSA4RF}MtM-AI-IRCHMENT2DOC
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.
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 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 are on or solely serving 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 ofthe potable water on the DEVELOPER's side ofthe 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 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
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CATTACIA N72 DOC
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0 or higher)
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.
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
-Page 4 -
CiP UMFMS AtN SEITINGYUAM66YdY DOCUMENT3110.19-0GQEVL46llOEVFLOPHHSA[1NPt'A4NLATfACFPffiNP➢1619ASQEVI DEV PESACRE0AE ATACH WU OC
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 Security:
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to
Indian River County, Florida, and provide security as set forth herein, subject to the COUNTY'S approval, for
a period of one ( 1 ) year after the COUNTY' S acceptance of the improvements, plus an additional three (3)
months, for an aggregate of fifteen ( 15) months. The maintenance security may only be in one ofthe following
forms: (a) cash, whereupon the COUNTY and the Developer shall enter into the COUNTY' S standard Cash
Escrow Deposit Agreement; or (b) Letter of Credit, in the County's standard form, drawn and payable by a
financial institution located within Florida. The value of the maintenance security shall be twenty-five percent
(25%) of the total construction value of the utility improvements as certified by the Developer's licensed
engineer and approved in writing by the County.
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 grant necessary approvals, or requires a
material change in the system, then to the extent necessary and if possible, the parties agree 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 conceming 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. Ifrecorded,
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
-Page 5 -
C\CCCUAffMS ATID SEITQiGSJAM6UAY DOLIRAEMS10.19M1iF VISEppE VFIAPFRSA(iR@.ffNl'-ATfACFA1QIR\I0. 9�REVLS®BEV dOPFR3AfdtFS]NFMAITACHA9'NTtI%M
12 / 19 / 2006 17 : 16 TEL 7727709496 SCHULKE BTTTLE &STODDARD 9 002
issuance. The County may terminate this Agreement early in its sole discretion if it determines that the
development intended to be serves 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 ssh event, the time of such period shall be extended to the next day which is not a
Saturday, Sunday cr legal holiday.
Remainder of Page Intentionally Left Blank
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executes this
Agreement as follows:
? DEVELOPER: Highpointe, es
Witness Signature By:JAN I C c _') z- E' S Prin ame: Pau
Wim Printed Name Title: ManagingMem/}gerr
Date: � � �a �( Q
Witness Signature
F/iYN X: rs :�r 4 c /t'Z)Q.�5
Witness Printed Narne
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Tt�
The foregoing instrument was acknowledged before me this ��20 day of '�'62�45F�3006, by Paul
Adams- Managing Member of Highnointe LLC , who is personally known to me or has produced
as identification.
Notary Public
Name: tare of Florida
Commission #: — Chi eu
Expiration Date: Myt?rmmisson D0619057
a^ E aes 203/2011
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
Attest: L , it
J.K. Barton, Clerk of the Circuit Court
1 . , �
By' i:
Approved as to Form and Legal Sufficiency Approved by:
my Attorney seph AN Baird, County Administrator
-Page 7 -
CINOC( M NTSAND .YMIWMAWSWY ATTACH NT2DOC
DESCRIPTION LEGAL DESCRIPTION
PARCEL 1 :
TRACT 1 , IN THE SOUTH 1 \2 OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT
OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND
EXCEPT THOSE PARCELS CONVEYED IN OFFICIAL RECORDS BOOK 152, PAGE 559; OFFICIAL RECORDS BOOK 189, PAGE 419 AND
OFFICIAL RECORDS BOOK 540, PAGE 691 AS RE-RECORDED IN OFFICIAL RECORDS BOOK 541 , PAGE 28, ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2:
THE WEST 1 /2 OF THE NORTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LESS
PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 143, PAGE 296 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 3:
THE SOUTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH , RANGE 39 EAST, LYING WEST OF THE
FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 4:
THE SOUTHWEST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF LATERAL
"G" CANAL; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 5:
THE SOUTHEAST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST; SAID LAND LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 6:
BEGIN AT THE SOUTHWEST CORNER OF THE NORTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST AND RUN EAST 469.00 FEET TO THE WEST RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD; THENCE RUN
NORTHERLY ALONG SAID RIGHT- OF-WAY 862.00 FEET; THENCE RUN WEST 248.00 FEET; THENCE RUN SOUTH 825.00 FEET TO
THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
PARCEL 7:
THAT PART LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT- OF- WAY OF THE NORTH 5 ACRES OF THE SOUTH 30
ACRES OF THE NORTHWEST 1 \4 OF THE SOUTHEAST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 8:
THAT PART OF TRACT 32, IN THE SOUTH 1 \2 OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
LYING EAST OF THE LATERAL "G" CANAL.
