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HomeMy WebLinkAbout2000-077i 4111111111 13 0 Or INDIAN RIVER COUNTY ID:561-770-5095 FED 28'00 10129 ND.004 P•0 0jf — 77 FORhrB[prKiQjLECW.(N1l7CmM5} pnnerN mr un%Ud POrt W use with Womonoe bond CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. 813-99.08-13-A (990301222) THIS CONTRACT, made and entered into this 217t day of , 2000, by and between SmIgI91 Partners IV, Ltd., a, Florida limited partnership, hereinafter referred to as 'Developer,' and INDIAN RIVER COUNTY, a poltilcal subdivision of the State of Florida, by and through Ila Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer Is conwmncing proceedings to effort a subdivision of land within Indian River County, Florida: and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has Installed the roquired Improvements or has guaranteed to the satisfaction of the County that such Improvements will be Installed, and WHERE AS, Developer requests the approval and recordation of a certain plat to be known as Waters Edge Plat One; and WHERE=AS, the required Improvements are to be inatnlled rafter recordation of this plat under guarantees postrad with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the partkas agree as follows,, 1. Developer agrees to construct on or before MmZf'_t- 2-0 , In a good and workmanlike manner, those Improvements described as follows: See i xhilO t "Arc attached hereto. or otherwise required by the Indian River County Code In connection with the approval of said plat. A copy of the plat shrill be recorded In the Public Records of Indian River County, Florida upon the final approval of the Board of County Commlealoners and made a part hereof for all purposes. t/ • 4D • INDIAN RIVER COUNTY ID:561-770-5095 FEB 28'00 10:29 No, 004 P.03 2. Developer agrees to construct said Improvements strictly In accordance with the land development permit, the most recent Bet of plans and specifications for this subdlvislon approved by the Gounty and on file In the Planning and Development Division, and all County development regulations and standards, Including conditions and requirements of any applicable County right-of-way permit. all of which arcs hereby incorporated by reference and made a part hereof. 3. in order to guarantee performance of this contract, Developer shall simultaneously horewith furnish a performance bond underwritten by a surety Insurer, authorized to transact such business In this state, which shall remain In full force and effect until at least ninety (90) days beyond the date sot forth In paragraph 1, or unill the covenants of thin contract have been fully complied with and natisfactodly completed as determined by the County pursuant to paragra�ah 5 below, In a form to be approved by the County, with Developer as principal and EiarCford Fire Insurance Co., as the surety, In the amount of S 655,619.0 -which amount is not less than one hundred fifteen percent [115%) of the estimafhd total cost of improvements remaining to be constructed, as datormIned in accordance with the County's Subdivision and Platting Ordinance. It Is understood that the full amount of the guaranty shall remain available to the County and shall not be reduced during the course of construction without an express written modification tharoof exemlad by all parties. Requested reductions shall not be unreasonably withheld by the County. Devoiopnr may at any lime 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 carrier! by Developer or to be obtained during Via course of the constnrctlon of the subdivision improvements, Developer