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Agenda 07/08/2014 Item #16A307/8/2014 16.A.30. EXECUTIVE SUMMARY Recommendation to approve a Developer Agreement between Hacienda Lakes of Naples LLC (Developer) and Collier County (County) to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard from two to four lanes, in a manner consistent with the Development Order Resolution 2011 -201. OBJECTIVE: To construct a portion of Rattlesnake Hammock Road as a four -lane roadway, instead of the currently planned two -lane roadway, between the road leading into the swamp buggy property and the proposed Benfield Road, at no additional cost to the County. CONSIDERATION: The Hacienda Lakes Development of Regional Impact (DRI) Resolution 2011 -201 (DO) was approved by the BCC on October 25, 2011, and specifically outlines the Developer's obligations to construct a two -lane road extending Rattlesnake Hammock Road from the Swamp Buggy ground entrance road to the future Benfield Road. Section 5.E.III of the Development Order provides in relevant part as follows: "The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection... Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the owner conveys the road right - of -way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $30,000 per acre. The improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement." Since the approval of the Hacienda Development, growth in Collier County has taken off dramatically. The adopted Long Range Transportation Plan contemplates a future widening of this road to four lanes, which will be needed sooner than contemplated in 2011. In order to minimize costs, as well as disruptions caused by a future construction, the parties have agreed that it is now in their collective best interest to build this short segment as a four -lane section in one project rather than two, with the Developer paying in full for the difference in costs between two lanes and four, and the Developer paying what it would have paid under the Development Order for a two -lane project. The Developer's engineer and the County's engineer have reviewed the design plans and concur with this approach. The Developer has agreed to design and construct the road in accordance Packet Page -957- 7/8/2014 16.A.30. with applicable Collier County and FDOT design standards and specifications for arterial roads. The County will have final inspection approval over the project. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: The proposed agreement is consistent with the goals and objectives of the Long Range Transportation Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is consistent with the Hacienda Lakes Development Orders, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board approve a Developer Agreement between Hacienda Lakes of Naples LLC and Collier County to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard from two to four lanes, in a manner consistent with the Development Order Resolution 2011 -201. Prepared By: Reed Jarvi, Transportation Planning Manager, Growth Management Division Attachments: 1) Locus Map; 2) DCA and Exhibits; 3) 2035 LRTP Needs Plan; 4) Engineers Memo; 5) Application Backup Information due to the size of the document it is accessible at: http://www.colliergov.net/ftp/AgendaJu]y06l4/GrowthMenit/Res 11 -201 DO %2011- 05.pdf; 6) Application Backup Information due to the size of the document it is accessible at: http: / /www.colliergov. net /ftp /Agenda.TuIV0614 /GrowthM2mt /Ord 11- 41.pdf Packet Page -958- 7/8/2014 16.A.30. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.30. Item Summary: Recommendation to approve a Developer Agreement between Hacienda Lakes of Naples LLC (Developer) and Collier County (County) to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard from two to four lanes, in a manner consistent with the Development Order Resolution 2011 -201. Meeting Date: 7/8/2014 Prepared By Name: BeardLaurie Title: Planned Unit Development Coordinator, Transportation Planning 6/26/2014 1:53:53 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/27/2014 4:28:16 PM Name: PattersonAmy Title: Manager - Impact Fees & EDC, Business Management & Budget Office Date: 6/30/2014 3:02:42 PM Name: AhrnadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 7/1/2014 9:32:22 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 7/1/2014 10:09:15 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 7/1/2014 11:09:44 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Packet Page -959- Date: 7/1/2014 11:54:13 AM Name: KlatzkowJeff Title: County Attorney, Date: 7/2/2014 10:40:59 AM Name: OchsLeo 