PARCEL 9:
ALL THAT PART OF THE NORTHEAST 1 \4 OF THE SOUTHWEST 1 \4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
LYING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPTING THE NORTH 640 FEET OF THE WEST 390 FEET THEREOF;
AND
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL: FROM THE CENTER OF SECTION 10, TOWNSHIP 32 SOUTH , RANGE 39
EAST, RUN SOUTH ALONG THE CENTERLINE OF SAID SECTION 10, A DISTANCE OF 40 FEET TO THE SOUTH RIGHT-OF-WAY OF
SOUTH WINTER BEACH ROAD (STATE ROAD 5-632) AND POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING RUN
WEST ON SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 740. 4 FEET; THENCE RUN SOUTH AND PARALLEL WITH THE CENTER LINE
OF SAID SECTION 10, A DISTANCE OF 300 FEET TO THE NORTH RIGHT-OF- WAY OF A RAILROAD SIDE TRACK EASEMENT;
THENCE EAST ALONG SAID NORTH RIGHT- OF-WAY OF THE RAILROAD SIDE TRACK EASEMENT 740.4 FEET, MORE OR LESS, TO
A POINT OF INTERSECTION WITH SAID NORTH - SOUTH CENTER LINE OF SECTION 10; THENCE RUN NORTH ALONG THE CENTER
LINE OF SAID SECTION 10, A DISTANCE OF 306.61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (LESS AND EXCEPTED
PARCELS AS DESCRIBED IN OFFICIAL RECORDS BOOK 397, PAGE 930; OFFICIAL RECORDS BOOK 408, PAGE 186; OFFICIAL
RECORDS BOOK 408, PAGE 189; OFFICIAL RECORDS BOOK 542, PAGE 554 AND OFFICIAL RECORD BOOK 1213, PAGE 2122,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA).
ALL PARCELS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 160. 97 ACRES, MORE OR LESS.
SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' A ' HIGH POINTECML h SMUC74RIL E?VaW E7NNG uND PIANNNC FRVIR WWAL PERmffmG
CERTIFICATION OF AUTHORIZATION NO.: 00006666
1 O): 2 SUBDIVISION
1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH, FLORIDA 32960
TEL 7721770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineere com
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EXHIBIT ' A ' SCHULKE , BITTLE & STODDARD , L . L . C .
HIGH POINTE SUBDIVISION CML It 57RUC7uR¢ oMaRIM LAND RlAWW 0MRaYMMAL PERAllMW
2 OF 2 CERTIFICATION OF AUTHORIZATION NO.: 00008668
1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 7721770-9496 EMAIL info@sbsengineer .com
EXHIBIT "B"
ESTIMATED COST OF IMPROVEMENTS
MASTER PLANNED WATER MAIN
IN 65TH STREET
6/27/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
WATER
1 MOT 1 LS $ 71500 .00 $ 7,500 . 00
2 Mobilization 1 LS $ 10, 000 .00 $ 10 ,000.00
3 Connect to Exist Water Main 1 EA $ 11500. 00 $ 11500.00
4 Oen Cut Old Dixie & Restore 1 LS $ 51000.00 $ 5, 000 . 00
5 24" Jack & Bore w/12" WM 108 LF $ 400.00 $ 43,200.00
6 12" Gate Valves 10 EA $ 11000 .00 $ 10 ,000.00
7 12" PVC Pie 5130 LF $ 35. 00 $ 179, 550.00
8 12 X 6 Tee 2 EA $ 750. 00 $ 11500 .00
9 6" Gate Valve 3 EA $ 750.00 $ 21250 .00
10 12 X 8 Tee 1 EA $ 85000 $ 850 . 00
11 8" Gate Valve 1 EA $ 850 .00 $ 850 . 00
12 8" Plug 1 EA $ 300 . 00 $ 300. 00
