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Lexington Place Subdivision - Phase l
CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS
NO . SD -04 -04-16 -CFCPHI (2002020162)
THIS CONTRACT, made and entered into this I s day of
k h , 2005 by and between SUNLAND DEVELOPMENT, INC ., 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 Lexington Place Subdivision - Phase 1 ; 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 June 21 , 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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FAAttomey\Nancy\DOCSIPLANIk for con w Ioc Lexington place ph Ldoc
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
NCkr - 1 imCAl Q + �4 $ an k , as the
underwriting bank, in the amount of $ 1 ,007 , 173 . 57 , which amount is not less than one
hundred fifteen 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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FAAttomey\Nancy\DOCS\PLAN\k for con w ioc Lexington place ph Ldoe
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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 toe 3-year
maintenance period commencing after County issuance of a Certificate ofompletion :
Notice of this ongoing responsibility shall be provided by Developer to any subsequent
builder/homeowner.
Satisfactory completion in accordance with the land develop en t permit,
plans , specifications , and ordinance requirements of Indian River Coun y shall be
determined by the County and shall be indicated by specific written app oval 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 fall or neglect tlo 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 Iia ility of the
underwriting bank under this paragraph exceed the total amount of the original
obligation stated in the letter(s ) of credit , fess any approved reductions thereto .
7 . The parties agree that the County at its option shall hav 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 te 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
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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 bath parties .
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
SUNLAND DEVELOPMENT , INC . , a Florida
WITNESSES : corpora ' DEVELOPER
sign : G , b UM B
print name : Cek I n Dt vg l c\ mS Rona M . H , anaging mber
sign :_
print name . � � I
INDIAN RIVER COUNTY , FLORIDA
By: So
Thomas S . Lowther, Chairman
Board of County Commissioners
ATTEST: Jeffrey K . Barton , Clerk
BCC approved : 6/ 21 /05
By:r.N')
Deputy Uerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY :
By: Kw4
William G . Collins II
County Attorney
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1 -Jun-05
Lexington Place Phase One Cost Estimate
SCHEDULE 1 - SITEWORK ( Onsite)
Unit
Item Description Quantity Unit Price Total
1 Mobilization & Supervisor ( For Onsite Work) 1 LS 42 , 337 . 50 $42,337 .50
2 Erosion Control
A. Staked Silt Fence 111440 LF 1 . 50 17 , 160 . 00
B . Bahia Sod ( Dry Ponds , B . O. C . , Walks) 381 , 973 SF 0 . 19 72 . 574 . 87
Sub-total Erosion Control $895734.87
3 Clearing, Grubbing, & Burning 24 AC 31890 . 00 $941604.80
4 Clearing buffer areas by hand(by the hour) 5 AC 31000 . 00 $131500.00
5 Stripping & Discing 28 AC 250 . 00 $7,000.00
6 Dry Pond Excavation 65,350 CY 2 . 20 $1431770.00
7 Site Excavation 5,915 CY 1 . 75 $101351 .25
8 Spreading & Compaction 42,726 CY 1 . 35 $57,680.10
9 Roadway Grading After Utilities 81180 SY 1 . 00 $89180.00
10 R=O=W Grading 69065 LF 1 . 00 $61065.00
11 Lot Grading & Final Dress Ponds 1 LS 153000 . 00 $151000.00
12 Construction Staking 1 LS 31430 . 00 $3,430 .00
13 Subcutting Unsuitable Material 200 CY 4. 25 $850.00
14 Hydro Seeding 20.40 AC 21500 . 00 $513000.00
15 Testing Costs 1 LS 71550 . 00 $71550 .00
TOTAL SCHEDULE 1 $5519053.52
SCHEDULE 2 - LANDSCAPING & IRRIGATION > i
1 6' Ligustrum 3' centers east boundy 660 EA 150 . 001 99,000.00
2 Irrigation system for east boundry 1 LS 71500. 00 7,500.00
3 Mulch bed 5' wide east boundry 1 LS 21975 . 00 2,975.00
TOTAL SCHEDULE 2 109,475. 00
Page 1 of 4
SCHEDULE 3 - WASTE WATER SYSTEM (Onsite)
Unit
Item Description Quantity Unit Price Total
