Backup Documents 07/24/2012 Item #16A 116A?_
[PRINTER TABLE command: COURIER]
ITEM NO.: i.i."f(�'�� 'ME
DATE RECEIVED: ry�j ,
FILE NO,: 0
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
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Date: August2 2012 AR- PL20120000266
To: Office of the County Attorney, Attention: Fm; - u� Pepin—
From: John R. Houldsworth, Senior Engineerr
Development Services, Engineering Revie
BACKGROUND OF REQUEST/PROBLEM:
Please review attached for
legal sufficiency.
(Are there documents or other information needed to review this matter ?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC with
Final Plat.
OTHER COMMENTS:
BCC 7/24/12 16 -A1
A10t ��
Rona 001-
Document Prepared By:
p
Michael T.Herrera,P..E. 1 6 A
Q. Grady Minor&Associates,P.A.
3800 Via Del Rey
Bonita Springs,FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 22,E day of August 2012 between GB 31, Ltd., hereinafter
referred to as "Developer", and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "The Board".
RECITALS
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of subdivision to be known as:
"Runaway Bay Replat"
B. Sections 4 and 10 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and
irrigation improvements within 24 months from the date of approval of said subdivision
plat, said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security(attached hereto as Exhibit
"A") and by reference made a part of in the amount of $103,901.05 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate
cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of the
required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished
to be reviewed and approved by the Development Services Director for compliance with the
Collier County Land Development Code.
K:\BUILDERS PROGRAM\Lennar\Construction\Const Maint Agree 8-22-12[clean].doc
1b
Runaway Bay Replat A
Construction&Maintenance Agreement
For Subdivision Improvements
Page 2 of 3
5. The Development Services Director shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the developer in writing of his refusal to approve
the improvements, therewith specifying those conditions which the Developer must fulfill
in order to obtain the Director's approval of the improvements. However, in no event shall
the Developer Services Director refuse preliminary approval of the improvements if they are
in fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director inspect the improvements. The Development Services
Director or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the 10% subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed.
Each request for the reduction in the dollar amount of the subdivision performance security
shall be accompanied by a statement of substantial completion by the Developer's engineer
together with the project records necessary for review by the Development Services
Director. The Development Services Director may grant the request for a reduction in the
amount of the subdivision performance security for the improvements completed as of the
date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or
cause to be constructed and maintained, pursuant to public advertisement and receipt of
acceptance of bids, the improvements required herein. The Developer, as principal under
the subdivision performance security, shall be liable to pay and to indemnify the Board,
upon completion of construction, the final cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of the Developer to
carry out all of the provisions of the Agreement.
K:\BUILDERS PROGRAM\Lennar\Construction\Const Maint Agree 8-22-12[redlinedl.doc
Runaway Bay Replat 1 6 A 1
Construction & Maintenance Agreement
For Subdivision Improvements
Page 3 of 3
9. All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 1-S day of August, 20012.
Signed, Sealed and Delivered
in the presence of: GB 31, Ltd.
A Florida Limited Partnership
E
,141
1i BY 4 /f , / Aka l•nature
Jcs.ph Livio Parisi Aubr- J. Ferr.•, As President and CEO
and not in his ndividual capacity
/ , -/„....,.._
/ u __
%udy illemain
Attest: Board of County Commissioners
Print Name), Clerk of Collier County, Florida
')."1...14, I.A.), (:),.-‘3"L-
,J . v.+_.A.► .,A. I _C C. BY:
Rep 9A)•CO' LE (Print Name), Chairman
Approved`as to form and legal sufficiency:
iity,$_, c_)p.1}e,th-N (Signature)
.(Y11 i V' •• PerOin (Print Name)
f'lSr • Collier County Attorney
K:\BUILDERS PROGRAM\Lennar\Construction\Const Maint Agree 8-22-12[redlined].doc
m THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m
VMTCHESTER REM INSURANCE COMPANY -
- t
10030 1
CAPITAL' 70,000 SHARES, $71.43 PAR VALUE 5,000,100
CAPITAL: PAID IN 289,280,640
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNS 112,002,723
SURPLUS (UNASSIGNED) .698,340,516
SURPLUS TO POLICYHOLDERS 1,104,623,979
TOTAL $2,420,497,569
(*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P. Taylor, being duly sworn, says that he is Vice President of
Westchester Fire insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's tinarlcial condition as of the .
31 at day of December, 2011.
Swam befo this �� f1 h i 4 t'1 . Z.o 1 2.
Prosident
Notary Public
ANIA
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GM@1,&p"EM8ft*5-Y&V�AN1A
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My cc isaion e>*m
16A1
BID TABULATION SUMMARY
_S
RUNAWAY BAY AT FIDDLER'S CREEK
ROADWAY ADJUSTMENTS
Prepared by:
GradyMinor
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947 -1144
2
0.
10
Of A W
'F ,
$- V
Florida Reg1 ; ""% l i� 10
G:1 PROJ- ENG\F\FC3ICDSW6DPW3PPL11CP Roadway 2- 121Bond Calc.DOC
16A1
1.1 Bid Schedule Summary
SCHEDULE
DESCRIPTION
REVISED TOTAL PRICE
A
Demo & Relocation
$12,000.00
B
Paving
$61,731.50
C
Wastevoter Collection
$8,540.00.
