HomeMy WebLinkAbout2000-154i
40
IGrace Oaks Subdivision
t'URMS(6V ti)1.rGAL(WGppAm' toor f Sly
corporate, for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REA,UIRED IMPROVEMENTS
NO. SD -99.07-09-A (99020172-20069)
THIS CONTRACT, made and entered into this 16th day of
May 2000 by and between Indian River County Habitat for Humanity,
Inc., a Florida non-profit corporation, 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 is commencing proceedings to effect 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
required improvements or has guaranteed to the satisfaction of the County that such
improvements will be installed; and
WHEREAS, Developer requests the approval and recordation of a certain
plat to be known as Grace Oaks Subdivision, and
WHEREAS, the required improvements are to be installed after
recordation of this plat under guarantees posted with the County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:
Fri,
1. Developer agrees to construct on or before
Fr . , 'A L(] [ in a good and workmanlike manner, those
improvements described as follows:
See Exhibit "A"
or otherwise required by the Indian River County Code in conne.:tion with the approval
of said plat. A copy of the plat shall be recorded in the Public Records of Indian River
County, Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes.
NO. $D -99.07-09-A(99020172.20069)
i
40
2. Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and
specifications for this subdivision approved by the County and on file in the Planntng
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 are hereby incorporated by reference and made a part hereof.
3. In order to guarantee performance of this contract, Developer shall
simultaneously herewith furnish an irrevocable letter of credit, having an expiration date
of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by
a banking institution authorized to transact such business in this state, in a form to be
approved by the County, naming Developer as customer and PNC Bank, as the
underwriting bank, in the amount of $82,415.00, which amount is not less than one
hundred fifteen percent (115%) of the estimated total cost of improvements remaining
to be constructed, as determined in accordance with the County's Subdivision and
Platting Ordinance. It is understood that the full amount of the letter of credit shall
remain available to the County and shall not be reduced during the course of
construction without an express written modification thereof executed by all parties.
Requested reductions shall not be unreasonably withheld by the County. Developer
may at any time 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 carried by Developer or to be obtained during the course of
the construction of the subdivision improvements, Developer agrees to indemnify, hold
harmless, and defend the County against any and all claims, damages, losses, and
expenses, including attorney's fees, for property damage, personal or bodily injury, or
loss of life, arising from the negligent acts or omissions of the Developer, its officers,
employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the
construction of the required improvements, including all those improvements to be
constructed on existing publicly dedicated or County -owned property, such as street,
sidewalk, bikepath, lighting, signalization, 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 compliance with all
applicable provisions of the County's Subdivision and Platting Ordinance and upon
execution hereof. The County shall accept those areas specifically dedicated to the
County for the purposes indicated on the plat at the time of plat recordation. However,
nothing herein shall be construed as creating an obligation upon the County to perform
any act of construction or maintenance within such dedicated areas until such time as
the required improvements are satisfactorily completed. Satisfactory completion in
NO. SD -99-07-09•A (99020172.20099)
i
40
•
accordance with the land development permit, plans, specifications, and ordinance
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 his designated
representative, after receipt of a signed and sealed Certificate of Completion from the
project engineer of record.
6. In the event the Developer shEll fail or neglect to fulfill its
obligations under this contract and as required by the Indian River County Code, the
Developer, as principal, and the letter(s) of credit shall be jointly and severally liable to
pay for the cost of construction and installment of the required improvements to the final
total cost, including but not limited to engineering, construction, legal and contingent
costs, including reasonable attorney's fees incurred by the County, together with any
damages, either direct or consequential, which the County may sustain as a result of
the failure of Developer to carry out and execute all provisions of this contract and
applicable ordinances of the County. In no event, however shall the liability of the
underwriting bank under this paragraph exceed the total amount of the original
obligation stated in the letter(s) of credit, less any approved reductions thereto.
7. The parties agree that the County at its option shall have the right,
but not the obligation, to construct and install or, pursuant to receipt of competitive 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.
Developer expressly agrees that the County may demand and draw upon the existing
letter(s) of credit for the final total cost of the improvements. Developer shall remain
wholly liable for any resulting deficiency, should the letter(s) of credit be exhausted prior
to completion of the required improvements. In no event shall the County be obligated
to expend public funds, or any funds other than those provided by the Developer, or the
underwriting bank to construct the required improvements.
8. Any letter(s) of credit provided to the County by Developer with
respect to this contract shall exist solely for the use and benefit of the County and shall
not be construed or intended in any way, expressly or impliedly, to benefit or secure
payment to any subcontractor, laborer, materialman or other party providing labor,
material, supplies, or services for construction of the required improvements, or to
benefit any lot purchaser(s), unless the County shall agree otherwise in writing.