7/8/2014 16.A.3O. Title: County Manager, County Managers Office Date: 7/2/2014 11:39:39 AM Packet Page -960- 7/8/2014 16.A.30. DEVELOPER AGREEMENT THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 8t' day of July, 2014, by and between Hacienda Lakes of Naples, LLC, with an address at 7742 Alico Rd, Fort Myers, FL 33912 (hereinafter referred to as "Developer "), and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County "). RECITALS: WHEREAS, Developer is the owner of approximately 2,262 acres of land located on the east side of Collier Boulevard at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and North and South of Sabal Palm Road in Collier County, Florida, known as the Hacienda Lakes MPUD, more particularly described in Ordinance No. 2011 -41 and shown on Exhibit A (hereinafter referred to as the "Development "); and WHEREAS, the Board of Collier County Commissioners approved the Hacienda Lakes Development of Regional Impact under Resolution No. 2011 -201 (hereafter referred to as the "Development Order "), which specifically outlined the transportation commitments and defined the Developers' obligations and the County's participation; and WHEREAS, Section 5.E.III of the Development Order provides in relevant part as follows: "The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection... Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time of construction, and shall include the fair market value of the land or easement when the owner conveys the road right - of -way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $30,000 per acre. The improvement and the area Packet Page -961- 7/8/2014 16.A.30. allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement;" and WHEREAS, the Collier County Metropolitan Planning Organization's adopted Long Range Transportation Plan identifies this facility as a four lane roadway; and WHEREAS, the parties wish to avoid impacting current and future residents with multiple construction projects; and WHEREAS, Developer and County agree to the construction of the road segment as a four lane roadway, as shown on Exhibits B & B2 (hereafter referred to as "Road Project "); and WHEREAS, Developer agrees to fully bear the cost differential between constructing the road as a four lane roadway instead of a two lane roadway, with the parties otherwise adhering to the process set forth in Section 5.E.II1 of the Development Order, in accordance with certain terms and conditions set forth below; and WHEREAS, the Growth Management Administrator has recommended to the Board of County Commissioners that the Road Project is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffinns that: a. The Road Project is in conformity with the contemplated improvements and additions to the County's transportation system; and b. The Road Project, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Road Project is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system and the Long Range Transportation Plan. 2 Packet Page -962- 7/8/2014 16.A.30. WITNESSETH: NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration exchanged between the parties, and in consideration of the covenants pertained herein, the parties agree as follows: 1. All of the above recitals and exhibits referenced therein are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Developer shall design and construct the Road Project in accordance with applicable Collier County and FDOT design standards and specifications for arterial roads as depicted in the plans developed by a planning and engineering firm retained by Developer (hereafter referred to as the "Design Engineer ") and under review by Collier County under Plans and Plat Application No. PL #20130000589. Completion of the construction of such Road Project shall satisfy the Developer requirements of Section S.E. III of the Development Order. The proposed typical section for the Road Project is shown in Exhibit C. 3. If the Developer desires to record a plat that includes the right -of -way tract for the improvements discussed in this Agreement prior to acceptance of the improvements, then it shall provide surety via a separate instrument in a form acceptable to the County for 100% of the outstanding work and 10% of the total work. If recordation of the plat is not necessary until after completion of the improvements, then surety equal to 10% of the costs incurred shall be required during the one -year maintenance period. 