13 12 X 6 Cross 1 EA $ 1 , 500.00 $ 1 , 500 .00
14 6" Plug 2 EA $ 250.00 $ 500 .00
15 12" HDPE Directional Bore 150 LF $ 250 .00 $ 37 , 500 . 00
16 Sod Right of Way 5130 LF $ 3 .50 $ 17 , 955.00
17 Testing 1 LS $ 5,000. 00 $ 5,000.00
18 Sampling Points 5 EA $ 500.00 $ 2, 500.00
19 Temp Jumper 1 EA $ 21000.00 $ 21000 .00
Total $ 329,455.00
Contin enc 10% $ 32 , 945.50
Survey $ 71500 .00
Design $ 10,000 . 00
Permitting $ 43000.00
Bidding & Award $ 2 ,000.00
Services during constuction $ 51000.00
Administration $ 1 , 500.00
Total $ 392,400 .50
Developer's Share Water $9,360.00
Count Share $383,040.50
210 LF. 12' H.D.P.E
DIRECTIONAL BORE O
UNDER LATERAL CANAL
MIN. 8' CLEARANCE BELOW
CONNECT TO EXISTING 120 BOTTOM OF CANAL I w
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16 TEMP. SAMPLE POINT 12' MJGV EXISTING I m
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML & STRUCTURAL ENGINE7RING [AND PLANNING ENVIRONMENTAL PERMIT7INC
CERTIFICATION OF NO. 00008668
1 OF 4 65TH STREET WATERMAIN 1717 INDIAN RIVER BLVD., SUITE 201ATION VERO BEACH, FLORIDA 32960
TEL 772 1770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineem.com
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EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML k SMXTUIM ENGINEERING IAND PMNINC EWWRDNMEN(AL PERMR7INC
NO 00008668
2 OF 4 65TH STREET WATERMAIN 1717 INDIAN RIVER BLVD. , SUITE 201ATION VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineem.com
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML h SMW7URA &WNEERNNG LAND PLANNING ENNRONMENTAL PERMITTING
NO.. 00008668
3 OF 4 65TH `STREET WATERMAIN 1717 INDIAN RIVER BLVD. , SUITE 2010ERTIFICATION FATION VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineem.com
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7EAMNN
7WAT � WAT WAT WAT WAT WAT WAT WAT W T WAT Z
STA 1LT.�TJ�7J 12'x6' - - - - - - - - - - - G(2) 1xuJGI �.
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SCHULKE , BITTLE & STODDARD , L . L . C .
EXHIBIT ' C ' HIGH POINTE SUBDIVISION CML h S7RUCTURIL ENCINEMINC LAND PLANNING ENWRONMENTAL PERMfMNC
65TH STREET W ATERMAIN VECERTPi BLVDCATION , S ITE 2 1 AUTHORIZATION O B 00008668, FLORIDA4 OF 4 1717
INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FL32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineem.com
Attachment 3
ESTIMATED COST OF IMPROVEMENTS
FORCE MAIN
IN 65TH STREET FROM OLD DIXIE TO WEST PROPERTY LINE
4/10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT 1 LS $ 22500 .00 $2 ,500 .00
2 Mobilization 1 LS $ 51000 .00 $5 ,000 .00
3 16 X 6 Tap Sleeve & Valve 1 EA $ 4 ,500 .00 $4,500 .00
4 Restore Pavement & Sod 1 LS $ 12000 .00 $1 ,000 .00
5 14" Jack & Bore w/ 6" FM 108 LF $ 350 .00 $37, 800 .00
6 6" Gate Valve 4 EA $ 750 .00 $3,000 .00
7 6" PVC Force Main 2689 LF $ 25 .00 $67, 225 .00
8 6" HDPE Directional Bore 120 LF $ 150 . 00 $18, 000 .00
