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HomeMy WebLinkAbout2006-380 J� Pointe West South Village, Phase I P.D. 11 / 7 / D (, 7 , F MODIFICATION TO CONTRACT FOR CONSTRUCTION OF REQUIRED SIDEWALK IMPROVEMENTS NO. PD-04-04-06-CFCSIDE (99070081 ) THIS MODIFICATION , made and entered into this 7th day of Novembar , 20067 by and between Pointe West of Vero Beach, Ltd . , a Florida limited partnership, 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 entered into a Contract for Construction of required Sidewalk Improvements No . PD-04-04-06-CFCSIDE (99070081 ) guaranteeing the completion of certain required sidewalk improvements and posted as security to guarantee completion , a Wachovia Bank Irrevocable Standby Letter of Credit Number SM217549 in the amount of $ 105 , 184 .98 , expiring on November 12 , 2006 ; and WHEREAS , a portion of sidewalk improvements has been completed ; and WHEREAS , the developer has : 1 . requested an additional two-year extension to August 17 , 2008 to complete the remaining required sidewalk improvements , as allowed by code; 2 . requested a reduction in the amount of security necessary to complete the remaining sidewalks to $25 , 576 . 50 ; and 3 . provided an updated certified cost estimate attached as Exhibit "A" ; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED , the parties agree as follows : 1 . The date for completion of the required sidewalk improvements as outlined in the Contract for Construction of Required Sidewalk Improvements No . PD-04-04-06-CFCSIDE (99070081 ) is extended to August 17 , 2008 . 2 . An amendment to the existing Wachovia Bank Irrevocable Standby Letter of Credit No . SM217549W extending the expiration date to November 17 , 2008 and reducing the amount to $25 , 576 . 50 , which represents 125% of the remaining sidewalk improvements to be completed as evidenced by developer's engineer' s certified cost estimate as approved by County engineering and attached as Exhibit "A", is acceptable . The amendment , however, must be received no later than 2 : 00 p . m . on Tuesday, November 7 , 2006 by the County Attorney's Office otherwise this Modification is null and void . 3 . All other terms set out in the Contract for Construction of Required Sidewalk Improvements No . PD-04-04-06-CFCSIDE (99070081 ) remain in full force and effect. IN WITNESS WHEREOF , the parties hereto have set their hands and seals on the day and year first above written . POINTE WEST OF VERO BEACH , LTD. , a Florida limited partnership By POINTE WEST OF VERO BEACH , INC., General Partner Signed ' pr of: Sign : Print: (, L By: Charles Mechling , President i� Sign : Qiy AA Q �-VI DEVELOPE INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners By: Arthur R . Neube ger, Chair BCC approved : November 7 , 2006 ATTEST : J . K . Barton , Clerk of Court APPROVED AS FORM By: ANOD LE�iAI. SUFFICIENCY Deputy Clerk !Y _�zo� ogrw WILLIAM p. COLLINS III COUNTY ATTORNEY 2 F:\Attorney\Nancy\DOCS\PLAN\MODIFICATION side pointe west so village Woe gIVER � y z �LORX INDIAN RIVER COUNTY MEMORANDUM DATE : October 26 , 2006 TO : William G . Collins, II , County Attorney THROUGH : Christopher J . Kafer, Jr. , P . E . , County Enginedc/ FROM : William B . Eubank , Jr. , Senior Engineering Inspector REFERENCE : Pointe West South Village Phase I Sidewalk Bond SUBJECT: L . D . P . No . 99070081 -39273 / PD-04-04-06 The enclosed revised engineer' s certified cost estimate and quantities dated October 25 , 2006 have been reviewed for bonding of interior sidewalks , and are found to be satisfactory. New bond amount is $25 , 576 . 50 ( 125% of $20,461 .20) . Please note that this approval is for sidewalks only not landscaping . If you have any questions please call me at extension 1451 WBE/wbe cc: Jason E . Brown , Budget Manager D. E . Howard , Jr. , Manager Construction Coordination Mark Zans , Senior Planner/GIS Stephen W. Boehning , P . E . , Neel- Schaffer, Inc. File 5 31 i F Page 1 of 3 F:1Engineenng\Land Development PermitslPointe WestlPointe West South Village\Pointe West South Village Sidewalk Bond-Will Collins-cik wbe 10-26-06.doc POINTE ,J0 WEST A Traditional Community Vero Beach, Florida October 24, 2006 (� (� Chris Kafer, PE ' t 1 ! `^ OC� County Engineer OCT 2 5 2006 Indian River County 184025 th Street INDIAN RIVER COUNTY Vero Beach, Florida 32960 ENGFNEERING DIVISION RE: Pointe West South Village Phase I Contract No. PD-04-04-06-CFCSIDE (9907008 1 ) LDP No. 99070081 -39273 / PD-04-04-06 Dear Chris: Enclosed is a certified cost estimate for the completion of the sidewalks in Phase I of the South Village. Based on a email received from Bill Eubank on October 13, the figures are approve by the Public Works Department. We would propose to provide a new LOC for the revised amount of $25,576. 50. If you should have any questions or need any additional information in this regard please contact our office. DSine p Dcori, PSM CC : Stephen W. Boehning, PE Nancy Mossali Enclosures : e z t ; Page 2 of 3 1999 Pointe West Drive Vero Beach, FL 32966 772-794 -9912 772 -794-9916 Fax www. PointeWestFlorida. com EXHIBIT "A" POINTE WEST SOUTH VILLAGE PHASE I POINTE WEST SOUTHL VILLAGE PHASE I ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION COMP. $ COMP. QUANTITY SAL. TO SIDEWALKS 10/10/2006 TO COMP. COMPLETE S1 SIDEWALK 4' X 4" L. F. 71969 $ 20.40 $ 162,567.60, . 62968 $ 142, 106.40 1 , 003 $ 20461 .20 , S2 SIDEWALK 4' X 5" L. F. 400 $ 25.50 $ 1020000 400 $ 12200.00 TOTAL $ 172,767.60 $ BOND AMOUNT 1y5°/, $ 152,308.40 $ 20,481 .20 $ 25,578.50 L1 PARK OAK TREES EA 35 $ 425.00 $ 14,875.00 35 $ 14, 875. 00 L2 IRRIGATION SYSTEM L.S. 1 $ 12,560.00 $ 129560. 00 1 $ 12,560. 00 $ TOTAL $ 27,435.00 $ — BOND AMOUNT 125% $ TOTAL BOND AMOUNT 125% — $ 25,576.50 WE HEREBY CERTIFY THE ABOVE FIGURE IS AN ACCURATE ESTIMATE OF THE REMAINING SIDEWALKS TO BE COMPLETED IN PHASE I OF THE POINTE WEST SOUTH VILLAGE. - STEPH B0 PE DATE: I Page 3 of 3 10/24/2006 SIDEWALKS SV-1