D
Potable Water Distribution
$11,584.00
E
Construction Stakeout
$600.00
B -2
TOTAL
$9 455.50
1.2 Schedule "A" — Demolition and Relocation
Note 1— Includes relocation of light poles (2), water meters (2), sign, etc. Also, the demolition or removal of
stripping, curb, asphalt, force main, and water main as depicted on plans.
1.3 Schedule "B" - Paving
* Roadway construction complete per the plans and County specifications including stabilized
subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an
independent laboratory, roadside fill and grading for full width of right -of -way and easements,
finish grading, seeding and mulch.
REVISED
REVISED
REVISED
REVISED
ITEM
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
A -1
Demo & Relocate
LS
I
$12,000.00
$12 000.00
B -2
T "E" Curb
LF
T 195
TOTAL
$12,000.00
Note 1— Includes relocation of light poles (2), water meters (2), sign, etc. Also, the demolition or removal of
stripping, curb, asphalt, force main, and water main as depicted on plans.
1.3 Schedule "B" - Paving
* Roadway construction complete per the plans and County specifications including stabilized
subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an
independent laboratory, roadside fill and grading for full width of right -of -way and easements,
finish grading, seeding and mulch.
Note 2 - For Pavers West of Runaway Bay plat boundary, totaling 128 SY, contractor to saw cut asphalt, grade down
limerock to 4- inches below finish grade. See Delcompare Design Works Plans for location, details, and specifications.
G:\ PROJ- ENG\RFC31CDS \06DP \03PPL\1CP Roadway 2- 12\13ond Calc.DOC
REVISED
REVISED
REVISED
REVISED
T-1►Z
DESCRIPTION
UNIT
UNIT PRICE
TOTAL PRICE
B
B -1
2' Valle Gutter
LF
605
$12.75
$7,713.75
B -2
T "E" Curb
LF
T 195
S14.45
$2,817.75
B -3
1 M" Asphaltic Concrete T S-
SY
1223
$10.50
$12,841.50
B -5
8" Limerock Base (compacted and s
SY
1505
$9.00
$13,545.00
B-6
12" Stabilized Sub grade Z
SY
1505
$3.00
$4,515.00
*B -7
12" Concrete Band at Gutter Smooth Finish
LF
275
$12.10
$3,327.50
B -8
4" Concrete Sidewalk 6' Wide
SY 1
31
$60.00
$1,860.00
B -9
Signing & Pavement Markin
LS
1
$1,980.00
$1,980.00
B -10
Bahia Sod
SY
107
$3.00
$321.00
B -11
Armor Turf
SY
235
$46.00
$10,810.00
*B -12 iDensity
Testing
LS
1
$2,000.00
52,000.00
TOTAL
561,731.50
Note 2 - For Pavers West of Runaway Bay plat boundary, totaling 128 SY, contractor to saw cut asphalt, grade down
limerock to 4- inches below finish grade. See Delcompare Design Works Plans for location, details, and specifications.
G:\ PROJ- ENG\RFC31CDS \06DP \03PPL\1CP Roadway 2- 12\13ond Calc.DOC
16AII
1.4 Schedule "C" - Wastewater Collection
Includes furnishing and handling of all required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over - excavation if necessary),
dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if
necessary), compaction, compaction testing in roadway areas, pressure testing, flushing, clean-
up including resodding areas previously sodded, seeding all areas disturbed by construction,
providing complete as-built drawings and other items necessary to complete the system and
provide the Owner, DEP and Collier County with a complete working wastewater collection
system as shown on the drawings and specified in these contract documents.
ITEM
DESCRIPTION
UNIT
QTY
REVISED
UNIT PRICE
REVISED
TOTAL PRICE
C -1
4" PVC C900 CL 150 Force Main
LF
190
$24.00
$4560.00
C -2
Tie to Existin
EA
2
$1,690.00
$3,380.00
• C -3
Pressrue Test
LS
1
$600.00
$600.00
* D-4
4" Sch 40 PVC Conduit (Owner Use)
LF
1 70
TOTAL
$8,540.00
1.5 Schedule "D" — Potable Water Distribution
Includes furnishing and handling of all required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over - excavation if necessary),
dewatering, bedding material (if necessary), pipeline installation, back filling (imported fill if
necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting
pipelines, flushing, clean -up including resodding areas previously sodded, seeding all areas
disturbed by construction, providing complete as-built drawings and other items necessary to
complete the system and provide the Owner, DEP and Collier County with a complete working
water distribution system as shown on the drawings and specified in these contract documents.
ITEM
DESCRIPTION
UNIT
QTY
REVISED
UNIT PRICE
REVISED
TOTAL PRICE
D -1
8" PVC C900 CL 150 Water Main
LF
200
$38.00
$7,600.00
D -2
Tie to existing
EA
2
$1,212.00
$2,424.00
* D -3
Bac T's
LS
1
$1,000.00
$1,000.00
* D-4
4" Sch 40 PVC Conduit (Owner Use)
LF
1 70
1 $8.00
1 $560.00
TOTAL
1 $11,584.00
1.6 Schedule "E" — Construction Stakeout
ITEM
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
E -1
Construction Stakeout
LS
1
$500.00
$500.00
E -2
Record Survey
LS
1
$100.00
$100.00
TOTAL
$600.00
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