HomeMy WebLinkAbout2004-025 U
Americana Plaza Subdivision for use with
letter of credit
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -03 -05 -14 -CFC (99090187)
THIS CONTRACT , made and entered into this 3rd day of
Fek�r �lar� 2004 by and between FIRST DEVELOPERS CORPORATION , 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 Americana Plaza 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 October 20 , 2004 , 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
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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 Harbor Federal Savings
Bank , as the underwriting bank, in the amount of $ 560 , 692 . 56 , 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 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. 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
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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 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 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 .
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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 .
IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
FIRST DEVELOPERS CORPORATION , a
Florida corporation on
� C
sign:' vfi'CT
By:
print name : � z Ronald Rabal , resident
sign : 1
print name : k1jdfij �;' (affix corporate seal )
INDIAN RIVER COUNTY, FLORIDA
r
By: ,
Caroline D . Ginn , Cha man
Board of County Commissioners
Aeffrey K . Barto e
BCC approved : February 3 , 2004
BMqz&
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: X_
William G . Collins Il
County Attorney
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Americana Plaza January 20 , 2004
Certified Engineer's Cost Estimate
Item Description Unit Q�t Unit Price Amount
I . Construction
A Earthwork - On Site
1 Clear & Grub AC 20 . 90 $ 21900 . 00 $ 60 , 610 . 00
2 Excavation CY 31 , 478 $ 1 . 35 $ 42 , 495 . 30
3 Embankment CY 311478 $ 0 . 25 $ 71869 . 50
4 Grading Lots SY 62 , 385 $ 0 . 20 $ 121477 . 00
51Grading ROW SY 87287 $ 0 . 75 $ 61215 . 25
611 Grading Lake Slopes SY 7 , 003 $ 0 . 45 $ 3 , 151 . 35
7 Final Dress LS 1 $ 71500 . 00 $ 71500 . 00
8 Silt Fence LF 51650 $ 1 . 15 $ 62497 . 50
9 Sod ( lake slopes) SY 9 , 731 $ 1 . 15 $ 117190 . 65
10 Turbidity Barrier EA 2 $ 50 . 00 $ 100 . 00
Sub-Total $ 158 , 106 . 55
I I
B Roadway ( onsite )
11Gading Pavement SY 71889 $ 1 . 15 $ 91072 . 35
2112 " Stabilized Subgrade SY 71920 $ 1 . 65 $ 13 , 068 . 00
3 8 " Rock Base SY 69696 $ 6 . 15 $ 411180 . 40
41Asphalt 2" S- 1 SY 61696 $ 5 . 45 $ 36 , 493 . 20
51 Miami Curb LF 42551 $ 6 . 50 $ 29 , 581 . 50
6 Type D Curb LF 291 $ 7 . 75 $ 21255 . 25
7 ' Type F Curb LF 536 $ 7 . 50 $ 41020 . 00
8 Concrete Traffice Separator LF 100 $ 37 . 50 $ 31750 . 00
9 , Sidewalk SY 11280 $ 20 . 25 $ 25 , 920 . 00
10 Striping & Signage LS 1 $ 21500 . 00 $ 21500 . 00
11 ' Sod SY 11011 $ 1 . 15 $ 11162 . 65
12 Street Lighting (see note 1 ) EA 0 $ - $
13 ' Set Lot Corners LS 1 $ 21500 . 00 $ 21500 . 00
141 PCP' s LS 1 $ 850 . 00 $ 850 . 00
Sub -Total $ 172 . 35 ,,o
" A _
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EXHIBIT
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Americana Plaza January 20 , 2004
Certified Engineer' s Cost Estimate
i 1
Water
1 8" PVC WM LF 332 $ 10 . 50 $ 3 , 486 . 00
2 10" PVC WM LF 11859 $ 15 . 35 $ 28 , 535 . 65
