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Home My WebLink About3/23/1983Wednesday, March 23, 1983 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 23, 1983, at 1:00 o'clock P.M. Present were Richard N. Bird, Chairman; Don C. Scurlock, Jr., Vice Chairman; Patrick B. Lyons; and William C. Wodtke, Jr. No replacement has been named for former Commissioner Fletcher -as yet. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to -the Board of County Commissioners; Jeffrey K. Barton, Finance Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Attorney Brandenburg led the Pledge of Allegiance to the Flag. APPROVAL —CONTRACT FOR SOUTH BEACH WATER SYSTEM IMPROVEMENTS, PHASE I Attorney Brandenburg noted that the Commission has considered this in the past and awarded the bid to Ortega Industrial Contractors, and it is now proper for the county to enter into a contract with them under the specifications that went out to bid. The Attorney continued that there have been a couple of changes in the contract, specifically, we have added reference to Addendum I to the contract specifications; also the form of the performance bonds and payment bonds was unsatisfactory to the County legal staff. New ones have been typed up and submitted to the engineer, who is processing these through the contractor. Attorney Brandenburg did not anticipate any problem. Engineer John Robbins believed that the new bond forms MAR 2 3 1983 3r 77 Y.� R MAR 23 1983 eft 53 pact 7 are satisfactory to the contractor, and they should be delivered tomorrow. Attorney Brandenburg believed the Utility Department has looked through the specifications in the contract and feels they are correct. He recommended that the Board authorize execution of the contract provided the Attorney receives the executed performance and payments bonds in proper form. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, to authorize the Chairman to execute the agreement with Ortega Industrial Contractors for the South Beach Water System Improvements, Phase I, subject to the Attorney receiving the executed performance and payment bonds in proper form. Engineer Robbins requested that the Board also consider allowing the Chairman to execute the Notice.to Proceed after the contracts have been fully executed. Commissioners Scurlock and Lyons agreed to make that condition part of the above Motion. THE CHAIRMAN CALLED FOR THE QUESTION. It --was voted on and carried unanimously.! 2 CONTRACT DOCUMENTS AND SPECIFICATIONS . FOR ISSUE 0 FOR CONSTRCTIO MAN y X 483 PHASE I DATE SOUTH BEAC-H WATER SYSTEM IMPROV E ME N TS INDIAN RIVER COUNTY -� MUM DIATE --"N a 1gR3 \0 R PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA Sverdrup & Parcel Sve �� and Associates, Inc. — Vero deacn, Florida Engineers Arcnilecis Planners ENGINEERS JOB NUMBER 7701 JANUARY, 1983 1 MAR 2 3 1983 3 79 53 race I MAR 2 3 1983 I SECTION E AGREEMENT THIS AGREEMENT, made this day of . 19,, by and between Indian River County, Florida hereinafter called "OWNER" and Warne o ner , doing business as (an individual), or (a partnership), or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the pdyments and agreements herein after mentioned: I. The CONTRACTOR will commence and complete the construction of: Phase I South Beach Wattr System Im r v 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and can- pletion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT UOCU- MEMS within 10 calendar days after the -date of the NOTICE TO PRO- CEED and will complete the same within— 240 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. a. The CONTRACTOR agrees to perform all of the WORK described in the C0141RACT DOCUMENTS and comply with the terms therein for the sum of $C-1• �- j ljlJ or as shown in the BID schedule. j 5. The term "CONTRACT DOCUMENTS" means and includes (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) ( K) (L) jl'I) (N) (0) Advertisement For BIDS Information For BIDDERS BID BID BOND Agreement .General Conditions SUPPLEMENTAL GENERAL CONDITIONS Payment BOND Performance BOND NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER the following: DRAWINGS prepared by Sverdrup & Parcel and Associates,.Inc numbered 1 through 21 , and dated Jan. 1983 SPECIFICATIONS prepared or issued by Sverdrup & Parcel and Associates, Inc. da ted' January ' 1983 ADDENDA: No. .1 - , dated rRht 1 19 6. The OWNER will pay to the CONTRACTOR -in the manner and at such times as set forth in the General Conditions such amounts as required by the CON- TRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF' the parties hereto have executed or caused to be ex- ecuted by their duly authorized.:officials, this Agreement in (_six 6 (Number of ople ; copies each of which shall be deemed an original on the date first above written. . (SEAL) ATTEST: Approvcd to form OWNER: and Ickl :. ufii " .n INDIAN RIVER COUNTY, FLORIDA BY: Erancerr g NAME: Richard N. Bird my Attorneyu1smawm j . Please type TITLE: Chairman-, Board of -County Commissioners NAME:. -- Please type TITLE: (SEAL) ATT NAME: Please type CONTRACTOR: BY: NAME: �. 