HomeMy WebLinkAbout2000-140COASTAL TECH
COASTAL TECHNOLOGY CORPORATION
4:WTAL • ENNA"ENIAL - OWL + EN(pNEFANG AW) PLAWNING
3625 2GF0151FUT. VERO BEMM FLLMA 32"EO
PIOW. [5071 P#12&560 • FAX [5G715W?0337
TRANSMITTAL LETTER d Q-1 41 0
101800 April 27, 2000i r'� r"V7 I F,T
To: Steven Doyle, P.E.
APR 2 7 2000
INDIAN RIVER COUNTY BY.
1810 25`" Street -- - -- — —
Vero Beach, FL 32960
Via: Hand Delivery
Re: DEVELOPER'S AGRE EMENT
Transmitted:
Item Description
{1) One (l) "Developer's Agreement between Indiatn
River County and Asset Channels Telecom, Inc. For
The Cotrstruction oJ•16" Master Planned iValer M'airr
a Along Indian River Boulevard From 14''Street Canal
To 37'' Slreel "
COMMENTS:
Steven,
As requested, we are forwarding the attached "Developer's Agreemew 6elwem Indian RiverCounty
and A•ssel Channels Telecom, Inc. For The Construction of 16"Masler Planned Water MainAlong
Indian River Boulevard From 141 Street Canal To 37'A Street ". If you have any questions, please
call me.
Sincerely,
COASTAL TECH
Y
Stephen Boehning, P.E.
Project Engineer
cc: Lois Edwards - COASTAL TECH
VERB BEACH • UESTIN • SARASOTA
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AN AGREEMENT (DEVELOPER'S AGREEMENT)
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
A.e''SET CHANNELS TELECOM, INC.
FOR THE CONS'T'RUCTION OF IC MAffER PLANNED WATER MAIN
ALONG INDIAN RIVER BOULEVARD
FROM le'STREET CANAL TO 37"t STREET
THIS AGREEMENT made this day of April, 2400 by and between INDIAN RIVER COUNTY,
a political subdivision of the State of Florida, the address of which is 18417 25th Street, Vero Beach,
Florida 32960 (hereinafter the COUNTY) and Asset Channels Telecom, Inc., 244 Elm Street, New
Canaan, Connecticut 46840 (hereinafter the DEVELOPER).
WITNESSETH:
WHEREAS, the DEVELOPER, in conjunction with the construction of utility improvements
along Indian River Boulevard is providing master planned water facilities to serve the COUNTY, and
WHEREAS, the COUNTY, has required the DEVELOPER to provide the master planned water
distribution system improvements to serve the regional area and has agreed to reimburse the
DEVELOPER for the cost of providing these master planned facilities,
NOW, THEREFORE, for and in consideration of the premises and other good and valuable
considerable, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows:
SC - 1. 16" WASTER PLANNED WATER MAIN:
The DEVELOPER shall construct the necessary 16' master planned water main per Indian—County
Department of iltility Services Water & Wastewater Utility Standards, 1997, and as described herein,
The COUNTY shall reimburse the DEVELOPER for the 16"master planned water main as outlined
below:
The DEVELOPER shall provide surveying, engineering, permitting, bidding and award, services
during construction and administration services for the design and construction of the proposed
16" master planned water main.
The DEVELOPER shall furnish and install a 16 -inch diameter water main within Indian River
Boulevard right-of-way starting from the end of the existing 16" water main located at the
southwest side of the 14'h Street Canal bridge and connecting to the end of the existing 16" water
main located at the northwest side of the 37h Street intersection with Indian River Boulevard
(See attached Exhibit A).
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Reimbursement: The COUNTY shall provide immediate reimbursement to the DEVELOPER
based on an itemized invoice of professional services and installed materials on a percentage
complete basis (less 10% retainage) monthly, with final payment and release of retainage at the
titre the above referenced facilities are dedicated to and accepted by the COUNTY.
The COUNTY shall reimburse the DEVELOPER for all actual costs incurred by the
DEVELOPER to fulfill this agreement. Unless otherwise agreed upon by [lie DEVELOPER and
the COUNTY, said Costs shall not exceed $2.1MAO,
SC -2. Amndment:
This agreement may be modified only by a written instrument executed by all parties to the
agreement.
SC -3. Assignability;
Either party may assign this Agreement, however, the rights granted herein shall run with the land
and are not considered 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 to provide otherwise.
SC -4. Authority
Each party hereto represents and warrants to the other that the execution of this agreemet , 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.
SC - 5. Bidding and Award :
The Indian River County Department of Utility Services shall review and approve bid proposals and
engineering costs related with the Work described herein. At least three (3) bid estimates from qualified
utility contractors must be submitted to the Department of Utility Services for review. Approval of
project costs will be a condition of the Utility Department's reimbursement for construction.
Furthermore, no work shall commence until the Utility Department provides written approval of the final
construction cost. The County may require redesign and 1 or re -bid if project costs significantly exceed
that contained in Exhibit B.
SC - 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.
SC - 7. C+anstruction Plans, Tcchnical Specifications and ContL ct 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). Prior to construction, all permits must be approved.
SC - 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.
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SC -9. DEVELOPER's Obligations:
The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement,
,general conditions, hereinafter referred to has the "contract documents", For the lines and facilities
necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY
prior to submittal to the permitting agencies must approve all plans and specifications. The
DEVELOPER shall be responsible for all costs associated with the design, permitting (excluding permit
application fees and any wetland boundary determinations) and construction of the master planned water
main (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 utilities which are solely
dedicated to the DEVELOPER's interests (including but not limited to conduits for fiber optic lines)
shall be the DEVELOPER's responsibility and expense.
