HomeMy WebLinkAbout2005-238h or
114
Stoney Brook Farm
CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS
NO . SD =04 -05 -17 -CFC (2003110240 =46697 )
THIS CONTRACT , made and entered into this 12th day of
July 2005 by and between Stoneybrook Farms Gro p , L . L . C . , a
Florida limited liability company , hereinafter referred to as " Developer, ' and INDIAN
RIVER COUNTY , a political subdivision of the State of Florida , by and thrc ugh 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 Stoney Brook Farm ; and
WHEREAS , the required improvements are to be i stalled 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 July 12. , 2006 , in a
good and workmanlike manner, those improvements described 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 .
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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 , 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 AmSouth Bank , as the
underwriting bank , in the amount of $2 , 505 , 624 . 63 , 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 .
Developer shall remain responsible for utility meter boxes , sewer clean
outs , and drainage culvert inverts , to be in good repair, accessible , correctly plumbed ,
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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 develo ment 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 Cou ty 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 , toge her 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 n 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 upol 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 beexhausted 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 D veloper 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 wrting .
9 . This agreement is the full and complete und erstE nding of the
parties and shall not be construed or amplified by reference to any othE r agreement ,
discussion , or understanding , whether written or oral , except as specifically mentioned
herein . This agreement shall not be assigned without the express writtel approval of
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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 .
STONEYBROOK FARMS GROUP , L . L . C . ,
a Florida limited liability company
WITNESSES : DEVELOPER
sign . C By
printgame :ame : Jee-r� Q �r�srsMark A . lKrackeft , Manager
signke :
prin � P .
INDIAN RIVER COUNTY , FLORIDA
By : S
Thomas S . Lowther , Chairman
Board of County Commissioners
ATTEST : Jeffrey K . Barton , Clerk
BCC approved : July 12 , 2005
By : 2SQ - _
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY :
By : It
William G . Collins II
County Attorney
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r
JOSEPH W. SCHULKE, RE. SCHULKE , B17LE & STODDARD , L . L . C .
JODAH B. BITTLE, P. E.
WILLIAM R STODDARD, Ph.D., P.E. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — Stoney Brook Farm Subdivision
I, Jodah Bittle, P .E. , A Florida registered engineer, License No . 57396, do hereby certify
to Indian River County that a cost estimate has been prepared under my responsible
direction for those improvements itemized in this exhibit and that the total cost estimate
for said improvements is $2 , 505 ,624 . 63 and represents the estimated cost to co struct the
remaining required improvements plus a 15 % contingency. This estimate has been.
prepared, in part, to induce approval by the county of the final plat and bond amount for
th& ` Stoney Brook Farm Subdivision, and for the purpose of establishing proper surety
a paint ssociated therewith.
I 111 ,r
op
Date : 7 v
Jodah ttle, P.E. No . 57396
EXHIBITA " -
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1717 INDIAN RIVER BLVD. , SUITE 301, VERO BEACH , FLORIDA 32960
TEL 772 / 770-9622 FAX 772 / 770-9496 EMAILsbseng@bellsouth .net
`_, �_. � _- 111 11_� - f�111 11
Erosion • • l LF 7795 $ 1 .30 $ 102133 .50 ;
� •
Excavation1 111 $2. 15 $3225500.00 ;
Final . 1 • $ 13000.00 $ 13000.00
Mamtenance 1 $ 15500.00 $ 13500.00
Guardrail 111 • - 1 - 11 11 $39100.00
1 1 1 1 {
r ' ".< .9 s Fsr Fi ' 4
StripingRoadway Grading SY 243228 $0 .65 $ 159748 .201
8" Stabilized Subgrade SY 24X8 $ 1 . 85 $44821 .8011
' 6" Rock Base SY 195967 $6 .85 $ 136773,95
