HomeMy WebLinkAbout2003-096 v
PLANLEGAL(WGC/nhm) 77 - /\
for use with performance bond
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . PD =01 -02 -08 -CFC (9910011447981 )
THIS CONTRACT , made and entered into this 22nd day of April
2003 , by and between The Suntree Partners , a Florida general partnership existing
under the laws of the State of Florida , 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 Citrus Springs Village " C " — P . D . — Phase II ; 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 :
1 . Developer agrees to construct on or before (�j C45Y , in a good
and workmanlike manner, those improvements describe as follows .
See Exhibit "A" attached hereto
or otherwise required by the Indian River County Code in connection 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 .
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 Planning and Development
i
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 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 set forth in paragraph 1 , or until the
covenants of this contract have been fully complied with and satisfactorily completed as
determined by the County pursuant to paragraph 5 below, in a form to be approved by the
County, with Developer as principal and Contractors Bonding and
Insurance Company
as the surety, in the amount of $ 122 , 921 . 52 , 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 guaranty shall remain available to
the County and shall not be reduced during the course of construction without an express
written authorization from County. 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 and hold
harmless 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 accordance with the land
development permit , plans , specifications , and ordinance requirements of Indian River
2
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 shall 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 guarantor or surety 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 guarantor or
surety under this paragraph exceed 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 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 guaranty or surety for the final
total cost of the improvements . Developer shall remain wholly liable for any resulting
deficiency , should the guaranty or surety 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, the guarantor, or surety , 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 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 , modification , extension , or revision hereof or
hereto shall be in writing , executed by authorized representatives of both parties .
3
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
THE SUNTREE PARTNERS, a Florida
general partnership , DEVELOPER
WITNESSES : By: HMM , INC . , a Florida corporation ,
eneral Partner
_..
sign : B -
print name : c5 hUb F�-�1 I- . wblfT n D . Haley, Presi
sign :
print name : .Sa tl
INDIAN RIVER COUNTY , FLORIDA
r� n
By : . '
nneth R . acht , Chairman
�- oard of County Commissioners
A:!!,: Jeffrey K . Bart lerk
BCC approved * 4 / 22 / 03
L
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BYO _ a
William G . Collins II
County Attorney
4
*JOSEPH WSCHUUCE, PE, SCHULKE , BITTLE & STODDARD , L .I . C .
JODAH B. BITTLE, P.E.
WIWAM P. STODDARD, Ph.0. , PE CIVIL & STRUCTURAL ENGINEERING LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — Citrus Springs Village C-2
I, J'odah B . Bittle, A Florida registered engineer, License No . 5 73 96, do hereby certify to
Indian River County that a cost estimate has been prepared under my responsible
direction for those improvements itemized inthis exhibit and that the total cost estimate
for said improvements is $ 122, 921 . 52 . This estimate has been prepared, in part, to
induce approval by the county of a final plat for the Citrus Springs Village C-2, and for
the purpose of establishing proper surety amounts associated therewith.
® / I
`L�-- Date : 9ft 3- cc
1
0
d0 B . Bittle, P .E . No , 57396
EXHIBIT
A
1140 Th COURT, SUITE F VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EmA1L sbseng@gate . net
COST ESTIMATE FOR CITRUS SPRINGS VILLAGE C4 ,
DESCRIPTION I UNrr QUANTITY I UNIT PRICE I TOTAL % REMAIN. BOND TOTAL
ROADWAY/RIGHT-OF-WAY
11/211 Type S asphalt SY 2955 $5 .65 $ 16, 695 . 75 100 . 00% $ 161695 . 75
6" Compacted Base SY 2955 $5 . 00 $ 142775 . 00 100 . 00% $ 14X5900
8 " Stabilized Subgrade SY 3630 $ 1 .25 $4,537 .50 100 . 00% $47537. 50
24 Mod. Miami curb LF 2420 $8 . 00 $ 197360 .00 100 . 00% $ 19,360. 00
Subtotal $55,368.25 100 . 00% $55,368.25
DRAINAGE
Type C Inlet EA 1 $ 11100. 00 $ 12100 .00 0 . 00% $0. 00
Modified Mimi Inlet EA 6 $ 12500. 00 $9, 000 .00 0 . 00% $0 . 00
15" ADS Pipe LF 174 $ 19 . 00 $32306 . 00 0 . 00% $0. 00
18" ADS Pipe LF 685 $31 . 00 $21 ,235 . 00 0 . 00% $0 . 00
18 " CAP w/Collar LF 80 $47 . 00 $37760 . 00 0 . 00%
$0. 00
Subtotal $389401 .00 0 . 00% $0000
WATER
6" PVC LF 1155 $ 18 .25 $212078 . 75 10 . 00% $23107. 88
6" MJGV w/Cont Pad EA 1 $775 . 00 $775 . 00 ' 10 . 00% . $ 77, 501
Fire Hydrant Assembly EA
Y Y 2 $3 , 080 . 00 $6, 160 . 44 10 . 00% $616 . 00 4.
