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Agenda 03/09/2021 Item #16A 6 (Resolution Final Acceptance of private driveway and drainage improvements)16.A.6 03/09/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Isola Bella, Application Number PL20180002267, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, and release the maintenance security. CONSIDERATIONS: 1) On November 22, 2019, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Isola Bella. 2) The roadway and drainage improvements will be maintained by Talis Park Community Association, Inc., and Talis Park Community Development District. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on January 13, 2021, and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the resolution is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by Talis Park Community Association, Inc., and Talis Park Community Development District. The existing security in the amount of $40,798.24 will be released upon Board approval. The original security in the amount of $448,780.68 has been reduced to the current amount based on the work performed and completed pursuant to the terms of the Construction, Maintenance and Escrow Agreement dated November 20, 2018. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Isola Bella, Application Number PL20180002267, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Plat Map (PDF) 4. Resolution (PDF) Packet Pg. 284 16.A.6 03/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doe ID: 14838 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Isola Bella, Application Number PL20180002267, and authorize the release of the maintenance security. Meeting Date: 03/09/2021 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 01/25/2021 3:44 PM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 01/25/2021 3:44 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Growth Management Development Review Brett Rosenblum Growth Management Operations & Regulatory Management Rose Burke Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Matthew McLean Additional Reviewer Growth Management Department Thaddeus Cohen Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 01/26/2021 11:18 AM Additional Reviewer Completed Additional Reviewer Completed Completed 02/02/2021 3:00 PM Completed 02/04/2021 2:15 PM Completed 02/04/2021 4:34 PM Completed 02/08/2021 2:17 PM Completed 02/08/2021 2:19 PM Completed 02/10/2021 9:51 AM Completed 02/12/2021 10:42 AM Completed 02/28/2021 5:41 PM 03/09/2021 9:00 AM Packet Pg. 285 16.A.6.a ISOLA BELLA LOCATION MAP LL M 00 Q M C O r R V O J r.+ C N E t u m r r Q Packet Pg. 286 16.A.6. b CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 20th day of November, 2018 by SEAGATE ISLAND INVESTORS, LLC, a Florida limited liability company (Hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter the "Board") and ROETZEL & ANDRESS, LPA (hereinafter "Escrow Agent"). 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 Isola Bella". B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site constriction cost estimate ("Estimate") prepared by Waldrop Engineering, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05(C) and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code require the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. In conjunction with entering into this escrow agreement (the "Escrow Agreement") Developer has deposited with Escrow Agent the sum of Four Hundred Forty Eight Thousand Seven Hundred Eighty and 68/100 Dollars ($448,780.68) in Bank of America, Account No. 0036 6250 4064 to guaranty the completion of the remaining Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is Four Hundred Forty Eight Thousand Seven Hundred Eighty and 68/100 Dollars (S448,780.68), and this amount represents 100% of the Developer's engineer's estimate of the remaining construction costs to be incurred to complete the Required Improvements phis 10% of the total estimated cost of the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the County Manager or his designee within eighteen (18) months from the date of approval of said subdivision plat. 132337931 Packet Pg. 287 16.A.6. b 2. Developer hereby authorizes Escrow Agent to hold Four Hundred Forty Eight Thousand Seven Hundred Eighty and 68/100 Dollars ($448,780.68) (the "Escrow Funds"), in escrow, pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this Agreement. 