agrees to Indemnify, hold harmless, and defend the County against any and all claims, damagos, losses, and. expenses, Including attomoyr. fees, for property damage, personal or bodily injury, or loss of life, an.,'rg from the negligant acts or omissions of the Developer, Its offrcena, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all thono improvements to be constructed on existing publicly dedicated or County -owned property, such ns street, sidewalk, blkepath, lighting„ signalixation, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation In the Public Records of Indian River County, Florida upon a finding as to complinnco with all t,py;iicUrsli; privisluoti ui lite i:ounty's Suba rasion and Malting Oidinance and upo^ execution hereof. The County shall accept those areata specifically dedicated to the County for the purposes Indicated on the plat at the tlmo of plat recordation. However, nothing hvreln shall be construed as creating an obligation upon the County to perforce any act of construction or maintenance wilhin such dedicated areas until such time as the required improvements are satisfactorily completed.- Satisfactory completion In accordance v0th the fund dovol spment parmil, plans, specliiraliuiw, uild urdirl anctr 40 • i INDIAN RIVER COUNTY ID:561-770-5095 FED 28'00 10:30 NO.004 P.04 requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or lits designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. 6, In the event the Developer shall fail or negtoct to ful(ill Its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the guarantor or surety ahall be Jointly and severally liable to pay for the cost of construction and Installment of the required Improvements to tho final total cost, including but not limited to englneoring, construction, legal and contingent costs, Including reasonable attorney's fees Incurred by the County, togethor with any damages, either direct or consequential, which the County may sustain as a result of the fallure of Developer to carry out and execute all provlslons of this contract rind applicable ordinances of the County. In no event, however, shall the liability of the guarantor or surety under this paragraph excoad the total amount of the original obligation stated In the guaranty or surety instrument, less any approved reductions thereto. 7. The parties agree that the County at Its option shalt have the right, but not the obligation, to construct and install or, pursuant to receipt of compatttiva 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. Dovoloper expressly agrees that the County may demand and draw upon the existing guaranty or surety for the final total cost of the Improvements, Govolopar shall remain wholly liable for any resulting deficlancy, should the guaranty or surety be exhausted prior to completion of the required Improvements. In no event shall the County bo obiigatod to oxpond public funds, or any funds other than those ,provided by the Developer, the guarantor, or surely, to construct the required Improvements. 8. Any guaranty or surety provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shell not be construed or Intended In any way, expressly or irnplledty, to benelit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or sorvlcea for construction of the required improvernents, or to benefit any lot purchaser(s), unless the County shall agree otherwise In writing. 9. i his agreement Is the fult 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 horr,ln. 7hik; LAudl not be aizignad wil'hout dela oxpreees wdituia approval ul the County. Any amendment, deletion, modtficatlon, extension, or revision hbreof Y:.