Prime SY 1 %967 $0.35 $62988.45
1 " Type S-3 Asphalt SY 1 %967 $4.00 $799868 .00
: $69000.00 $6000.00
MiamiCurb LF 14,695 $9.00 $ 132255 .00
"Ffl Curb LF . ! $9.00 $5040.00
1 LF 13075 $8.00 $8fi00 .00
15' Sidewalk (82nd - : 1 $ 17. 50 $455150.00
Sod (including lake banks) SY 34595 $ 1 .30 $44973 .501
- � , - -e LF 097 - -00�- - 11
18" PVC
$900.00 $ 1800.00
Tapping161f x 8 " $3800.00 $37800. 00
Tapping - - : $35600.00 $33600 , 00
Directional Bore LF 125 $50,00 $6250.00
1 , - LF 6000 1 11 $603000 00
6" MJGV EA 11 • 111 111
HydrantFire 1 . 1 $25200,00 $ 13200 .00
� 4" PVC Pipe LF 81 $7 .00 $23660.00 ,
14" MJGV EA 1 11 $525 .00 '
Fittings111 11 $35000.00
Single ` 11 $5, 135 .00
:: Double 1 $575 . 00 $28750.00
Blow-offs LS 1 $ 1 11 $550.00
Sample ' 1 $400.00 $33200.00
Testing LS I 111 11 $ 19000,00
Wet Tap EA 2 $350.00 $700. 001
• 1 - 1 1 1 111 ' • 11 11
• 11 tit 11 111 11
1 11 1 1 11
1 1
it : 111
. f 1 11 111 11 l'/ I
11 1 11
Manhole 0'-6' EA 8 $ 15850.00 720�000 .00
00.00
Manhole 6'-8' EA 8 $2,500.00
Manhole 8'- 10' EA 7 $3, 150.00 50.00Manhole 10'- 12' EA 2 $3,600.00 , 00.00
Manhole 12'44' EA 3 $3,900.00 S113700.00
Manhole 14'- 16' EA 1 $4,300.00 $4,300.00
8" Pipe 0'-6' LF 13700 $ 16.00 $279200.00
8" Pipe 6'-8' LF 19650 $ 17.00 S283050.00
8 " Pipe 8'- 10' LF 19786 $ 19 .00 S33,934 . 00
8" Pipe 10'- 12' LF 790 $24.00 S183960.00
8" Pipe 12'- 14' LF 277 $26.00 $79202 .00
8" Pipe 14'- 16' LF 125 $28 . 00 $3 ,500.00 S
8" DIP LF 20 $60. 00 $ 1 ,200.00 V b
Single Service EA 35 $500.00 S17,500.00
Double Service EA 39 $575 .00 S22,425 .00
Testing LS 1 $99000.00 $9,000.00
3 " PVC Pipe LF 85 $5 . 10 $433 . 50
3 " MJGV EA 1 $400.00 $400.00
20" x 4" Tap w/ T & MJGV EA 1 $3, 100.00 $3, 100 .00
3 " Directional Bore LS 1 $ 19100. 00 $ 15100. 00
Lift Station LS 1 $979000. 00 97,000.00
Subtotal - s ' $ SI;OSd50
Tranformer Pads EA 24 $250.00 $69000.00
Primary Conduit LF 8,400 $3 .50 29,400. 00
Secondary Conduit LF 45550 $4. 50 205475 .00 dWL
Street Lights EA 31 $ 19200. 00 37,200.00 �� S
Electric Fittings LS 1 $5,000 .00 $55000.00
$ubtotal : u 98,(11 :110;
Survey Layout & As-Builts LS 1 $36,000.00 369000.00 k
PCP's LS 1 $39000.00 $3,000 . 00 // r
Engineering LS 1 $25,000.00 25,000.00 4i1P� D7
Testing LS 1 $ 13 ,000.00 133000.00
subtotat ' : 7a duo ao
Live Oak ( 10' height at planting) EA 50 $ 195 .00 $9,750.00 �� K
Laurel Oak ( 10' height at planting) EA 50 $ 195 .00 $9,750.00
Slash Pine ( 10' height at planting) EA 50 $ 185 .00 $9,250.00
Magnolia (10' height at planting) EA 47 $225 .00 103575 .00
East Palatka Holly ( 10' height at planting) EA 50 $220.00 11 ,000.00 '7
Crape Myrtle (5' tall at planting) EA 51 $ 125 .00 $6,375 .00
Ligustrum (5' tall at planting) EA 50 $ 125.00 $6,250. 00
Shrubs EA 988 $20.00 SI %760 .00
Mulch LS 1 $23500.00 $23500.00
Irrigation LS 1 $20,000.00 S20,000.00
Subtotal. . , =' $ , 05,210.0D` €
page 3 of 4
Maintenance of Traffic LS 1 $ 15,000.00 $ 153000.00 r �/
Clearing LS 1 $5 ,000. 00 $57000.00 D
Excavation CY 719 $3 . 00 $29157 .00 S
Erosion Control (Silt Fence) LF 1 ,000 $ 1 .30 $ 17300.00
Final Grading LS 1 $33000 . 00 $3,000.00
12" Stabilized Subgrade SY 27269 $4.85 $ 113004. 65
8" Coquina Base SY 21150 $ 15 .30 $325895 .00
Prime SY 21150 $0. 35 $752. 50
1 1/2" Type S- 1 Asphalt SY 1 ,778 $6.20 $ 115023 .60
1 " Type S-3 Asphalt SY 5,919 $4 . 00 $23,676.00
Striping & Signage LS 1 $3,000. 00 $3,000 . 00
"F" Curb LF 950 $ 10. 50 $95975 .00
Concrete turnouts EA 10 $300 .00 $3 ,000.00
Remove Existing Pipe LS 1 $5,000.00 $5 ,000.00
14" x 23 " HERCP LF 205 $35 . 00 $75175 .00
Curb Inlets EA 3 $2,050 .00 $6, 150. 00
18" CMP LF 26 $ 19.00 $494. 00
15" RCP LF 6 $20 . 00 $ 120 . 00
18" RCP LF 116 $39.50 $4,582 . 00
Mitered End Section EA 1 $300.00 $300.00
Relocate Fire Hydrant EA 1 $22000 .00 $29000.00
Re-set Existing Water Meter Boxes EA 4 $ 100.00 $400 .00
Guardrail Improvements LS 1 $35100 .00 $3, 100.00
Sod SY 764 $ 1 .30 $993 . 06
Subtotal w , 137097 SL
General/Earthwork $339,633 .50
Roadway/Right-of-Way $5265218.90
Water $ 1889678 . 00
Drainage $ 181 ,532.00
Sewer $351 ,054 . 50
Electric $98,075 .00
Professional $77,000.00
Landscape $ 1053210. 00
8th Street Turn Lane $ 1371097 . 81
SubtofaT $2,01)41499.'11;
Cox/
Jod Kittle, P ,E. No. 57396
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