1 e type ADDRESS: ORTEGA INDUSTRIAL CONTRACTORS r � rYCnrd ►tl t F, FI (lt;tf)h �224�Q6 R 63 51rw ��. MAR 2 3,e 1983 MODIFICATION OF SEAGROVE SUBDIVISION IRREVOCABLE LETTER OF CREDIT Attorney Brandenburg noted that in December of 1982, the County entered into a contract for the construction of required improvements with the developer of Seagrove Subdivision. At that time the contract indicated the full amount of the estimated construction cost of all the required improvements would have to be guaranteed by an irrevocable letter of credit that would remain in the full amount of the estimated improvements throughout the construction period. The developer is now requesting that the County allow them to draw down the Letter of Credit in an amount equal to the draw request of their contractor on the subdivision. Attorney Brandenburg noted that Ms. Pat Murray is here representing the developerJand she has requested that this matter be considered today because their contractor has to be paid. He continued that their contractor and engineer have certified that 43% -of' the work has been completed and Public Works Director Davis has been requested to check the site, which the Attorney felt he has done although we do not have the results of his inspection as yet. Attorney Brandenburg.recommended the Board approve this modification provided Mr. Davis indicates the amount of work certified has been completed. 9 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, to approve the modification of the Irrevocable Letter of Credit for Seagrove South Subdivi- sion,as requested and authorize the signature of the Chairman, based upon verification by Public Works Director Davis that the amount of work certified has been completed. 0 Pat Murray, representing the developers of Seagrove Subdivision, informed the Board that the contractor already has been paid the first draw of about $38,000 and now is ready for the second draw, which is less than $70,000. There is a loo retainage. Discussion continued in regard to being assured that there will be sufficient,monies retained to complete the project, and Commissioner Scurlock noted that is why the Motion is contingent on Mr. Davis' verification that 43% of the work has been completed. Mrs. Murray believed that, -at this time, actually closer to 60% of the work has been completed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 7 5. ion MAR 2 3 1983 rl� , MAR 2 31993 Telephone: (305) 587-8000 8609 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida -32960 Haven Federal Savings & P. 0. Box 858 250 Second Street, S.W. Winter Haven, Florida 53 84 Suncom Telephone: (305) 424-1012 March 28, 1983 Loan Association 33880 Re: Irrevocable Letter of Credit No. 1 --Seagrove South Subdivision/Corporate Investment Company/ Board of County Commissioners of Indian River County, Florida Gentlemen: Please be advised that the Board of County Commissioners of Indian River County, Florida during their regularly scheduled meeting of March 23, 1983, approved by majority vote the request of Corporate Investment Company to reduce the amount of the Irrevocable Letter of Credit issued by you effective December 15, 1982, and expiring on February 15, 1984, to secure required improvements_ -under a contract -entitled CRI No. 1 dated December 15, 1982 by -39% or $117,000 leaving a balance of $183,000. This action by the County Commission is predicated upon certification by the project engineers, CFS & Associates, that 43& of the work on the required improvements is complete. Indian River County does not make any representation with respect to the quality or the completion of the work to date. This letter authorizes the modification of the Irrevocable Letter of Credit No. 1 by Corporate Investment Company only to the extent specifically set forth herein. Indian River_ -County expressly , reserves all rights that it may have with respect to the Irrevocable Letter of Credit and to Corporate Investment Company's obligations under the contract for required improvements -and does not waive any such rights. cc: Gary M. John J. Brandenburg, County Attorney Kabboord 0 Sincerely, Richard N. Bird Chairman Board of County Commissioners Attest: 2 r FREDA WRIGHT, erk There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:30 o'clock P.M. ATTEST: Clerk Chairman MAR 2 319$3 9 53* PA PA6f 8th