9. This agreement is the full 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
herein. This agreement shall not be assigned without the express written approval of
the County. Any amendment, deletion,
NO. 8D -99-07-09-A (99020172.20069)
CI
40
40
modification, extension, or revision hereof or hereto shall be in writing, executed by
authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
INDIAN RIVER COUNTY HABITAT FOR
HUMANITY, INC., a Florida non-profit
corporation
DEVELOPER
WITNESSES:
sign: ri 6y �Je7v 1��
print name:`z✓�Q 1, David E. Pearson, President
sign: �
print name:[es.rrr Nr CoI iia
ATTEST: Jeffrey K. Barton, Clerk
C,
Deputy Clerk, f
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
William G. Collins Il
Deputy County Attorney
NO. SO -99-07-09•A (99020172-20069)
(affix corporate seal)
INDIAN RiVER COUNTY, FLORIDA
By:J IGT.
Fran B. Adams, Chairman
Board of County Commissioners
4
•
C-1
0
-POO 00=11we"
TehV1**: 50 • Fscdn 1r M4"17
March 6, 2060
This letter shall serve as our cost certification for the site related improvements for the subject
project. This cost certification is based on the actual construction cost contracts from Cathco,
Inc. to perform the work (see attached). We certify that the construction costs are as follows:
GRACE OAKS SLIBDIVISIOtt
1. Basic Quote $58,223.00
2. Change Order No. l S 300.00
3. Fire Line Additian10 4.7.00 1. 0 9 2— 7, , 0
4. Waterline Change from 2" to 4" 5 2,215,00
Sub -total S71,665.00 7
15%o Bond Increase
$11750.0
A
fond. Should you
RLNVjb
^•
MC. ID$n McCoy
�'4R
R?.1000
Planning Department
=.
Indian River County
�t
1840 - 25th Street
Vero Beach, FL 329%0
-� B 91911
5ubjcct:Grace Oaks Subdivision
R+ mAR
IRC #99020172
Indian River County, Florida
l C zz
Engineer's Project No. 98-533
ENOt�
Dear Mr. McCoy=
This letter shall serve as our cost certification for the site related improvements for the subject
project. This cost certification is based on the actual construction cost contracts from Cathco,
Inc. to perform the work (see attached). We certify that the construction costs are as follows:
GRACE OAKS SLIBDIVISIOtt
1. Basic Quote $58,223.00
2. Change Order No. l S 300.00
3. Fire Line Additian10 4.7.00 1. 0 9 2— 7, , 0
4. Waterline Change from 2" to 4" 5 2,215,00
Sub -total S71,665.00 7
15%o Bond Increase
$11750.0
A
fond. Should you
RLNVjb
tO
4M
rro* Catn'a M h, .-wl l:6.•':K • =u W - V)' s�qr a�� : rr.frj :.t—cs •. 'M ::e M
CATHCO, INCm
I
P.U. BOX 6432 4 VERO BEACH, F'L 32961 *(5610624M 14 • F.kX (561) 5+62.0173
Date: November 19, 1999
To: Indian River Count) Habitat for Hunuinw.. Inc f.L\: 561-562.8732
Ann: William P. Elliott. Construotton Coordinator
2209 18th .Avenue
Vero Beach. FL :42960
REVISED
Proposal For. HABITAT FOR HL'NIANFl-4
KINGS VILLAGE SUBDIVISION 44TH STREET
11 a herebc propose to furnish labor, equipment and materials for the fulla►autg:
CLEAR &: GRUB and STRIP
SITE CL7. FILL & GRADE
STABILIZATION 8". COQLI.\A ROCK 6"
REMOVE XND REGRA JE E\ISTI\G R0.kD`-`'.A1'
-\5FlLAL.T PAVEMENT and PAVEMENT MARKINGS
STORM DR -LINAGE
CH.A:ti LINK FENCE and R.-VILROAD TIE W.2,LL
kVATER 8c SEWER
TrS T:NG, LAYOLT andMOBILIZATION
For :she iofa1.4u:o:aruor: FIFTY EIGHT THOND T110 HUNDRED
TIVENTl' THREE DOLL.#RS A D NO CEN T* (558.223.00)
yOTES:
1 U+a Txi G.C. to provide C.A D. di+l, for lasau: purpuo%
EXCLUSIONS:
Permits, Enrtnteering: BonJs & Fees: Sod. Seed lu;ch. anc Landscapin£. l-nea,lon S%gent. R-1,—ir Rel.kariort
of Existing Utdwes Son ices in Cotulic-,with tlnc \1'4x-1.: Ren -.o al. Dicpc.:.! and 2t1 la.en cnt u1 t'r•tt.tsh.e
:1laterials..V-Built DT;wrings
This propossl subject to acceptance ►within 311 da%s and 6 ►uid there after at the opt nn of the• undeaaidned.
