HomeMy WebLinkAbout2003-342 for use with performance bond
Grace Grove, Phase 1 7 IV
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CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO . SD -02 -08 = 14 =CFC (2002040060 )
THIS CONTRACT , made and entered into this & day of December, 2003 , by
and between Indian River County Habitat for Humanity, Inc . , a Florida nonprofit
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 Grace Grove , 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 /� — / � - ZoD `f , 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 .
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.
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3 . In order to guarantee performance of this contract , Developer shall
simultaneously herewith furnish a performance bond underwritten by a surety insurer
authorized to transact such business in this state , which shall remain in full force and
effect until at least ninety (90 ) days beyond the date set forth in paragraph 1 , or until the
covenants of this contract have been fully complied with and satisfactorily completed as
determined by the County pursuant to paragraph 5 below , in a form to be approved by the
County , with Developer as principal and The Ohio Casualty Insurance Company
as the surety , in the amount of $ 102 , 777 . 28 ,
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
guaranty shall remain available to the County and shall not be reduced during the course
of construction without an express written authorization from County . 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 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 .
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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 guarantor or surety 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 guarantor or
surety under this paragraph exceed the total amount of the original obligation stated in
the guaranty or surety instrument , 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 guaranty or surety for the final
total cost of the improvements . Developer shall remain wholly liable for any resulting
deficiency , should the guaranty or surety 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, the guarantor, or surety, to construct
the required improvements .
8 . Any guaranty or surety 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 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 .
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IN WITNESS WHEREOF , the parties hereto have set their hands and
seals on the day and year first above written .
INDIAN RIVER COUNTY HABITAT FOR
HUMANITY, INC .
DEVELOPER
r
By: A _
& es W. Davis , President
INDIAN VER COUNTY , FLORIDA
By.
ennefff R . Macht, ChAirman
Board of County Commissioners
ATTEST: Jeffrey K . Barton , Clerk
BCC approved : 12 - 16 - 03
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: 1iC /
William G . Collins 11
County Attorney
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FAattomey\nancy\DOCS\PL AN\k for constr w perf bond grace grovei .doc
[EXHIBIT " A
GRACE GROVES SUBDIVISION
COST ESTIMATE FOR PERFORMANCE BOND
e '( 1 ti ;':COST .�� >♦tr `"f�A�x .,,
1 . 1 " S-3 Asphalt 7400 SY $ 3 . 25 $ 24 , 050 . 00
2 . Striping , Stop & Street Signs 1 LS $ 21800 . 00 $ 21800 . 00
3 . Pressure Test & Chlorinate 1 LS $ 1 , 500 . 00 $ 11500 . 00
4 . Electrical Service to Lift Station 1 LS $ 11000 . 00 $ 11000 . 00
6 . 8 ' sidewalk 5048 SF $ 2 . 70 $ 13 , 629 . 60
7 . 4' internal sidewalk 6116 SF $ 2 . 70 $ 16 , 513 . 20
8 . Mitered Ends 3 each $ 250 . 00 $ 750 . 00
9 . Type D Curb 400 LF $ 7 . 00 $ 21800 . 00
10 . Street li hts 1 LS $ 21500 . 00 $ 21500 . 00
11 . Landsca in $ 7 , 378 . 75
a . Live Oaks 9 trees $ 150 . 00 $ 11350 . 00
b . Laurel Oak 9 trees $ 150 . 00 $ 11350 . 00
M� c. Palatka Holly 7 trees $ 50 . 00 $ 350 . 00
t73 d . Sweet Gum 9 trees $ 120 . 00 $ 11080 . 00
Ia '�j1e . Red Maple 11 trees $ 120 . 00 $ 11320 . 00
f. Bottle Brush 11 trees $ 40 . 00 $ 440 . 00
g . Wax Myrtle 10 trees $ 30 . 00 $ 300 . 00
h . Viburnum Hedge Plants 225 trees $ 3 . 95 $ 888 . 75
I . Pine 3 trees $ 100 . 00 $ 300 . 00
12 . Concrete Collars - Storm Drainage 1 LS $ 21000 . 00 $ 21000 . 00
1 Lf 13 . Sod 1 LS $ 31000 . 00 $ 31000 . 00
pf 14 . As-Built Surveys 1 LS $ 71500 . 00 $ 71500 . 00
00 15 . Maintain Erosion Control 1 LS $ 11500 . 00 $ 11500 . 00
Uc . [[ ` �"' 16 . Surveying 1 LS $ 11250 . 00 $ 11250 . 00
17 . Engineering 1 LS $ 1 , 200 . 00 $ 11200 . 00
SUBTOTAL COST ESTIMATE $ 89 , 371 . 55
ADDITIONAL 15 % $ 13 , 405 . 73
TOTAL $ 1021777 .28
CERTIFICATE OF COST ESTIMATE : I , BRUCE A. MOIA, P_E . , A FLORIDA REGISTERED ENGINEER ,
LICENSE NUMBER 47529 , DO HEREBY CERTIFY TO INDIAN RIVER COUNTY THAT A COST
ESTIMATE HAS BEEN PREPARED UNDER MY RESPONSIBLE DIRECTION FOR THOSE
IMPROVEMENTS IS 102 , 777 . 28 . THIS ESTIMATE HAS BEEN PREPARED , IN PART, TO INDUCE
APPROVAL BY THE COUNTY OF A FINAL PLAT FOR THE GRACE GROVES SUBDIVISION , AND
FOR THE PURPOSE OF ESTABLISHING PROPER SURETY AMOUNTS ASSOCIATED THEREWITH .
• i /
it
a to
A ,
BRU MOIA, RYE . # 47529 DATE
MOSI3.Yr &' ASSOCIAtES , INC .
Engineer' s Project Number: 01 -584B Page 1