4. The Developer shall receive Road Impact Fee Credits equal to fifty percent (50 %) of the cost of the two lane portion of Road Project ( "Road Costs "). The Road Costs shall be determined as the sum of right -of -way costs, design fees, construction engineering and inspections (CEI) and the Road Project construction costs as further described below. For the purposes of design fees and CEI fees, they shall be divided into design and CEI fees for portions of the project that are impact fee creditable. These divided design and CEI fees will be specific to the project, however, will not exceed the recent average County contracted design and CEI fee percentages versus construction costs for County sponsored road projects. In accordance with documentation received from the Collier County Transportation Engineering Department, total design fees should not be more than 12.5% and total (developer paid and County paid combined) 3 Packet Page -963- 7/8/2014 16.A.30. CEI fees should not be more than 10.8% of construction costs. The Design Engineer shall certify in writing of the amount of the design services that are attributable to the Impact Fee Creditable portion of the project. 5. The Road Impact Fees Credits identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due to the County by Developer or its assignees (for any need including, but not limited to issuance of site plan or plat approvals as well as building permits) thereon until the credits are exhausted or otherwise no longer available. The Road Impact Fee Credits may be assigned by the Developer to other parties and shall be allowed to be used in the same road district or any adjacent road district. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which Developer, its successors and assigns are responsible in connection with the development of their lands. It shall be the Developer's or its assignees' obligation to notify the County that a credit is available for use in offsetting a Road Impact Fee obligation. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement, is attached as Exhibit D. 6. The following process shall be followed in order to determine unit prices for the computation of Road Impact Fee Credits on the Road Project construction costs. a. The Developer shall prepare and the County shall review and approve all plans for the Road Project. A bid tab defining quantities and items shall be prepared by the Design Engineer following the second review of the Road Project plans. Upon approval of this preliminary bid tab a bid package inclusive of the Road Project plans and bid tab shall be prepared in preparation of project for advertising. b. The Developer will place an ad in the local newspaper and advertise in the County's website soliciting bids for the Road Project at least 15 calendar days prior to the date for which the bids or proposals are due. The County shall use its email purchasing notification system to notify all applicable registered vendors in the County's database of the purchase. All sealed bids received by the Developer and the County shall be provided to the County's Purchasing Department. The County shall be responsible for reviewing all solicitation announcements and the tabulated results (bids or proposals received) and will rank all qualified bids or proposals from lowest to highest. Any questions or 4 Packet Page -964- 7/8/2014 16.A.30. comments from prospective bidders or proposers will be forwarded to the Developer for action. If any addenda to the bid solicitation are needed, the Developer will address and provide appropriate responses to the County's Purchasing Department for distribution to all the bidders or proposers. c. Developer shall document to the County the results and outcomes of each such solicitation. d. The Developer may negotiate with one of the bidders or any other firm or group of firms to complete the Road Project. However, the Road Impact Fee Credits for the eligible portions of the Road Project shall not exceed the lowest qualified bid price for that item as submitted to the County. e. If the lowest bid exceeds the engineer's estimate by 20 %, then County and Developer must mutually agree that such price is reasonable and agreeable to both parties. 