4. The Escrow Funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs; and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of Forty Thousand Seven Hundred Ninety Eight and 24/100 Dollars (S40,798.24) which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such fiends a statement to be signed by the County Manager or Ills designee to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above -mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above -mentioned development work; and (d) The County will promptly repay to the Developer any portion of the fiends drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of only those specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow 132337931 Packet Pg. 288 16.A.6.b Agent shall constitute a release by the County and Developer of the Escrow Agent for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered for preliminary approval 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 Subdivision Regulations. 7. 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 the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required 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. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement to include closing the account, or disbursing any fiends from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval of the Required Improvements by the County Manager or his designee. After the one (1) year maintenance period by the Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement shall be automatically terminated. 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. l ] . All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. 132337931 Packet Pg. 289 16.A.6. b IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 20th day of November, 2018. SIGNED IN THE PRESENCE OF: Printed Name: / /, /, /' J:�- Printed Name:'— Printed Name: illc'� Printed Name: ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Deputy Clerk r,:: aS 0 airman S Appr fed as to f0,rdiiiiitl��: Print Name: f t I z 4 Assistant County Attorney 132337931 DEVELOPER: SEAGATE ISLAND INVESTORS, LLC, a Florida limited lia ty company By: Name: 2 Its: (Provide Proper Evidence of Authority) ESCROW AGENT: Roetzel & Andress, L.P.A. Print Name/Title: BOARD OF OU Y CO NERS OF COL R A By:___..___ Print Name: An�tl O t , Chairman T Packet Pg. 290 16.A.6. b ISOLA BELLA Exhibit 1 Rev01 09/10/2018 Onsite Offsite Improvements Improvements Total Wastewater $53,821.50 $51,388.00 $105,209.50 Water $28,880.00 $25,160.00 $54,040.00 SUBTOTAL = $159 249.51 Earthwork $12,162.89 $615.83 $12,778.72 Paving $48,054.21 $87,799.00 $135,853.21 Drainage $84,101.00 $0.00 $84,101.00 Lighting $16,000.00 $0.00 $16,000.00 SUBTOTAL = $248,732.93 TOTAL = $407,982.0 10% O&M = $40,798.24 GRAND TOTAL = 5448.780.6E Review Fees = $5,809.87 Review Fees Previously Paid= $5,535.20 Review Fees Due (Rev01) $274.67 Notes: 1) This Opinion of Probable Cost (OPC) shall be used for permitting purposes only. 2) This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC, and may require adjustments to delete, decrease, or increase portions of this OPC. 3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. These costs are subject to change due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor, j 4) No Landscape or Irrigation required as project boundary is internal tD development. No buffers proposed. Jac/r5f ri , P.E. * No. 83867 aII * , IX _ � r Florida License # 83867 r- STATE OF • '�W COA #8636 ii0'A�� OR10P •' �# /�sS/ONAL `\ /Ill I Il ►' Packet Pg. 291 16.A.6.b EstimatedUnit Item # Description Unit Price Amount Quantity Onsite WW-1 8" PVC Sanitary Sewer SDR-26 (0-6') 81 LF $30.00 $2,430.00 WW-2 8" PVC Sanitary Sewer SDR-26 (6-8') 82 LF $35.00 $2,870.00 WW-3 8" PVC Sanitary Sewer SDR-26 (8-10') 42 LF $40.00 $1,680.00 WW-4 8" PVC Sanitary Sewer SDR-26 (10-12') 44 LF $45.00 $1,980.00 WW-5 8" PVC Sanitary Sewer SDR-26 (12-14') 49 LF $50.00 $2,450.00 WW-6 8" PVC Sanitary Sewer SDR-26 (14-16') 49 LF $60.00 $2,940.00 WW-7 8" PVC Sanitary Sewer SDR-26 (16-18') 14 LF $70.00 $980.00 WW-8 Manhole (0'-6') 1 EA $4,000.00 $4,000.00 WW-9 Manhole (6'-8') 1 EA $5,000.00 $5,000.00 WW-10 Manhole (8'-10') 1 EA $6,250.00 $6,250.00 WW-11 Manhole (10'-12') 1 EA $7,500.00 $7,500.00 WW-12 6" Single PVC Sewer Lateral w/ Cleanout 1 EA $900.00 $900.00 WW-13 6" Double PVC Sewer Lateral w/ Cleanout 8 EA $1,200.00 $9,600.00 WW-14 Television Inspection 361 LF $2.00 $722.00 WW-15 Remove Existing 8" PVC Sanitary Sewer Main 321 LF $9.00 $2,889.00 WW-16 Remove Existing 6" Sewer Lateral with Cleanout 97 LF $6.50 $630.50 WW-17 Remove Existing Sanitary Sewer Manhole 1 EA $1,000.00 $1,000.00 SUBTOTAL = $53,821.50 Offsite WW-18 8" PVC Sanitary Sewer SDR-26 (16-18') 179 LF $70.00 $12,530.00 WW-19 Manhole (16'-18') 1 EA $11,000.00 $11,000.00 WW-20 Manhole (18'-20') 1 EA $15,000.00 $15,000.00 WW-21 Manhole (16'-18') Doghouse 1 EA $12,500.00 $12,500.00 WW-22 Television Inspection 179 LF $2.00 $358.00 SUBTOTAL = $51,388.00 TOTAL = $105,209.50 Packet Pg. 292 16.A.6.b Item # Description EstimatedUnit Quantity Unit Price Amount Onsite PW-1 8" PVC Water Main (C900, DR-18) 316 LF $25.00 $7,900.00 PW-2 8" Gate Valve 1 EA $1,500.00 $1,500.00 PW-3 1.5" Single Water Service, Complete 1 EA $900.00 $900.00 PW-4 1.5" Double Water Service, Complete 8 EA $1,000.00 $8,000.00 PW-5 Fire Hydrant, Complete 1 EA $4,500.00 $4,500.00 PW-6 Automatic Flushing Device 1 EA $5,000.00 $5,000.00 PW-7 Remove Existing 10" PVC Water Main 120 LF $9.00 $1,080.00 SUBTOTAL = $28,880.00 Offsite PW-8 10" PVC Water Main (C900, DR-18) 76 LF $32.00 $2,432.00 PW-9 10" PVC Water Main (C900, DR-14) 256 LF $38.00 $9,728.00 PW-10 10" Gate Valve 2 EA $2,000.00 $4,000.00 PW-11 Fire Hydrant, Complete 1 EA $4,500.00 $4,500.00 PW-12 Connect to Existing Water Main 2 EA $2,250.00 $4,500.00 SUBTOTAL = $25,160.00 TOTAL = $54,040.00 m m ca 0 m c c� CL w U U Q �a c ii 00 M 00 T L M� W M0 W C0 C U Q Packet Pg. 293 16.A.6. b EstimatedUnit Item # Description Unit Price Amount Quantit Onsite EW-1 Single Row Silt Fence EW-2 Turbidity Barrier EW-3 Sod (1' Behind Curb) EW-4 Inlet Protection EW-5 Remove Existing Retaining Wall Offsite EW-5 Single Row Silt Fence EW-6 Sod (ROW) EW-7 Inlet Protection 340 LF $2.00 $680.00 200 LF $25.00 $5,000.00 115 SY $3.50 $402.89 26 EA $100.00 $2,600.00 232 LF $15.00 $3,480.00 SUBTOTAL = $12,162.89 185 LF $2.00 $370.00 42 SY $3.50 $145.83 1 EA $100.00 $100.00 SUBTOTAL = $615.83 TOTAL = $12,778.72 Fa m m 0 N d a 4) U 0 Q R c ii 00 M 00 N m C O m C d E M V r Q Packet Pg. 294 Estimated Item # Description Unit Unit Price Amount Quantity Onsite P-1 3/4" Asphaltic Concrete (Type S-III) First Lift 1,411 SY $4.10 $5,785.10 P-2 3/4" Asphaltic Concrete (Type S-III) Second Lift 1,411 SY $5.20 $7,337.20 P-3 6" Limerock Base (Compacted and Primed) 1,411 SY $6.40 $9,030.40 P-4 12" Stabilized Subgrade 1,730 SY $2.00 $3,459.51 P-5 Valley Gutter 887 LF $10.00 $8,870.00 P-6 Type "A" Curb 149 LF $14.00 $2,086.00 P-7 Signing and Marking 1 LS $4,000.00 $4,000.00 P-8 Remove Brick Pavers 164 SY $5.50 $902.00 P-9 Remove Ribbon Curb 24 LF $5.00 $120.00 P-10 Remove Existing Asphalt 1,148 SY $5.50 $6,314.00 P-11 Remove Existing Wheel Stops 30 EA $5.00 $150.00 SUBTOTAL = $48,054.21 Offsite f° P-12 Remove Brick Pavers 795 SY $8.00 $6,360.00 