HomeMy WebLinkAbout2006-293A Westfield Subdivislon
CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS
NO . SD-03-11 -26-CFC (2003060192=46384)
THIS CONTRACT, made and entered into this 22nd day of
Auaust , 2006 by and between Westfield of Vero Development Company, a
Florida 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 Westfield 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:
1 . Developer agrees to construct on or before August 22, 2007 , in a
good and workmanlike manner, those improvements described as follows :
See Exhibit "A7 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 .
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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 Division , and all County development regulations and standards,
including conditions and requirements of any applicable County right-of-way permit, ail
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
a )proved by the County, naming Developer as ^ customer and
_L 6 /eni 4� n E NA 1861 F{ihrseus Btia•,nc /� 329o1 , as the
underwriting bank, In the amount of $29,066.56 , which amount is not less than one
hundred twenty-five percent ( 125% ) 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 unless approved In writing by the County's Public Works Director
pursuant to Indian River County Code Section 913 . 10 . Requested reductions shall not
be unreasonably withheld by the County, but shall be subject to administrative fees as
established 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 .
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08 / 03 / 2000 THU 9 : 07 [ JOB NO . 7829 ) 00 :
Developer shall remain responsible for utility meter boxes , sewer clean
outs, and drainage culvert Inverts , to be in good repair, accessible, correctly plumbed,
and not covered with topsoil, concrete or Impervious material for the 3-year
maintenance period commencing after County issuance of a Certificate of Completion .
Notice of this ongoing responsibility shall be provided by Developer to any subsequent
builder/homeowner.
Satisfactory completion in 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 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 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 latter(s) of credit be exhausted prlor
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 .
S . 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
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08 /03 / 2006 TSU 9 : 37 [ JOB N0 . 78291 Z D0 .
herein , This agreement shell 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.
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written.
WESTFIELD OF VERO DEVELOPMENT '
COMPANY, a Florida corporation
WITNESSES , EVELOPER
Sig�Q SY
print name: E• CHoer37 IA-1` Roy J. Penbe, President
sign
print nam : Ze,# 42LrWa ✓!-
INDIAN RIVER COUNTY, FLORIDA
r
By:
oseph A. Baird
County Administrator
Authority: Resolution No . 2005-121
COUNTY
BCC approved plat: August 2 , 2005
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
U4Marian E . ell '
Assistant County Attorney
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ENGINEER'S COST ESTIMATE
WESTFIELD SUBDIVISION
7/62006
1, John H. Blum, P.E., a Florida Registered Engineer, license Number 45813, do hereby certify to Indian River County that a cost
estimate has been prepared under my responsible direction far those itemized in this exhibit and that the total cost
estimate for said remaining improve ce nts is S23;I53.25 . This estimate has been prepared, in pert, to induce approval by the
County of a final plat for the Westfiled Subdivision, an for the pure°M,af establishing proper surety amounts associated therewith.
l� rd� 7 (-r►Oc.
Jahn Blum, P.E. *4$813 Date:
ITFM UNIT SCHEDULE PERCENT TOTAL BALANCE TO
NO. DESCRIPTION UANTITY UI?IT PRICE VALUE COMPLETE COMPLETE FINISH
1.00 EARTHWORK
1 .01 Mobilization I L.S. 52,728.00 52,728.00 1009/0