7. The Developer shall engage the services of a third party CEI inspection firm, which firm is acceptable to the County, to ensure that the project is constructed to the approved design standards and to document the final quantities that shall be used for computation of the Road Impact Fee Credits. The Developer engaged CEI shall share inspection service requirements with the County provided CEI for this project. For this project, that sharing of resources shall be on a 50 %150% basis. However, if there is a dispute, the County CEI direction shall control. The County will review and approve all final quantities. a. The Developer's CEI shall keep the County's Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications. It shall be the responsibility of the Developer's CEI to administer, monitor, and inspect the Road Project to ensure the Road Project is constructed in reasonable conformity with the plans, specifications, and special provisions of the permit for Road Project. b. The Developer's CEI shall observe the Contractor's work to determine the progress and quality of work, and shall maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The Developer's CEI zn will monitor off -site activities and fabrication unless otherwise stipulated by 5 Packet Page -965- 7/8/2014 16.A.30. agreement with the Developer and /or the County, shall identify discrepancies, report significant discrepancies to the Developer and the County, and direct the Contractor to correct such observed discrepancies. The Developer's CEI shall inform the County Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. c. The Developer's CEI shall facilitate communications between all parties ensuring responses and resolutions are provided in a timely manner, and shall maintain accurate records to document the communication process. d. The Developer's CEI shall monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan. e. The Developer's CEI shall oversee sampling and testing in conjunction with a licensed laboratory. The sampling and testing of component materials and completed work items are to ensure that the materials and workmanship incorporated in the project are in reasonable conformity with the plans, specifications and contract provisions. Provide daily surveillance of the contractor's quality control activities and perform the sampling and testing of materials and completed work items for verification and acceptance according to FDOT Standards. f. During the term of the Road Project, the County will review various phases of the Developer's CEI operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with this Agreement. The Developer's CEI shall cooperate and assist County representatives in conducting the reviews. If deficiencies are indicated, remedial action shall be implemented immediately. g. The Developer's CEI shall schedule and conduct a pre - construction conference with appropriate County staff. The purpose of this meeting is to discuss the required documentation, including as- builts, necessary for permit(s) compliance. Record significant information revealed and decisions made at this conference and distribute copies of the minutes to the appropriate parties. .1 Packet Page -966- 7/8/2014 16.A.30. h. The Developer's CEI shall review all requests for change orders by the contractor and if acceptable to the Developer's CEI, they shall be presented to the Developer and the County for final approval prior to authorization being given to the contractor. i. Upon Project completion, the Developer's CEI shall certify that the inspection, testing and documentation was done in accordance with the project's specifications, plans, standard indexes, and County permits and procedures. The Developer's CEI shall submit the final construction quantities of the Road Project and two (2) sets of final "as -built plans" (one in ACAD format and one in paper format) that documents the Contractor's work on the Project. These shall be in X, Y, Z coordinate system and shall be in accordance with County standards and the Collier County Utilities Ordinance. 8. The total amount of Road Impact Fee Credits shall equal fifty percent (50 %) of the sum of right -of -way costs, design fees, construction costs and CEI fees for the two -lane portion of the four -lane roadway. As agreed to in the Development Order section 5.E.III, right -of -way costs shall be computed at a rate of $30,000 per acre for the land and shall also include mitigation costs per section S.H. Mitigation Costs have been agreed by the parties to equal $13,175.85 per acre; based on the estimated right -of way of 4.02 acres, right -of way costs shall total $173,566.92, but shall be "trued -up" following final detennination of the acreage. Design fees shall be computed as the product of the ratio of the impact fee creditable construction costs over the total construction costs multiplied by the sum of the actual Developer costs for the Design Engineer and other consultants necessary during the permitting and bidding process. Construction costs shall be determined as the product of the two -lane quantities provided by the Design Engineer multiplied by the unit pricing determined under the process outlined above. Developer's CEI fees shall be computed as the product of the ratio of the impact fee creditable construction costs over the total construction costs multiplied by the sum of the actual Developer costs for CEI inspection services and testing. Developer's CEI rates shall not exceed existing County approved continuing services contract rates for CEI services in effect at the time of this Agreement. 