3 10" DIP WM LF 80 $ 22 . 75 $ 11820 . 00
4 1 Fire Hydrant Assembly EA 4 $ 21950 . 00 $ 11 , 800 . 00
5 ! Services EA 17 $ 450 . 00 1 $ 7 , 650 . 00
6 ' 10 X 20" Tapping Sleeve & Gate Valve LS 1 $ 4 , 475 . 00 $ 41475 . 00
7 Blow Offs EA 2 $ 350 . 00 1 $ 700 . 00
8 Temporary Jumpers EA 1 $ 17000 . 00 $ 11000 . 00
9 Sample Points EA 4 $ 275 . 00 $ 11100 . 00
10 Pressure Test LS 1 $ 750 . 00 $ 750 . 00
11 Chlorinate Waterline LS 1 $ 750 . 00 1 $ 750 . 00
12 ; Fittings LS 1 $ 71750 . 00 i $ 71750 . 00 (b
Sub-Total ! $ 691816 . 65 `?S
Item Description Unit Q_yt Unit Price j AmountVj
ed
D Sewer
1 Sanitary Manhole (4'-6') EA 5 $ 11900 . 00 $ 91500 . 00
2 ; Sanita Manhole (6'-8 ') EA 2 $ 21000 . 00 ! $ 4 , 000 . 00
318 " PVC (4'-61 ) LF 537 $ 134n4
61981 . 00
48" PVC (6'-81 ) LF 1155 $ 15 . 17 , 325 . 00
S ; Services EA 17 $ 250 . 00 $ 41250 . 00
6 Adjust Rim Existing Manhole LS 1 $ 475 . 00 $ 475 . 00
7 Core into Existing Manhole ( 8' - 101 ) EA 1 $ 600 . 00 $ 600 . 00
8 T. V. Sewer Mains LF 1692 $ 1 . 10 $ 11861 . 20
Sub -Total $ 44, 992 . 20
E Drainage I u �
1 Miami Curb Inlet EA I 10 $ 1 , 455 . 00 $ 14 , 550 . 00
. , 0 .21Type F Inlet EA 2 $ 500 $ 35900
3 Type P Manhole EA 2 $ 11300 . 00 $ 2 , 600 . 00
4 Junction Mahole EA 2 $ 11700 . 00 1 $ 3 , 400 . 00
5 Type D Inlet LF 1 $ 1 , 750 . 00 $ 1 , 750 . 00
6 18" X 12 " HERCP LF 22 $ 37 . 50 $ 825 . 00
7 18 " CAP LF 507 $ 25 . 50 $ 12 , 928 . 50
81111112411 CAP _ LF 1 , 465 $ 34 . 00 $ 49 , 810 . 00
9 24 " MES LF 3 $ 800 . 00 $ 2 , 400 . 00
10 j Stub Outs EA 3 $ 340 . 00 $ 11020 . 00
11124" HDPE & Bend EA 375 $ 23 . 00 $ 81625 . 00
Sub-Total $ 101 ,498 . 50 .
F Offsite ( 90 Avenue) LS 1 $ 231226 . 70 $ 23 , 226 . 70
Subtotal $ 23 , 226 . 70
G I Irrigation LS 1 $ 71000 . 00 $ 71000 . 00
EXHIBIT
A
r
j Americana Plaza January 20 , 2004
Certified Engineer's Cost Estimate
Subtotal $ 79000 . 00
H Landscape
Laurel Oak EA 56 135 7 , 560 . 00
Live Oak EA 54 155 ' 81370 . 00
Wax Myrtle EA 39 42 . 5 11657 . 50
, Viburnum EA 295 6 . 75 1 , 991 . 25
Cypress Mulch CY 35 341 11190 . 00
, Bahia Sod SY 11777 . 78 1 . 151 21044 . 45
Subtotal $ 22 , 813 . 20
i
I Earthwork has been completed I $ ( 1329818 .40 )
( less final dressing , silt fence , turbidity barriers and lake sod )
i
Construction Total $ 4661988 . 75
Item Description Unit Qty Unit Price Amount
11 . Professional
1 I Survey , Stake Out , As- Built LS 1 $ 112220 . 00 $ 112220 . 00
1 ContractAdministration/Construction
Inpsection LS 1 $ 4 , 500 . 00 $ 41500 . 00
1 ITesting LS 1 $ 41850 . 00 $ 41850 . 00
j Professional Total $ 201570 . 00
i
Total $ 4879558 . 75
Contingencies 15 % j $ 73 , 133 . 81
j Grand Total i $ 5609692 . 56
NOTES :
1 . ! Street lighting is under contract with FPL . FPL will install street lighting at no cost and
devloper/homeowners association pays a monthly charge for maintenance .
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I , David S . Knight , a Florida Registered Engineer, License No . 41060 , 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 estimated for said improvements is
$560 , 692 . 56 . This estimate has been prepared , in part , to induce approval by the County
of a Final Plat approval for Americana Plaza Final Plat , and for the purpose of establishing
proper surety amounts associated therewith .
David $ : Kiri ht, -P . E,. FL Reg . No . 41060
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