$2,728.00 $0.00
1 .02 Clearing and Grubbing 37 AC. $3,682.00 5134,76120 100% $134,761 .20 50.00
1 .03 Imported Fill & Carnpaction 141475 C.Y. $5.00 $72,375.00 1DO% $72,375.00 50.00
1.04 On-Site Grading 1 L.S. $47,488.00 547,488.00 100% $47,488.00 50.00
1.05 Excavation (Lake) 97,000 C.Y. $2.35 $227,950.00 100% $227,950.00 50,00
1.06 Sodding (Lake Area & Landscape Tracts) 7,000 S.Y. $2.25 $ 15,750.00 100% $15,750.00 50.00
1 .07 Erosion Control 1 L.S. $9,106.00 59,106.00 100% $9,106.00 $0.00
Sub-Total $510,158.20 $510, 15820 $0.00
2.00 PAVING
2.01 8" Stabilized Subgrade 16,000 S.Y. 54.10 $65,600.00 LOM/e 565,600.00 $0.00
2.02 6" Limerock Base 13,300 S.Y. 57.85 5104,405.005104,405.00 $0.00
2.03 1 " Type $-III Asphalt 13,300 S.Y. $4. 15 $55, 195.00 100% $55,195.00 $0.00
2.04 2' Miatni Curb 8,700 LF. 59.45 582,215.00 100% $82,215.00 $0.00
2.05 6" Type 'D" Curb 230 L.F. $12.50 $2,875.00 100% $2,875.00 $0.00
2.06 Common Area Sidewalks 202 S.Y. $45.90 $9,271 .80 100% $9,271 .80 $O.OD
2.07 RI-1 Stop' Sign 3 EACH 5300.00 $900.00 100% $900.00 $0.00 -
2.08 24" White Stop Bar 3 EACH $200.00 $600.00 100% $600.00 $0.00
2.09 12" White Crosswalk Bar 170 LF. 51 .00 $ 170.00 1DO% $170.00 50.00
2.10 6" Striping 400 LF. $0.40 5160.00 100% $160.00 $0.00
2.11 Emergency Access Drive (Stabilization) 235 S.Y. $4.10 $963.50 0 c $0.00 5963.50
2.12 Sodding - Emergency Access Drive 235 S.Y. $2.25 $528.75 0% 50.01) 5528.75
Sub-Total $322,884.05 $321 ,391 .80 $ 1 ,492.25
3.00 DRAINAGE
3.01 15" R.C.P. 333 L.F. $32.90 $ 10,955.70 100% $ 10,955.70 $0.00
3.02 18" R.C.P. 315 LF. $39.25 $ 12,363.75 100% $ 12,363.75 $0.00
3.03 18'X12" E.R.CP. 54 LF. $32.90 $1,776.60 100% 51,776.60 $0.00 a
3.04 18" CAP. 1,559 LF. S41.50 $64,698.50 100% S64,698.50 50.00
3.05 Control Structure 1 EACH $3500.00 53,500.00 1000/0 $3,500.00 $0.00
3 .06 Type P' Structure 19 EACH $2,600.00 $49,400.00 100% $49,400.00 50.00
3.07 Type 'C' Structure 1 EACH $2, 100.00 $2,100.00 100% $2,100.00 30.00
3.08 Mitered End Section 2 EACH $500.00 SI,D00.00 100% 51,000.00 50.00
3.D9 Existing Structure Modification / Pipe Extensi 2 EACH $ 1,000.00 52,000.00 1000/0 $2,000.00 50.00
Sub-Torsi $ 147,79455 $ 147,794.55
4.00 SANITARY SEWER
4.01 8" Sanitary Sewer 41177 L.F. $25.50 5106.513.50 100% $106,513.50 50.00
4.02 Double Service Connection 64 EACH S540.00 $34,560.00 1000/go $34,560.00 $0.00
4.03 Single Service Connection 9 EACH $510.00 54,590.00 100% $4590.00 SO.00
4.04 Standard Sewer Manhole (0-12' Cut) 12 EACH $2,800.00 533,600.00 100% $33,600.00 $0.00
4.05 Drop Sewer Manhole (0-12' Cut) 1 EACH 53,800.00 $3,800.00 100% 53 ,800.00 $0.00 ,
4.06 Standard Sewer Manhole (12'-16' Cut) 3 EACH 43,700.00 511 ,100.00 . 100% 511 , 100.00 $0.00
4.07 Standard Sewer Manhole ( I6'-20' Cut) 1 EACH $5,000.00 $5,000.00 100% 55,000.00 $0.00
4.08 lift Station 1 EACH 594,000.00 $94,000.00 1W/o S94,000.00 50.00
4.09 4" Force Main & Tapping SleeveNalve I L.S. 53200.00 $3,200.00 100% $3 ,200,00 $0.00
Sub-Tom] $296,363.50 $296,363.50 $0.00
Daae
5A 0 POTABLE WATER
5.01 16" x 6" Tapping Sl"ve & Valve 1 EACH 54,500.00 54,5D0.00 100% 54,500.00
5.02 10" x 6" Tapping Sleeve & Valve I EACH 53,900.00 53,900.00 100% 50.00
5.03 6" Directional Bore $3,900.00 50.00
1 L.S. $5,200.00 55,200.00 1004/. $5,200.00
5.04 Fi Gate Valves 10 EACH 5700.D0 57�000.pp 100% 50.00
5.05 Fire Hydrant Assembly (w/ Valve & Tee) 5 P.ACH 37,000.00 50.00
53,100.00 $ 15,500.00 100% $ 15500.00 SO.00
5.06 6" PVC Wacer line 4,436 LF. 51330 5581999.80 100% 558,996.80
5.07 Double Service 65 EACH 5635.00 541,275.00 100% 541,275.00 $0.00
5.08 Single -Off 7 EACH $500.00 $3500.00 1O00/o -. S3,500.00 00 50.00
5.09 2" Blow-Off I EACH 51150.00 $850.00 100% 5 SO.00
5850.00 50.00
Sub-Total $140,723.80 5140,723.80 $0,00
6.00 MISCELLANEOUS
6.01 Strtetlights 9 EACH $ 1 ,200.00 $10,800.00 100% 310,800.00 t
6.02 Landscaping 50.00
Canopy Tnes (Oaks, Palms, Hollys) 78 EACH 5300.00 $23,400.00 100% $23,400.00 50.00 i