9. Developer shall keep a ledger of expenses specifically for the Road Project and such ledger shall be presented to Collier County monthly and upon completion of the Road Project. 7 Packet Page -967- 7/8/2014 16.A.30. Legal Matters 10. The Road Project shall be submitted for review, permitting and inspection through the Collier County Community Development Engineering Services Department and the Collier County Transportation Right -Of -Way Department. Final acceptance shall be consistent with the typical County acceptance process for public roads. The Design Engineer shall attend any and all public meetings regarding this Road Projects at no cost to Collier County. 11. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then - current form of assignment, to successor owners of all or part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 12. Developer acknowledges that the failure of this Agreement to address any pennit, condition, term or restriction shall not relieve Developer or its successors or assigns of the necessity of complying with any law, ordinance, rule, or regulation governing said permitting requirements, conditions, terns, or restrictions. 13. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terns of this Agreement, including but not limited to State legislation which materially changes the County's ability to charge impact fees, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 14. The Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. The parties hereto shall do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 8 Packet Page -968- 7/8/2014 16.A.30. 15. This Agreement shall be governed by and construed under the laws of the State of Florida. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then - current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 16. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112 -5746 Phone: (239) 252 -8383 To Developer: Hacienda Lakes of Naples LLC 7742 Alico Road Ft. Myers, FL 33912 Phone: (904) 762 -4454 17. This Agreement, together with Ordinance No. 2011 -41 and Resolution No. 2011 -201, constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 18. This Agreement is intended to supplement and be fully consistent with Ordinance No. 2011 -41 and Resolution No. 2011 -201. Should any dispute develop with respect to any E Packet Page -969- 7/8/2014 16.A.30. inconsistency between this Agreement and these Development Orders, the terms of the Development Orders shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Hacienda Lakes of Naples, LLC By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 2014, by as for Hacienda Lakes of Naples LLC, who is personally identification SEAL Approved to form and legality: known to me or has produced as Jeffrey A. Klatzkow, County Attorney Notary Public Printed Name 10 Packet Page -970- ;C E N G "oJ Y. d O a E a co 1 v s N EXIT 101 �o J o� r �I U D Q w J m W J U RATTLES' HAMMOCK IIyT�R �t'ecr� COMMUNITY DEVELOPMENT DISTRICT BOUNDARY tMsrp�ky 1�'£"FO ISE., 4 I� FS WAY �LTtis. RATTLESNAKE HAMMOCK RD. 7/8/2014 16.A.30. m", IY 2m o- VICINITY MAP N.T.S. AREA OF PROPOSED PHASE 2 CONSTRUCTION IJI DEVELOPMENT BOUNDARY E I � I 0 1/2 MILE � COMMUNITY DEVELOPMENT DISTRICT LANDS i NOTE: THE DEVELOPMENT IS ZONED MPUD HACIENDA LAKES 950 Encore Way CHECKED BY : PROXCT Na No lea, FL. 34110 PHASE 2 W.T.C. 2013.009 Phone: (239) 254 -2000 DRAWN BY ; CAD FILE NAVE H L M NNTE Florida Certificate of LOCATION MAP JON PRE-"PP DATE : EXHIBIT — ITEM 91SfLAH9riRS-StIRrEm Authorization No. 1772 03/W3 1 Packet Page -971- 7 /O Inn 4 A 4G A ` // O/ L V l •t I u dl%. t�. ltrsi4diae��w 0 2400 4800 �iCCJk :�>a,it' SCALE IN FEET Cyl Ma. 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AREA 950 Encore Way CHECKED BY : PROJECT No. No tea rL. 34110 LOCATION OF PHASE 2 W.T.C. 2013.011 Phone: F395 254 -2000 WITHIN M.P.U.D. DRAWN BY: CAD pU NAME: HOLE MONTES Florida Certificate of wIPUO� XIii mm tKmes -91 m Authorization No.1772 MASTER PLAN DATE 03/2D14 Et EflHX I ITEM 81T 2 Packet Page -972- U. I 1 ---------------- 08VA3,inoa S3XVI VCN310VH 3Nnin-, I Il I � ' 1 ----------- 0 rq f 11 r ;' Q LU Co Co iM tl 4-9 LU II a LL 0 k1. Li 1 Cl Packet Page -973- ----- ------ 7/8/2014 16.A.30. I.- X W aLLX 1 0) w F O 0 C.