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Backup Documents 06/25/2013 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A Li THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office j 1,2S-1 6 4. BCC Office Board of County I�l Commissioners (LA/ �,/t qt 5. Minutes and Records Clerk of Court's Office it I f 3 12:3cipm PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Reed Jarvi Phone Number 252-5849 Contact/ Department Agenda Date Item was 06/25/13 Agenda Item Number 16.A.10 Approved by the BCC Type of Document Agreement �-�l Number of Original 1 Attached toe. �� Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RJ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be RJ signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RJ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RJ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RJ should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwardi to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw of your deadlines! 8. The document was approved by the BCC on 06/2 13(enter date)and all changes RJ made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16Ai 0 MEMORANDUM Date: July 8, 2013 To: Reed Jarvi, Planning Manager Transportation Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Construction, Maintenance and Escrow Agreement for road and utility improvements for the Hacienda Lake Planned Unit Development Attached for your records is a copy of the document referenced above, (Item #16A10) approved by the Board of County Commissioners on Tuesday, June 25, 2013. The original will be held in our office until further notification. If you have any questions, please call me at 252-8406. Thank you. 16A CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT-OF-WAY THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGRiEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT-OF-WAY entered into this as day of Jkui,Q_ ,2013 between Hacienda Lakes of Naples,LLC hereinafter referred to as"Developer",the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the"Board"AND Coleman,Yovanovich&Koester, P.A. (hereinafter"Escrow Agent"). RECITALS: 1) Developer is required to construct utility and road improvements at the Collier Boulevard Rattlesnake Hammock Road intersection and an adjacent bridge over the Collier Boulevard Canal in accordance with Ord. No. 11-41 (the Hacienda Lakes Planned Unit Development). 2) Developer has,simultaneously with the delivery of this Agreement,applied for the approval of certain road and utility improvements at the Collier Boulevard and Rattlesnake Hammock Road intersection and adjacent bridge over the Collier Boulevard canal in accordance to Ordinance 11-41. The required improvements as defined in the cost estimates attached as Exhibit A (hereinafter"Required Improvements")shall be constructed in accordance with the plans and specifications as approved by Collier County Right-of-Way Permits#PRROW2013040798201 and #PRROW2012081809401. 3) Section 1. H of the Construction Standards Handbook for work within the Public Right-of-Way, as well as Art. IV of the Code of Laws and Ordinances of Collier County, Florida requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. 4) Escrow Agent has entered into a construction escrow agreement with Developer(the"Escrow Agreement")to fund the cost of the Required Improvements. 5) Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is$2,001,226.99,and this amount represents 110%of the Developer's engineer's estimate of the construction costs for 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 the Required Improvements pursuant to specifications that have been approved in the above-referenced right-of-way permits within twelve(12) months from the date of approval of this agreement. 