pip P-13 Remove 6" Limerock Base 795 SY $3.00 $2,385.00 P-14 Remove Handicapped Curb Ramp 2 EA $500.00 $1,000.00 w P-15 Remove Type "F" Curb 345 LF $3.80 $1,311.00 P-16 Re -install Brick Pavers 7,155 SF $9.00 $64,395.00 P-17 6" Limerock Base (Compacted and Primed) 795 SY $6.40 $5,088.00 c a P-18 12" Stabilized Subgrade 795 SY $2.00 $1,590.00 P-19 Type "F"Curb 378 LF $15.00 $5,670.00 Q SUBTOTAL = $87,799.00 R S ii TOTAL = $135,853.21 M w .N m m c 0 m r c m E t w Q Packet Pg. 295 16.A.6. b Item # Description EstimatedUnit Unit Price Amount Quantity Onsite D-1 8" HDPE 202 LF $15.00 $3,030.00 D-2 12" HDPE 159 LF $21.00 $3,339.00 D-3 18" RCP 20 LF $53.00 $1,060.00 D-4 24" RCP 348 LF $65.00 $22,620.00 D-5 Yard Drain 23 EA $1,000.00 $23,000.00 D-6 Junction Box 3 EA $3,375.00 $10,125.00 D-7 Valley Gutter Inlet 2 EA $3,200.00 $6,400.00 D-8 Connect to Existing Drainage 2 EA $3,500.00 $7,000.00 D-9 Replace Grate Top with Junction Box Top 1 EA $500.00 $500.00 D-10 Remove Existing 15" HDPE 112 LF $10.00 $1,120.00 D-11 Remove Yard Drain 1 EA $200.00 $200.00 D-12 Remove Existing 15" RCP 112 LF $11.00 $1,232.00 D-13 Remove Existing 30" RCP 127 LF $25.00 $3,175.00 D-14 Remove Existing Drainage Inlet 2 EA $650.00 $1,300.00 TOTAL = $84,101.00 Packet Pg. 296 16.A.6. b Item tt Description lEstimatedQuantity Unit Unit Price Amount Onsite L-1 Street Lighting (Decorative) 1 LS $16,000.00 $16,000.00 TOTAL = $16,000.00 Packet Pg. 297 16.A.6.b 00111er COUnty Growth Management Department August 9, 2019 Development Review Division Roetzel & Andress — Naples 850 Park Shore Drive, 3`d Floor Naples, FL. 34103 RE: Construction, Maintenance and Escrow Agreement for Subdivision Improvements Account No. 0036 6250 4064 / Seagate Island Investors / Collier County Gov't. Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Escrow Agreement may now be reduced by $379,482.43, leaving an available balance of $69,298.24. The remaining balance represents $28,500.00 in uncompleted improvements, plus $40,798.24 as the required 10% maintenance guaranty. Therefore, $379,482.43 may now be release to the developer pursuant to the terms of the Agreement. If you should have any questions, please contact this office. Sincerely, jgOAn &Oujc&wo�tt/a John R. I Iouldsworth Senior Site Plans Reviewer xc: Waldrop Engineering Clerk to the Board Development Review DMsion • 2800 North Horseshoe Drive • Naples, Ronda 34104.239-252-24W - www.colagovnel Packet Pg. 298 16.A.6.b Co ww County Growth Management Department Development Review Division December 6, 2019 Roetzel & Andress — Naples 850 Park Shore Drive, 3'd Floor Naples, FL. 34103 RE: Construction, Maintenance and Escrow Agreement for Subdivision Improvements Account No. 0036 6250 4064 / Seagate Island Investors / Collier County Gov't. Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Escrow Agreement may now be reduced by $28,500.00, leaving an available balance of $40,798.24. The remaining balance represents the required 10% maintenance guaranty. Therefore, $28,500 may now be released to the developer pursuant to the terms of the Agreement. If you should have any questions, please contact this oflicc. 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WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 13, 2018, approved the plat of Isola Bella for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Isola Bella, pursuant to the plat thereof recorded in Plat Book 65, pages 37 through 38, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Isola Bella will be maintained privately in the future and will not be the responsibility of Collier County. [21-EIS-04408/1598508/1] Page 1 of 2 Packet Pg. 302 16.A.6.d This Resolution adopted after motion, second and majority vote favoring same, this day of , 2021. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney [21-EIS-04408/1598508/1 ] By: Penny Taylor, Chairman Page 2 of 2 Packet Pg. 303