9 4" Gate Valve 3 EA $ 500 . 00 $ 1 , 500 .00
10 6 X 4 Tee 3 EA $ 700 . 00 $2 , 100 . 00
11 4" Plug 2 EA $ 200 . 00 $400 . 00
126" Plu 1 EA $ 300 . 00 $300. 00
13 Sod Right of Way 2689 LF $ 3 . 50 $9,411 . 50
14 ITesting 1 LS $ 3 ,000 . 00 $3,000. 00
Total $ 155,736 . 50
Contingent @10% $ 15, 573 .65
Survey $3, 500 .00
Design $ 107000 .00
Permitting $5,000 .00
Bidding & Award $2 ,000 .00
Services during constuction $5,000.00
Administration $ 1 , 500 .00
Total $ 1982310 . 15
Attachment 3
ATTACHMENT 4
ESTIMATED COST OF IMPROVEMENTS
FORCE MAIN
IN 65TH STREET FROM WEST PROPERTY LINE TO LATERAL G CANAL
4/10/2006
ITEM DESCRIPTION QUANTITY UNIT OF UNIT PRICE TOTAL PRICE
MEASURE
Sewer Force Main
1 MOT 1 LS $ 1 , 500 .00 $ 1 , 500 .00
2 Mobilization 1 LS $ 3,000 .00 $3, 000 .00
3 6" PVC Force Main 1215 EA $ 25 .00 $30, 375 . 00
4 6" Gate Valve 1 LS $ 750.00 $750 . 00
5 6 X 4 Tee 1 LF $ 700.00 $700 . 00
6 4" Gate Valve 1 LF $ 500.00 $500 . 00
7 6" 45 Bends 2 LF $ 500.00 $ 1 ,000 . 00
8 4" Plug 1 EA $ 200 .00 $200 . 00
9 Sod Right of Way1215 LF $ 3 . 50 $4,252 . 50
10 Testing 1 LS $ 13000 .00 $1 ,000. 00
Total $43 ,277 . 50
Contingenc 10% $4 , 327 . 75
Survey $ 12200 .00
Design $5 ,000 .00
Permitting $ 1 ,000.00
Bidding & Award $ 1 ,000 .00
Services during constuction $2 ,000 .00
Administration $500 .00
Total $58, 305 .25
County Share $58, 305 .25
Attachment 4
Attachment 5
SHARED COST OF IMPROVEMENTS PER FRONT FOOTAGE
FORCE MAINS IN 65th STREET
FROM OLD DIXIE TO WEST PROPERTY LINE
7/10/2006
PROPERTY FOOT FRONTAGE COST
North Side of 65th Street
Parcel AA 65.00 $ 2 ,292 . 03
Parcel BB 1320 .00 $ 467545.88
Parcel CC 1320 .00 $ 46 ,545.88
Parcel CCC 82 .00 $ 22891 .49
South Side of 65th Street
Parcel DD 115 .00 $ 4 ,055. 13
Parcel EE 50 .00 $ 11763 . 10
Parcel FF 400 .00 $ 14, 104 .81
Parcel GG 290.40 $ 10, 240 .09
Parcel HH 217 . 50 $ 7, 669 .49
Parcel HHH - Developer's Property 190.00 $ 61699 .79
Parcel 11 172 .00 $ 61065 .07
Parcel JJ 660 .00 $ 23,272 . 94
Parcel KK Developer's Property40.00 $ 1 ,410.48
Parcel LL 100.00 $ 3,526.20
Parcel MM Developer's Property 602 .00 131
Total
TOTAL FRONTAGE BOTH SIDES) 5,623 .90
TOTAL COST See Exhibit D
Developer's Unit Cost ($ per foot) $35.26 Total
Attachment 5
Attachment 5
Sheet 1
Q00I SOUTH WINTER BEACH ROAD
- - ( 65TH STREET ) - - - - - - I w
North — m
- - - - - - - - - - - - - - - r
- - - - - - - - - - - - - -
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Sheet 3 CERTIFICATION OF AOTHORRATION NO.. 00008668
1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH , FLORIDA 32960
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Sheet 4 HIGH POINTE SUBDIVISION CML & STRUCTURa EA'G M?INB LMD PLONING EMIIRMMMTAL atxwmvG
CERT FIWON OF AUMORIZATI0N NO. : 00008668
1717 INDIAN RIVER BLVD., SUITE201 VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FA ' 772 / 770-9496 EMAIL info@sbsengineers.com -