SC- 10. Easements:
The COUNTY shall be responsible for obtaining all easements required for the installation,
maintenance and operation of the master planned water main. It is anticipated that the water main
will he constructed within existing Indian River Boulevard right-of-way. The DEVELOPER will
provide theCOUNTY with easement descriptions and sketches for easements (if require(').
After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance
with the approved plans and specifications, the DEVELOPER shall convey all the master planned water
facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents,
in a form acceptable to the COUNTY:
a) hill of sale
b) Grants of Easements
c) Maintenance Bond
d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0)
SC - 11, Entire Agreement:
This Agreement emoodics 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 nude by
either party relative to the subject matter hereof, which are not expressly set Forth herein.
SC - 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. 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.
SC - 13. Insurncnce:
DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance
coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian
River County shall be named as an additional insured and the Developer shall provide alt original
certificate of insurance. to the COUNTY.
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SC - 14. Mairitenance Bond
The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year
after acceptance by the COUNTY. The vahte of the Maintenance Bond shall be twenty-five percent
(25%) of the total construction value of the utility improveinents.
SC - 15. Multiple. Countemarts:
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.
SC - 16. Permits:
The DEVELOPER shall be responsible for obtaining all construction and operating permits required
for the construction, delivery,. use and monitoring of the proposed water facilities. If, through no fault of
the parties involved, any federal, state ar local government or agency (excluding the COUNTY) fail to
issue necessary permits, grant necessary approvals, or require 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 it becomes 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 the outer.
The COUNTY shall pay and provide a check for all permit application fees. The COUNTY shall
provide for determination and delineation of any wetland boundaries as may be required by permit
agencies.
The DEVELOPER shall comply with reasonable request by the COUNTY concerning 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.
SC - 17, Recording of Agreement:
The Agreement shall be recorded in the public records of Indian River County. The obligations
defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent
owners of lite property for the term of this Agreement.
SC - 18. Sgverability i lnvalid 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 tate
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.
SC- 19. Term:
The term of this Agreement is five 5 years. Unless otherwise authorized in writing this Agreement
shall be not be renewed automatically for successive terms at the expiration of any preceding term. The
Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's.
Utility Construction Permit whichever is less but shall be not more than live (5) -year s from the date of
issuance.
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SC - 20. Time of Essenec:
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 taws of the United
States or the State of Florida, then, in such event, the tithe of such period shall be extended to the next
day which is not a Saturday. Sunday or legal holiday.
IN WITNESS WHEREOF, the COUNTY and DEVELOPER have accepted, made and executed this
Agreement upon the terms and conditions above stated on day and year first above written.
Witness (signature)
NJ
Printed Name
Wit s (signature)
Printed Name
STATE OF C�NN.C.r�Q ut
COUNTYOF FTrc2f ti`s-t l7
DEVELOPER: Asset Chanuels elccom. Inc.
By:-
/
(signature)
Thomas Benedict, Vice President
Printed Name and Title
The foregoing instrument was acknowledged before me this day of April , 2000, by I fiort�rl ,
'fit f=C]=i C?* who is personally known to me or who has produced tEk%jeKfS C s C+
as identification.
Notary Pub i
Name: LI fix -W {� _ 01-1611-A
Colmmission Number:
Commission Expiration: r��err�atr�fl^Clftl lCY f�3rl:i7
(Notary Stamp)
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Deputy Clerk, Fran B. Adams, Chairman 9/9/00
STATE OF MQRIDA
COUNTY OF INDIAN RIVER I an tl trr Io bnpra+xd L'a+r '
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Before me personally appeared Fran B. Adams, Chairinan, as Chairman of the Board of COUNTY
Commissioners, and PALLIcrrt J2WL--S , as Deputy Clerk, to me well known instrument, and they
acknowledge before me they executed some.
Witness my hand and official seals this 9M day of ) uty , .2000.
N tary Public
APPROVED FOR AGENDA -
BY: �
James E. Chandler
County Administrator
FOR: <— r -- CD � 3
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Name: I(CTr9 M. R-11
Commission Number:
Commission Expiration;
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Nolary Puhlie, 5raee of Florida c
ug Catnmission No. CC 582439
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I.XHIBIT A
SKETCH OF 16" MASTER PLANNED WATER MAIN ROUTE
(TO BE PROVIDED BY THE COUNTY)
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EXIIIBIT B
PROJECT COST ESTIMATE
ESTIMATED COST OF IMPRQVEMENTS:
Item
Description
Estimated
Quantity
Unit of Measure Unit Price
Totat Price
I
Mobilization
3
LS -------------- _. -----
$30,000
2
Maintenance of Traffic
1
LS ---------------------
$60,000
3
16" Water Main
13,940
LF $65
$906,100
4
16" Butterfly Valves
20
EA $3,+0(x}
$60,000
5
2" Blowoff Assemblies
14
EA $1,500
$21,000
6
Fire Hydrants
10
EA $2,200
$22,000
7
16" Directional Hare
1,000
LF $175
$175,000
8
Cast Iron Fittings
25
TONS $6,200
$155,000
9
Bridge Attachments
3
BRIDGE $30,0(X)
$90,000
10
Restoration
l
LS ------------ -
$180.000
Subtotal
Contingency @10%
Engineering, Surveying &
Administration
Total Improvement Cost
Estimated. Coun!y Share
Developer's Share
$1499,100
$169,900
$ :31,000
$2,100;000
$2,100,000
$0
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