UnderatoryTr"s (Myrtles, Oleanders) 94 EACH
$150.00 $ 14,100.00 100% 514,100.00 50.00
- 6-Foot High
PV F 775 EACH 57.50 $5,812.50 1000/, $5,812.50
- 6-Foot PVC Fence 4,930 L.F. 532.00 $ 157,760.00 100% $157,760.00 $000
6.03 Aske-Out I LS. $20,000.00 $20,000.00 100% $20,000.00 50.00
6.04 As-Buil[ Surveys 1 L.S. $9,000.00 59,00000 p% SO-00
6.05 Installation of PCP's .
1 L. S. $200000 $0.00 $9,000.00
6.06 Lot Comer Monumentation $2.000'00 100% $2,000.00 50.00
138 LOTS 5100.00 $ 13,800.00 100% $ 13,800.00
6.07 Engineering / Inspections 1 LS. $101000.00 SI0,000.00 95% 591500.00 50.00
5500.00
Sub-Total $266,672.50 5257, 172.50 59,500.00
7.00 OFF-SITE ROADWAY IMPROVEMENTS
7.01 16th Street Tom Lane
- Import Fill 1495 C.Y. $6.45 $9,642.75 100% $9,642.75
- Grading 1 L.S. 59,790.00 $0.00
- 12" Stabilized Sub 59,790.00 100% 59,790.00 $0.00
8rade 1385 S.Y. 54.85 56,71725 IDV% 56,71725 $0.00
- 8" Limerock Bele 1025 S.Y. 51530 515,662.50 ] OD0/o $15,662.50
- 1 .5" Type S-I Asphalt (Base Course) 895 S.Y. $620 55,549.00 100% 55,549.00 $0.00
- I " Type S-ID Asphalt (Surfece Course) 6405 S.Y. 54. 15 $26,580.75 ]00% 526,580.75 50.00 t
- Striping 1 LS. 512,625.00 512,625.00 100% 512,625.00 50.00
- 16th Street Sidewalk 640 S.Y. $45.90 529,376.00 $0.00
7.02 82nd Avenue Tum Lane 100% 529,37 - $0,00
- Import Fill 2200 C.Y. $6.45 $ 14, 190.00 100% $ 14,190.00
- Grading 1 LS. $ 18,750.00 50.00
518,750.00 ] 00% $ 18,750.00 50.00
- Type 'C Catch Basin 1 EACH $2,100.00 52,100.00 0%
- 18" C.A.P. 84 LF. $0.00 $2,100.00
$41 .50 53,486.00 0% $O.00 $3,486.00
- Re-Grade Swale 525 LF. $5.00 52,625.00 O4/"
- Ire-Sod Swale $0.00 $2,625.00
- 12" Stabilized Subgrade 1800 S.Y. 52.25
54,050.00 0% 50.00 54,050.00
4375S.Y. $4.85 $21,218.75 100'/. 521 ,218.75 $0.00
- 8" Lim rock Base 3204 S.Y. 51530 $49,02110 100% 549,021.20
- 1 .5" Type S-I Asphalt (Base Comae) 2825 S.Y. $6.20 S17.515.00 100% 517,515.00 SON
-
[ " Type 5-ID Asphalt (Sulfa" Goatee) 8255 S.Y. $4. 15 534,25825 $0.00
lOD% $34,256.25
. Striping I LS. $13,965.00 $13,965.00 $0.00 -
- I00% 513,965.00 $O.00
82nd Avenue Sidewalk
700 S.Y. 545.90 $32,130.00 100% $32,130.00 $0.00
Sub-Total 5297,142.45 $284,881 .45 $ 12,261.00
Remainin Ira mvement Total $1,9819739.05 98.83% 51,958 485.80 $23 5335
Letter of Credit Amount 125% 529,06656
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