Backup Documents 11/13/2012 Item #16A14[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.: 'I' EIS Oa? 3 Y9
ROUTED TO:
e*m*�Q A 14
Y AT
12 NOY 13 PM 3: 41
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
Date: November 7, 2012
REQUEST FOR LEGAL SERVICES
AR- PL201200001179
To: Office of the County Attorney, Attention: Emily Pepin
From: John R. Houldsworth, Senior Engineer A
Development Services, Engineering Revi
Re: Riverstone — Plat Two
L 11
A VP
BACKGROUND OF REQUEST /PROBLEM:
�i1/ 1511a
?�Wa e u0-c-e -
Please review attoediConstruction & Maintenance Agreement and Performance Bond 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 & advise.
OTHER COMMENTS:
1. Attachments appear to be consistent with County forms. 01 C Aqwh t n
TL LL--
16A14
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this day ofNoy mbet, 2012
between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited liability
company, 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 a subdivision to be known as:
Riverstone Plat Two plat.
B. Chapters 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 covenant and
agree as follows:
1. Developer will cause to be constructed: within 12 months from the date of approval
said subdivision plat, said improvements hereinafter referred to as the required
improvements. .5tt
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $1,038,375.00 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 County Manager or his designee for
compliance with the Collier County Land Development Code.
16A14
5. The County Manager or his designee 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 improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee 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 County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the required improvements and, if found to be still
in compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by 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 County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a 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
County Manager or his designee. The County Manager or his designee 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 Manager or his designee 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 or maintained, pursuant to public
advertisement and receipt and 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 such construction, the final total 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 fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
16A14�
IN WITNESS WHEREOF, the Board and the Developer h xxec�aused this
Agreement to be executed by their duly authorized representatives this day day of
� 0 V ,fir 2012.
SIGNED IN THE PRESENCE OF:
Printed arY%:
Printed name:
ATTEST.
DWIGHT E. BROCK CLERK
By: '
Deputy Cle p5 to Cad 1 r ,
Approved a;n'Slto form and
ufficiency:
Assistant ounty Attorney
G.L. HOMES OF NAPLES ASSOCIATES II,
LTD.
By:
Name:
Title: IDi£f P , p►-
BOARD OF COUNTY COM SSIONERS
OF, COLLIER OUN Y „ILORI
By. C
Chairman r Fgft� CoyLVL
legal
EXHIBIT
AW_
Riverstone Plat Two - 9/10/2012
16A14
Category
Item
Units
Amount
Unit Price
Total
Water
8" PVC Water Main w /Fittin s
4,470
LF
$ 17.66
$ 78,940.20
8" C900 Water Main w /Fittin s
120
LF
$ 20.11
$ 2,413.20
8" Gate Valve
6
EA
$ 1,148.00
$ 6,888.00
Single Water Service (Short)
7
EA
$ 479.68
$ 3,357.76
Single Water Service Lon
23
EA
$ 550.26
$ 12,655.98
Double Water Service (Short)
30
EA
$ 557.26
$ 16,717.80
Double Water Service (Long)
15
EA
$ 740.20
$ 11,103.00
Fire Hydrant w/ 6" Gate Valve
10
EA
$ 3,206.20
$ 32,062.00
Permanent Sampling Station
1
EA
$ 1,073.50
$ 1,073.50
Connection to Exist. Main
2
EA
$ 2,430.00
$ 4,860.00
Automatic Flushing Device
1
LS
$ 4,205.60
$ 4,205.60
Sub -total
$ 174,277.04
Sewer
8" PVC 0' -6' Cut)
670
LF
$ 12.98
$ 8,696.60
8" PVC 6' -8' Cut)
914
LF
$ 17.23
$ 15,748.22
8" PVC (8'-10'-Cut)
830
LF
$ 19.48
$ 16,168.40
8" PVC 10' -12' Cut
919
LF
$ 23.98
$ 22,037.62
8" PVC 12' -14' Cut
517
LF
$ 30.48
$ 15,758.16
Manhole (0' -6' Dee
7
EA
$ 3,741.80
$ 26,192.60
Manhole 6' -8' Dee)
3
EA
$ 4,566.80
$ 13,700.40
Manhole 8' -10' Dee)
5
EA
$ 5,286.00
$ 26,430.00
Manhole (10' -12' Dee)
3
EA
$ 6,269.00
$ 18,807.00
Manhole (12' -14' Dee)
2
EA
$ 7,152.00
$ 14,304.00
Outside Drop
3
EA
$ 2,300.00
$ 6,900.00
Connect to Exist. Main
2
EA
$ 1,820.00
$ 3,640.00
6" Single Sewer Service Lateral
6
LF
$ 556.16
$ 3,336.96
6" Double Sewer Service Lateral
57
LF
$ 658.74
$ 37,548.18
Sub -total
$ 229,268.14
Drainage
15" RCP
603
LF
$ 18.98
$ 11,444.94
18" RCP
991
LF
$ 23.79
$ 23,575.89
24" RCP
729
LF
$ 30.02
$ 21,884.58
48" RCP
407
LF
$ 81.36
$ 33,113.52
15" Flared -end Section
2
EA
$ 664.00
$ 1,328.00
18" Flared -end Section
5
EA
$ 723.00
$ 3,615.00
24" Flared -end Section
4
EA
$ 819.00
$ 3,276.00
48" Flared -end Section
2
EA
$ 1,807.00
$ 3,614.00
Valley Gutter Inlet
24
EA
$ 2,668.00
$ 64,032.00
Junction Box
2
EA
$ 2,010.00
$ 4,020.00
Sub -total
$ 169,903.93
Paving
Type S -3 Asphalt 1" (First Lift)
12,640
SY
$ 3.54
$ 44,745.60
Type S -3 Asphalt 3/4" (Second Lift )
12,640
SY
$ 2.77
$ 35,012.80
6" Limerock Base
12,640
SY
$ 4.10
$ 51,824.00
12" Stabilized Sub grade
15,800
SY
$ 1.25
$ 19,750.00
2' Valley Gutter
9,330
LF
$ 5.60
$ 52,248.00
3'Valley Gutter at H/C Rams
20
LF
$ 16.99
$ 339.80
Pavement Markings & Si na e
1
LS
$ 1,000.00
$ 1,000.00
5' Concrete Sidewalk
9,350
SF
$ 1.89
$ 17,671.50
Sub -total
$ 222,591.70
Landscaping/
Irrigation
Common /ROW /Lake - Sod/Landscpg.
136,560
SF
$ 0.25
$ 34,140.00
Common /ROW /Lake - Irrigation
136,560
SF
$ 0.35
$ 47,796.00
Sub -total
$ 81,936.00
Street Lights
Street Lights
22
EA
$ 3,000.00
$ 66,000.00
Sub -total
$ 66,000.00
Total $ 943,976.81
Bond Amount = Total x 1.1
_ $1,038,375
E mpaEr
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