- hereto .hereto shall be In vMtIng, executed by authoftod representatives ui both parties. 0 • 4 IMDIflN RIMER COUNTY ID 561-770-5095 FEB 28'00 10:31 N0.004 P.05 IN WITNESS WHEREOF, the parties hereto have set their hands and seal® on the day and year first above written. WITNESSES: signature, - printed name: s ATT ' � 5 By: Jeflre _Barton, Clark of Cc url� i APPROVED AS TO FORM AND LEGAL SUFFICI t�,CY BY t w� ymk.IF,A4 C. CCLI iNS fl L,EFUTY COUNTY ATTORNEY 4 SMIGIEL PARTNERS IV, LTD., a Florida limited partnership DEVELOPER By GARY SMIGIEL., L.C., a Florida llmlted liability company General Partner 13y Gary SmIgIel President INDIAN RIVER COUNTY, FLORIDA Fran H. Adams, Chalrman Boars! of County Commissioners BCC approved: 03-21 _MQ-,_ (SEAL COST ESTIMATE SHEET Prepared by: Mosby & Associates, Inc. Job Desc.: Edgewater Subdivision (Phase 1) 2455 14th Avenue Job Number: 99-178 Vero Beach, Florida 23960 Dake: February 16, 2000 ITEM DESCRIPTION CITY. UNIT UNIT PRICE EST. COST WATER MAIN IPHAS'E_I1 1 6'" PVG 2614 LF $ 12.00 $ 31,368.00 2 6" DIP 50 LF $ 14.00 $ 700.00 3 6" GLASS 52 DIP 63 LF 1 $ 14.00 $ 882.00 4 6" GATE VALVE 3 EA $ 850.00 $ 2,550.00 5 FININGS 0.38 TON $ 5.000.00 $ 1,900.00 6 FIRE HYD. 3 EA $ 1.800.00 $ 5,400.00 7 SINGLE SERVICE 9 EA $ 300.00 $ 2,700.00 8 DOUBLE SERVICE 15 EA $ 450.00 $ 6,750.00 9 OPEN CUT 12 YD 2 1 $ 25.00 $ 300.00 WATER MAIN TOTAL $ 52,550.00 STORM SEINER PHASE I 10 15" RGP T-6' 96 LF $ 18.00 $ 1,728.00 11 18" RCP 542 LF $ 22.00 $ 11,924.00 12 -(3'-6') 24" RCP 3'4 242 LF $ 25.00 $ 6,050.00 13 18" CMP 3'-6' 214 LF $ 19.00 $ 4,066.00 14 24" CMP T-6 20 LF $ 22.00 $ 440.00 15 GRATED INLETS T-6' 9 EA $ 1,700.00 $ 15,300.00 16 MAN HOLES 3'-6' 4 EA $ 800.00 $ 3.2.00.00 STORM SEWER TOTAL $ 42,708.00 SANT. SEWER PHASE l 17 8" PVC GRAVITY T-6 400 LF $ 12.50 $ 5,000.00 18 MAN HOLE 3'_6' 3 EA $ 800.00 $ 2,400.00 19 8" PVC GRAVITY 6'-10' 2399 LF $ 15.00 $ 35,985.00 20 MAN HOLE v -10" 6 EA $ 2,000.00 $ 12,000.00 21 22 4" DIP FM 4" GATE VALVE 55 1 LF EA $ $ 8.00 650.00 $ $ 4.4u.00 650.00 23 FITTINGS 0.1 TON $ 5,000.00 $ 500.00 24 LIFT STATION 1 EA $ 55,000.00 $ 55.000.00 25AERIAL GROSSING _ SEWER 1 E4 $ 2,500.00 $ S 2,500.00 — 11 ,4 5.051 26 ENT. CULVERT & END WALLS 1 EA $ 15,000.00 1 .000.00 In 27 CURB LENGTH 6400 LF $ 6.00 38,400.00 Wage 1 of 2. EXHIBIT "A" 3 Jy] ug! 1/ �frJj U nM" 40 • 0 • Page 2 of 2 28 ROADWAY 3200 LF $ 30.00 $ 96,000.00 29 SEED/MULCH 593999 SF $ 0.01 $ 5,939.99 30 PHASE I FILL REQUIRED 70936 Y173 CUT FROM PHASE 1 13487 YD' $ 1.00 $ 13,487.00 CUT FROM PHASE II 574.49 YD $ 1.50 $ 86,173.50 NET FILL PHASE I 0 YD3 $ 3.25 $ - 31 STREET' LAMPS 3 EA $ 3,000.00 $ 9,000.00 32 STRIPING & SIGNING 1 LS $ 5,000.00 $ 5,000.00 LANDSCAPE FEATURE P 33 WITH OPAQUE FEATURE 950, LS $25,000.00 $ 25,000.00 TOTAL. $ 503 733.49 (ON-SITE PHASE I ONLY) SANT. SEW. OFFSITE PHASE I 33 8" PVC FM 755 LF $ 15.00 $ 11,325.00 34 8" DIP FM - 180 LF $ 18.00 $ 3,240.00 35 8" GATE VALVE 1 EA $ 1,050.00 $ 1,050.00 36 FITTINGS 0.03 TON $ 5,000.00 $ - 150.00 37 ©PEN CUT 37 YD $ 25.00 $ 925.00 SANT. SEW. OFFSITE JPHASE 11 OTAL $ 16,690.00 SANT. SEW. OFFSITE PHASE II 38 8" PVC FM 1230 LF $ 15.00 $ 18,450.00 39 8" DIP FM 260 LF $ 18.00 $ 4,680.00 40 8" GATE VALVE 1 EA $ 1,050.00 $ 1,050.00 41 4" GATE VALVE 1 EA $ 650.00 '$ 650.00 42 FITTINGS 0.37 TON $ 5,000.00 $ 1,850.00 43 AIR RELEASE 1 SANT.: EW. OU SITE PHASE 11 `I OTAL EA $ 3,000.00 ...,. $ _ ---- 3,000.00 -29,680.00 44 JENGINEERINGISURVEY COSTS 1 LS $ 20,000.00 $ 20,000.00 (ON-SITE P, IAS- I& 0 .'IM PHASE All) Page 2 of 2