Single Service EA 8 $575 . 00 $4,600 . 00 10 . 00% ` $460. 00
Double Service EA 9 $715 . 00 $6,435 . 00 - 10 . 00% $643 . 50
Subtotal $39,048. 75 10 . 00% - $3,904,88
SEWER
8 " Sewer (0'-6) LF 928 $ 18 . 75 $ 179400. 00 10 . 00% ' $ 1 ,740. 00
8 " Sewer (64 ') LF 169 $26 . 50 $4,478 .50 10. 00% ' $447. 85 '
M (01-6) EA 4 $2, 750 . 00 $ 112000 . 00 10 . 00% ' $ 12100. 00
Single Service EA 9 $550 . 00 • $4, 950 . 00 10. 00%, $495 . 00
Double Service EA 9 ` $595 , 00 ! $53355 . 00 10 . 00% ' $535 .50
Connect to Exist Manhole EA 2 , $300 . 00 $600. 00 10 . 00% $60 . 00
TV Camera mon LS 11, $ 12650 . 00 $ 1 , 650 . 00 100 . 00% • $ 12650 . 00
Subtotal $459433.50 13 .27% $6,028.35
MISCELLANEOUS
Mobilization LS 1 $4, 000 . 00 $42000 . 00 50.00% $22000 . 00
Strip Organics Off Roadway LS 1 $700. 00 $700. 00 0 . 00% $0 . 00
Roadway Grading After Utilities LS 1 $ 1 , 800 . 00 $ 12800 . 00 100. 00% $ 12800 . 00
Final Dressing BOC to ROW LS 1 $2, 800 . 00 $22800. 00 100 . 00% $200 . 00
Sod Back of Curb SF 7260 $0. 18 $ 17306 . 80 100 . 00% $ 11306 . 80
Subtotal $101606.80 74.54% $7,906.80
r
SURVEY
Stake-out LS 1 $3,700 . 00 $31700 . 00 0 .00% $0 .00
Monuments (Lots/PCP's) LS 1 $2,200 . 00 $2,200 . 00 100 . 00% $2 ,200 .00
As-builts LS 1 $31000 . 00 $37000 . 00 100 . 00% $32000 . 00
Subtotal $89900.00 58 .43 % $59200.00
LANDSCAPING/IRRIGATION
Landscaping* LS 1 $ 103800 . 00 $ 10, 800. 00 100 . 00% $ 102800 , 00
Irrigation LS 1 $ 1300 . 00 $ 13 , 680 . 00 100 . 00% $ 137680 . 00
* I 00' of 25 ' Wide Type C Buffer
800' of 25 ' Wide Type D Buffer Subtotal $249480.00 100 . 00% $249480.00
ENGINEERING
Inspections LS 1 $32000. 00 $32000. 00 100 . 00% $350000 . 00
Certification LS 1 $ 1 ,000 . 00 $ 11000 . 00 100 . 00% $ 1 , 000 . 00
Subtotal $49000.00 100 . 00% $49000.00
TOTAL CONTRUCTION COSTS
ROADWAY/RIGHT-OF-WAY $55,368.25 100 . 00% $555368.25
DRAINAGE $389401.00 0 . 00% $0.00
WATER $399048.75 10 . 00% $3,904.88
SEWER $45,433.50 ' 13 .27% $61028.35
MISCELLANEOUS $109606.80 74 . 54% $7,906.80
SURVEY $8,900.00 58 . 43 % $59200.00
LANDSCAPING/IRRIGATION $249480.00 100 . 00% $249480. 00
ENGINEERING $4,000.00 • 100 . 00% $49000.00
TOTAL $2269238.30 47 .25% $106,888. 28
PLUS 15% $33,935.75 $169033.24
GRAND TOTAL . $260,174.05 $122,921.52
Prep and ceby:
� Date: �7' - 3 ' cF3
jodA B. Bittle, P.E.
FAe8. No. 57396