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HomeMy WebLinkAbout2021-057The Reserve At Grand Harbor PD Phase 1, Plat 33 ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECOND MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703) THIS SECOND MODIFICATION, made and entered into this 13th day of April , 2021, by and between GH VERO BEACH DEVELOPMENT LLC, a Delaware 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 entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703),. guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's projected date of Certificate of Completion (December 16, 2016) or - 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted cash in the amount of $212,131.88 as security to guarantee completion and entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt; and WHEREAS, in December, 2018, Developer was granted an additional 2 - year extension to install the final lift of asphalt and entered into a Modification to Contract for Construction for Final Lift of Asphalt, extending the expiration date to December 16, 2020, with the existing cash security continuing to be held to guarantee completion; and WHEREAS, the developer has 1. requested an additional 2 -year extension to December 16, 2022 to install the final lift of asphalt, as allowed by code; 2. provided an updated certified cost estimate attached as Exhibit "A" which amount has been approved by County engineering and did not change from the 2018 updated cost estimate; and 3. paid the required $660.00 extension fee request to County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, is extended to December 16, 2022. 2. The $212,131.88 shall continue to be held in escrow for the guaranty for the final lift of asphalt and represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's updated certified cost estimate as approved by County engineering, attached as Exhibit «A„ 3. The extension fee in the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code has been paid. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703), as modified, remain in full force and effect as well as the Cash Deposit and Escrow Agreement For Final Lift of Asphalt. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Cou/^rttand Comptroller By: Deputy Clerk Approved as to form and legaallsicie y: By: IM a William K. DeBraal Deputy County Attorney GH VERO BEACH DEVELOPMENT LLC d VDEVELOPER By: printe name: %,49 Z /> 1�41W Authorized Signatory (President) INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners COUNTY:; 2 Joseph E. Flescher, Chairma BCC approved: April 13, 2021 •�••e •e aa• �Oh1Mf ^a • ss/0 R COUN�;•�^^vim` EXHIBIT "A" MJMASTELLER & MOLER, INC. CIVIL ENGINEERS RESERVE AT GRAND HARBOR (PHASE 1) - CERTIFIED COST ESTIMATE ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 2/8/2021 Description Quantity Unit Unit Price TOTAL Mobilization 1 LS $3,500.00 $3,500.00 1.0" SP 9.5 - 2nd Lift (Grand Harbor Reserve Sq.) 3,321 SY $9.00 $29,889.00 Mill Existing Asphalt (1.5") 9,579 SY $2.50 $23,947.50 Overlay w/ 1.5" SP 9.5 Asphalt 9,579 SY $11.00 $105,369.00 Restripe Pavement 1 LS $4,000.00 $4,000.00 Reset PCP's 1 J LS $3,000.00 $3,000.00 TOTAL $169,705.50 ISurety Amount (125%) $212,131.88 CERTIFICATE OF COST ESTIMATE I, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce approval by the County of a final plat for the Reserve at Grand Harbor Phase 1 project, and for the purpose of establishing proper surety arsons a'j��ooigted therewith. Q O i ENSFWA co ,,gy�pp 93 's • ER ,-A •; STATE OF ?, Stephen �„ •ler,, .� 1+C �NGiINEEFiINI2 Vice Presid�FgS •��v��,•'`DIVISI N 'Z /2� '��. �O!a1 �.,t� Accepted / ��flil07:li1l111 �� !nsufficient File#1357 1655 27th Street, Suite 2 Page 1 of 1 ADNIMConstmctionWalntenance Bond Estimate Vero Beach, Florida 32960 (PerformanceBond_FinalLiftAsphalt_Extension_21-0208.xlsx) (772) 567-5300 31V (3 .].Q All N33 d A3a d3 3 I d0 SiHI NI 3113 O IVNOD1 3Hl d0 Ad00 109HU00 GN\/ Bnu.L v SI SIH-LIVHlA311a30 Ol SI SIHl A1Nnoo U3A18 NVIONI VOIHOld 30 31VIS 2 R �II F Rs z lid Rl a �rsas T' r n Z C.� Z 0 r M 0 z M p — - — zy v -i Z r cJ0Cl) X { r O I , €i�44E'd+,"Ig�ag jgg i�n3� ppe I z0E 2j �A F Rs a Rl a �rsas T' r