1 8" PVC Sewer (0'-6' ) 235 LF 20 . 70 $4,864. 50
2 8" PVC Sewer (6'-8') 911 LF 25 . 30 $23,048.30
3 8" PVC Sewer (8'-10') 1821 LF 1 32 . 20, $59860.40 (
4 8" PVC Sewer (10'-12') 2701 LF 1 39 . 10 $10,557.00 C
5 8" PVC Sewer ( 12'14" ) 370 LF 48 . 30 $17,871 .00
6 8" PVC Sewer (14'-16") 996 LF 62 . 10 $61 ,851 .60 V f J
7 8" PVC Sewer ( 16'-18') 210 LF 78 . 20 $16,422.00 V r
8 8" PVC Sewer (20'-22') 69 LF 103 . 50 $7, 141 .50
9 Standard Manhole (0'-6') 2EA 21645 .00 $5,290.00 V
10 Standard Manhole (6'-8' ) 3 EA 31105 . 00 $9,315.00
11 Standard Manhole (8'-10') 1 EA 3, 565 . 00 $3,565.00
12 Standard Manhole (10'-12') 1 EA 41140 . 00 $4, 140.00
13 Standard Manhole (12'-14') 1 EA 41600 . 00 $49600.00
14 Standard Manhole ( 14'46') 1 EA 51520 .00 $5,520.00
15 Standard Manhole ( 16'-18') 1 EA 61785 . 00 $6,785.00
16 Drop Manhole ( 14'-16') 2 EA 71475 . 00 $14,950.00
17 Drop Manhole (20'-22') 1 EA 10 , 925 . 00 $109925.00
18 Single Lateral 13 EA 750 . 00 $99750.00
19 Double Lateral 49 EA 780. 00 $38,220.00
20 TV Camera Inspection 1 LS 51000 . 00 $53000.00
21 Lift Station 1 LS 137 , 900 . 00 $137,900.00
22 8" Forcemain 1 ,480 LF 25 . 30 $371444.00
23 Wet Tap (Forcemain @ Exist. Lift Station) 1 LS 21875 . 00 $2,875.00
24 Construction Staking 1 LS 4 ,600 . 00 $4,600 .00
TOTAL SCHEDULE 3 $4481495.30
SCHEDULE 4 - POTABLE WATER SYSTEM (Onsite)
Unit
Item Description Quantity Unit Price Total
1 8" PVC & Fittings 31255 LF 18 . 00 $58,590.00 , (,J
2 8" DIP & Fittings 60 LF 27 . 00 $19620.00 �I
3 8" Gate Valve 6 EA 11175. 00 $79050.00
4 Fire Hydrant Ass'y 4 EA 31600. 00 $149400.00
5 Blowoff Ass'y 1 EA 400 . 00 $400.00
6 1 " Service to Clubhouse wl RPZ 1 EA 950 . 00 $950.00
7 Single Service 6 EA 570 . 00 $3,420 .00
8 Double Service 57 EA 740 . 00 $42,180.00
9 Construction Staking 1 LS 21350. 00 JZ3505001
TOTAL SCHEDULE 4 $130,960.00
Page 2 of 4
SCHEDULE 5 - STORM WATER SYSTEM ( Onsite)
Unit
Item Description Quantity Unit Price Total
1 15" CAP 52 LF 32 . 20 $1 , 674.40
2 18" CAP 344 LF 39 . 10 $139450.40
3 24" CAP 48 LF 50 .60 $29428.80
4 30" CAP 332 LF 62 . 10 $209617. 20
5 30" CMP 455 LF 62 . 10 $28,255. 50
6 18" RCP 563 LF 36 . 80 $209718.40
7 24" RCP 527 LF 46 . 00 $249242.00
8 30" RCP 704 LF 66. 70 $46,956.80
9 18" MES 3 EA 350 . 00 $1 ,050.00
10 24" MES 1 EA 520 . 00 $520.00
11 30" MES 3 EA 920 . 00 $2,760.00
12 Type E Control Structure W/ Weir Wall 1 EA 41600 . 00 $49600.00
13 Type V Inlet 16 EA 31280 . 00 $529480.00
14 Type C Inlet 1 EA 2 , 300. 00 $29300.00
15 Type J Manhole 1 EA 31165 . 00 $3,165.00
16 Extra Base Over Shallow Pipes 55 TN 38 . 25 $2,103.75
17 Construction Staking 1 LS 21375 . 00 2 375. 00
TOTAL SCHEDULE 5 $229,697.25
SCHEDULE 6 - ROADWAYS (Onsite)
Unit
Item Description Quantity Unit Price Total
1 8" Stabilized Subgrade 81380 SY 3 . 55 $29,749. 00
2 6" Coquina Base 71648 SY 6 . 75 $51 ,624.00
3 Prime 71641 SY 0. 40 $39056.40
4 1 1 /2" S-I Asphalt 71641 SY 5 . 80 $44,317 .80
5 24" Modified Miami Curb 61190 LF 9 . 35 $57,876.50
6 Transition Curbs To Inlet (Per Inlet) 13 EA 275 . 00 $3,575.00
7 12" x 18" Header Curb 190 LF 8. 05 $13529.50
9 Striping & Signs 1 LS 11715 . 00 $1 ,715.00
10 Construction Staking 1 LS 51184 . 00 5184. 00
TOTAL SCHEDULE 6 $198,627 .20
SCHEDULE 7 = MISCELLANEOUS (CONDUITS, CHASES, BRICK PAVERS )
1 Electrical Backbone & Road Chases 1 LS 187550. 00 $18,550.00
2 Construction Staking backbone & chases 1 LS 31915. 00 $3,915.00
3 Brick pavers and Fence 1 LS 62 , 750. 00 62 750.00
TOTAL SCHEDULE 7 $85,215.00
Page 3 of 4
SCHEDULE 8 - Survey Markers & Asbuilts
1 Permanent Reference Points 1 LS 21500 . 00 $ 21500. 00
2 Lot Corners 1 LS 41500 . 00 $ 41500. 00
3 As-builts 1 LS 15 , 500 . 00 $ 15,500. 00
TOTAL SCHEDULE 8 $ 229500. 00
TOTAL CONSTRUCTION COST ESTIMATE $1 ,7765023 .27
MINUS BILLING THROUGH 5/31 /05 $ 1 ,043,533.40
COST TO COMPLETE PHASE 1 CONSTRUCTION $732,489. 87
ADD FOR ENGINEERING 10% 73,248w99
TOTAL CONSTRUCTION COST ESTIMATE FOR BOND $805 ,738.86
ADD FOR PERFORMANCE BOND 26% 25% $ 201 ,434 .71
TOTAL PERFORMANCE BOND AMOUNT $ 11007,173 .57
PREPARED BY M TELLER & MOLER, INC .
C :7
John/M . Boyer, P. E. FL #57970
Proj ct Engineer
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