2. Developer hereby authorizes Escrow Agent to hold in escrow$2,001,226.99 from the Escrow Agreement,in escrow,pursuant to the terms of this Agreement. CA 1641 0 3. Escrow Agent agrees to hold in escrow$2,001,226.99 from the Escrow Agreement,to be disbursed only pursuant to this Agreement. Escrow Agent acknowledges that this Agreement shall not constitute a draw against the Escrow Agreement fund, but that only such funds as are actually disbursed,whether pursuant to this Agreement or a provision of the Escrow Agreement,shall accrue interest. 4. The escrowed 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 less ten percent(10%);and further,that upon completion of the work,the County Manager or his designee may approve the release of any remainder of escrowed funds, less ten percent(10%)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 funds a statement to be signed by the County Manager or his 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 Escrow Agent any portion of the funds 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 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 Construction Standards Handbook for work within the Public Right-of-Way and Art. IV of the Code of Laws and Ordinances of Collier County. CFO' 16Aj 0 7. The County Manager or his designee shall,within sixty (6O) 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 County Manager or refuse � preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. O. 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 funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the County Manager or his designee.After the one 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 is 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. 11. 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of C, , 2013. Attest: BOARD TY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER C N , ^ 8y: uy GE[>RGN\A!H1LLER, Cha|rmxznnan 'Qppiity Clerk CLERK 16 A 1 SIGNED IN THE PRESENCE OF: Hacienda Lak,s/ONapitfes, !If BY: Printed Name / •4 5 Signature Printed Name Signature SIGNED IN THE PRESENCE OF: Coleman,Yovanovich & Koester, P.A . BY: Printed Name Richard 0.Yovanovich —i- Signature Title Printed Name ,- Signature Approved as to form and legal sufficiency: / ! Assistant County Attorney 16AiQ iu TA Im Protect Rattlesnake Water Main Replacement I'l unttn€ Prod 4: 050116.06.03 Task 4 Vr,u rlir ruon Calculated L3}: DRN Late: 4-Apr-13 t`t)NSl" 1.,"I`IN(1 Civil engineering ,Z- t V V.A. 3 Surveying & Mapping Checked By: JAZ Date: Preliminary Opinion of Probable Cost Rattlesnake Crossing Water Main. R.eplacment Based on revised plan"Off-site Water Main Relocation Plan&Profile"04-08-2013. Item No. Description U nit Ouantitv Unit Price Extended Price 1 Mobilization LS 1 $2.500 $2.500 2 Maintenance of Traffic I,S 1 $1.500 81.500 3 Slaked Silt Pence(lncis.Maintenance) 1.,P 404) 82 $600 4 Connect to Existing 24"w;90'Bend(1 astsidej EA I $2,500 $2,500 5 Directional Drill 24"HDPE Without Casing U' 320 $180 $57.600 6 Install 24"HOPE/Open-Cut 1,1' 203 S84 $16.951 7 Fittings 90 Degree Bends EA 2 $3,280 $6,560 8 Fittings 2/45'Bends& Ir 1.1.25'Bend EA 3 $3,280 $9,840 9 Install 42"Casing Under Pavement'Open-cut L.P 20 S78 $1.560 10 Restraining Joints(24" PVC) EA 14 $540 $7.560 t I Abandon Existing 24" W.M. with Plowable Fill LP 433 811 84,547 12 ARV EA 2 $1,800 $3,600 13 Fine Grading SY 650 82 $975 14 Sodding(Regular)-Bahia SY 650 S2 8975 15 24"Gate Valve& Vault EA 1 $13,000 $13,000 16 Connect 24"IIDPE to 24"PVC zu Canal Bank) LF 24 $88 $2,112 17 Furnish,Drive&Pull Steel Sheeting(31)'x 10') SI' 2,400 S8 818,600 Sub-"Total x$150,979 Contingency 0.0%of Total) $15.098 "total $166,077 Disclaimer: This document represents our opinion of the probable cost of the construction based on the referenced documents and nationally published construction cost guidelines and available information on local markets conditions. this estimate can provide guidance for your decision-making.however it is not intended to he a guarantee of the actual cost of a project. Frequent fluctuations in labor and building material costs,as v veil as the local hid climate,can substantially alter the construction cost of an individual project."Ihe final