Respe4-tfuil sshmntad,
Stephen Reed
as agent for Catheo. Inc.
,off
° '.J' "� U
e
CHANGE ORDER
Protect Site GRACE OAKS Change Order # 01
To Cathco, Inc fate January 18 2000
PO Box 6432
Vero Beach. Florida 32961
The Agreement dated January 12. 2000, between the Contractor. Cathco.
Inc . and Indian River County Habitat for Humanity (the -'Agreement") is hereby
changed as follows
To reflect changes to the blueprints by Mosby & Associates re Grace
Oaks, dated 1/8/00 — change in outfall structure
Defined terms contained in this Change Order shall have the same
meaning set forth for such terms in the Agreement, unless the context clearly
requires otherwise
The original Contract Sum was $ 58 223 00
Net change by previously authonzed Change Orders S 00
The Contract Sum prior to this Change Order was $58.22300
The Contract Sum will be increased by this Change Order
in .the amount of $ 30000
The new Contract. Sum including this Change Order shall be $ 58 523 00
The above Change will not effect the previously commuted completion date
Indian River County
Habitat for Humanity Inc
Cal,.CD Inc
db
40
�2 O1fxOrts7 lti:ta VAS 3111511201r"1T7[co t\C IRol
HC INCM
P.O. BOX 6432 • VERO BLACH, FL 32961 • (561) 562-8814 h FAX (561) 562-0173
Februan' 01, 2000
Indian Rj%er County HaWlat for Humard V, inc.
FkX- 561-562-8732
Attw David Pearson, President
?20918th .Avenue
Fero Beach, FL 32960
Re: HABITAT FOR 1111MAKITY
Grace Oaks Subdivision
water Service Changes
Dear W Pearson
Glue to :he z+anges in pans we received on Januar, 16. 20X)
%ve PraFoie :o Furnish
labor,
eq.jiFmeat a. -d materia; far the following
M LF 6', PVC
15.00
5 3.' 04.00
• EA HYDRANT
2.160.00
S 2.464-00
t EA JUMPER
+.58o 00
S I M0.00
EA ROAD CROSSING (34th Ct)
600.00
S 607.00
1 EA ROAD CROSSING (441h Sl)
1.200.00
S 1,200-00
EA TIE-IN TO EXISTING 10" MAIN
75000
S 75000
EA SOO R.O W
680 00
$LLOD
SUBTOTAL
$10 850 00
LS DELETE 2 -'TAP & ROAD BORE
(S-3 Jo)
($ 737 .70)
SUBTOTAL
S10.M.00
O 4 P
$ 909.00
TOTAL
$10.127.00
You w1U need to issue a changt order for this additional
worm Please le[ n1e knowii yor: have ani•
qucsticns or require additions) information
rr
e.
Stephen Reed
as agent for Cathco, Inc
�¢
i
i
d2.29'2i790 15:15 FAX SiM211;1.,
t
C
ATH INCm
P.O. BOX 6432 k PERU BEACH. FL 32961 • (561) 562-8814 - FAX (561) 562.0 173
February 29, 2000
Indian Eiver County Habrtat for Hu::ta:uty, Inc. 1`,". 561.562-8732
Attn: David Pearson, President
220918th Avenue
Pero Beach, FL 32960
Re. HABITAT FOR HUMANT11"
Grace calks Subdivision
Water Service Changes
Bear hY Pearson
Per your request on Febneary ; 3. 200,. 'xe propose tl.e cza ges hsted '_eiow for the rave Oaks
Subdivision Contract
1 Irstall 6" P VC neater hnr on :-tr w est std'r of t4t:t Cour? R 0 tib' f-orn the exkune 10-' main
or, 44th Street cc a pocnt or. me tine bezv.een Lots 4 & i .n Grace 0e1: SubdYc:.ijn T-r�s
installation includes tic -in at tht rbs inu 1!1` water line. Jumper l :e b}dram and Road & R,0 1A'
restoration All water materiahfbir Jus iters are tc be supplied by 1 R C t,.Itd; ies
S8,950.0f1
2 Install 4" P V C water line on 44,h Street in iseu of 2" P V C S2,215.00
For the total amount of. F.i,F.%rF%; T110i'SAND ONE HUNDRED SL\n FIVE
DOLLARS AND NO CENTS (511,165,00)
Please nate this change supersedes proposal for %Fater 5eni=e Changes. cared Fc.irta^.• 31.."'.0'00, due
to additional changes in plan detar:
You v,'rl' need to issue a cnang'e order :.`r ,Itis adda i;i u, 'i Pease let me ti'.r;U t if %iti nz%e ani
questions regarding this proposaS 41 y,1
Sinrxrel►•. n 11��� ems` , �^•
7! v
Steptsen Reed
as agent cur Cathco. Inc