� LU 011 < yf Packet Page -973- ----- ------ 7/8/2014 16.A.30. I.- X W aLLX 1 0) w F O 0 C.� 0 0 i r / y 0 a E 0 4] 0 0 N .D O N O i v 0 0 0 0 0 F U z 0 0 i 0 i 7/8/2014 16.A.30. m Cr t2 0 w w z r ,+l Q z ,,- mX ¢ZIt TLM O N x> 7-gc5 x W'w wCL w wQ .: w W En Fr S O O aJ m p. W J O ^ z Q N `� i e t1i w Q N M J ! . 0 w z m O 0 a O C N V N J c� 07F � U LiQ � D t0 �� N v 00 p O Cr w w w ol n c0=i� rn C �'ao Oz m W N 4 ,n a c� z N c� Q 0. CV z0 N =O m C.> 0 0 `1 O a '' w x w F- V) N W O N Q ` 0 w IL O d YQ .¢ J Q M Z = O Z 2 Q M a Q m m - C9 V X- M �!� //��� o Of a w~ = F- w F= 0 N Q V = w M Ivi Q 0 N O O z IbJ O El.1 N °m 'F o O p 0 O � {� ~ a N Le: N N v z F- t0 � W Q '^ N n N J v/ fV C. TgIN a Z Z�V F— F— � B V O o I w = w " • V1 C7 N 3 z _ z 3 gV w D O ~ HOC Z o o C a U J N z C u o w EL v m U W Q O T N C N n a ro.` a Q 00 W 0 Z o w x Q' t .w J oQ >p ® Q IL N m Mw O j �W CL Wjd F= < QU 3 N QJ pZ LS/SD S V O© c Z N N o w y N Q J � \✓ r 7 Q Q Z=) P O W a LL W S`_ Q V Q r ED d Z Z ® ` ws g z O < 20 N� ©�O Lwi� Z0 0Z J ul in 0 oag Z CL Q Q 7^ 0 0 w in a. •! N- w N Q M at <m a o00000� Sao �zmQ QO(=A Q V01F- g N LJ Z .= CH t7 my zmv� b�� e3F Packet Page -974- 7/8/2014 16.A.30. EXHIBIT D HACIENDA LAKES DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Impact fee ledger I Beginning Balancel $608,718.45 Packet Page -975- Packet Page -976- FEW IT= ir C, 0 Packet Page -977- 7/8/2014 16.A.30. TECHNICAL MEMORANDUM 7/8/2014 16.A.30. CH2MHILL Hacienda Lakes - Rattlesnake Hammock: Phase II PREPARED FOR: Nick Casalanguida, Administrator, Growth Management Division - Collier County Laurie Beard, Transportation Planner - Collier County PREPARED BY: Bill Gramer, P.E. / CH2M HILL COPIES: File DATE: June 29, 2014 Overview: The following is an evaluation of Hacienda Lakes - Rattlesnake Hammock: Phase II Engineers Opinion of Probable Cost(s) prepared by Hole Montes on 4/23/14. The evaluation was based on a review of the Hacienda Lakes - Rattlesnake Hammock: Phase II Plans previously prepared by Hole Montes (Dated Jan 2014). These cost estimates were prepared by the Developer's Engineer as part of a Developer Contribution Agreement (DCA) between Hacienda Lakes of Naples LLC (Developer) and Collier County (County) to fund, design, permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard consistent with the Development Order Resolution 2011 -201. Review: Collier County requested that CH2M HILL evaluate the Hacienda Lakes - Rattlesnake Hammock: Phase II Engineers Opinion of Probable Cost(s) to review its consistency with the required improvements for both a 2 -Lane and 4 -Lane construction scenario. As part of our services, CH2M HILL performed reviews of the following: The Engineers Opinion of Probable Cost for Developers Agreement (2 -Lane Version) totaled $843,951.36 for Drainage, Roadway and Site work (Dated 4/23/14). The Engineers Opinion of Probable Cost for Developers Agreement (4 -Lane Version) totaled $899,479.40 for Drainage, Roadway and Site work (Dated 4/23/14). Hacienda Lakes - Rattlesnake Hammock: Phase II Plans previously prepared by Hole Montes (Dated Jan 2014). C: \USERS \BGRAMER \DOCUMENTS \BD PLANNING \DEVELOPER RESPONSIBILITY 2014\ HACIENDA_ PHASE II_2V4_EVALUATION_062914.DOC COPYRIGHT 2014 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL Packet Page -978- 7/8/2014 16.A.30. Based on the information provided, the Developers quantity estimates accurately reflected the expected material quantity differences (2 -Lane Typical Section vs. 4 -Lane Typical Section) in the following bid items: • Type FC -9.5 (Friction Course) • Type SP -12.5 (Structural Course) • Base (Base Group 9 - Limerock) • Type B Stabilization (Sub grade) • Type F Curb and Gutter • Signing and Pavement Marking (Various Items) The "Unit Costs" utilized for the estimates were compared to recent Collier County and Florida Department of Transportation (FDOT) Bid Histories and found to be consistent and within expected ranges. Please note the following.: ENGINEER's Cost Opinions: In providing opinions of cost for the PROJECT, ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT. Therefore, ENGINEER makes no warranty that COUNTY's actual PROJECT costs will not vary from ENGINEER's opinions, analyses, projections, or estimates. Conclusion: Based on our analysis, the Engineers Opinion of Probable Cost(s), prepared by Hole Montes for the comparison of a 2 -Lane Typical Section and a 4 -Lane Typical Section, are reasonable and represent the basic differences between the two typical sections. CAUSERS \BGRAMERIDOCUMENTS\BD PLANNING \DEVELOPER RESPONSIBILITY 2014\ HACIENDA_ PHASEII _2V4_EVALUATION_062914.DOC Packet Page -979-