determination of building cost is made through the bidding process with a contractor. K:\2005\050150.06.06 Hacienda Lakes Phl Intersection Grading\0002 Opinions of Probable Cost\2013-04-04 Water Main OPC Revised\2013-04-08 Rattlesnake Water Main Replacement OPC.xls EXHIBIT . page 1 of 8 16 A 10 TAINc Planning i in Visualization St it :r1N(3 Civil Engineering JL. 116. V VA. -IL Surveying 8.: Mapping HACIENDA LAKES PH 1 INTERSECTION PHASE ONE PRELIMINARY OPINION OF PROBABLE COST SUMMARY PAVING,CURB, SWK, SIGNALS AND SIGNING/MARKINGS 5377,529.68 STORM DRAINAGE 5.15,64800 SANITARY SEWER 573,380.00 BRIDGE 51,201,760.50 TOTAL S1,668,318.18 CONT1NCENCY (110%of TOTAL) SI,835,149.99 Disclaimer: This document represents our opinion of the probable cost of the construction based on the referenced documents and nationally published construction cost guidelines and available information on local market conditions. This estimate can provide guidance for your decision- making, however it is not intended to be a guarantee of the actual cost of a project. Frequent fluctuations in labor and building material costs,as well as the local bid climate, can substantially alter the construction cost of an individual project. The final determination of building cost is made through the bidding process with a contractor. 1020 13 Summary I of 7 3:16 P.M EXH1BiT A page 2 of 8 16 A io Dia TA INCE,Planning Visualization CI'ON S t.1 ;t11 N 6 Civil Engineering V TA. Surveying & Mapping HACIENDA LAKES PH 1 INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project#: 050150.06.06 Date: May 7,2013 Estimated By: Doyle Nichols& Mica Jackson Checked By: Norm Trebilcock SANITARY SEWER DESCRIPTION UNIT QUANTITY UNIT EXTENDED COST COST 10" DIP Force Main(Open Cut) LF 245 $52.00 $12,740.00 Tie-into Existing Force Main LS I $1500.00 $3,500.00 Flowable Fill Encasement CY 153 $180.00 $27,540.00 Utility Conflicts&Crossings 7 $3,200.00 $22,400.00 A.R.V. EA $1,800.00 $1,800.00 10" DIP Fittings EA 12 5450.00 $5,400.00 TOTAL $73,380.00 .):11111Zfl. 510/2013 3:161,N1 EXHIBIT A page 3 of 8 16 A 10 Du TA INC Planning Visualization C NS ( ! LTINC3 Civil Engineering JIL Y TA. IL Surveying & Mapping HACIENDA LAKES PH 1 INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project#: 050150.06.06 Date: May 7,2013 Estimated By: Doyle Nichols & Mica Jackson Checked By: Norm Trebilcock STORM DRAINAGE DESCRIPTION UNIT QUANTITY UNIT EXTENDED COST COST 15" RCP LF Si $48.00 $2,448.00 Curb Inlet FDOT Type 5 EA 2 $4.200.00 $8,400.00 FDOT Index 250 Headwalls EA 2 $2,400.00 $4.800.00 TOTAL 515,648.001 10 2013 Storm ftaititig,t A of 3:lf,PM EXHIB=T A page 4' of 16 A 1 l' D\1 TA Visualization CO N S Ll I,T I N(. Civil Engineering 1 ■... V VA. -IL Surveying & Mapping HACIENDA LAKES PH 1 INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project#: 050150.06.06 Date: May 10,2013 Estimated By: Doyle Nichols& Mica Jackson Checked By: Norm Trebilcock I INTERSECTION IMPROVEMENTS DESCRIPTION UNIT QUANTITY UNIT COST EXTENDED COST Mobilization for Intersection Work LS 1 515,000.00 $15.000.00 Remove Existing Curb LF 839 $2.25 $1,887,75 Replace Curb Type "F" LE 858 58.50 $7,293.00 Remove Existing Sidewalk SY 694 $3.50 $2,429.00 Replace Sidewalk SY 262 $34.00 $8,908,00 Saw Cut Existing LF 256 $5.00 $1,280.00 Remove Guardrail LF 370 53.50 51.295.00 Replace Guardrail LF 263 $15.80 $4.155.40 Remove& Relay Brick pavers SY 20 $8.40 $168.00 Embankment to Bridge Approach CY 284 $6.50 $1,846.00 Milling Existing Asphalt(1.5") SY 5,995 51.34 $8,033.30 New Limerock Adjacent to Bridge SY 226 $18.40 $4,158.40 51:)/2.013 Intersection improvemcnts 4 of 7 3:16 PM EXHIBIT' A p%e 5 cii'8 16 A 10 Asphalt Overbuild wI Structural Course TN 267 $98/0 526,166.00 Asphalt 1.5" Superpave Course TN 422 $108.00 545,576.00 Asphalt 1 .5" Friction Course TN 422 $115.00 $40,530.00 3.5"New Asphalt AUacent to Bridge TN 65 $108.00 $7.020.00 1.5' Friction Course Adjacent to Bridge TN 77 $115.00 53.105.00 Temp. Pav't Marking During Paving LF 13,960 $0.15 $2,094.00 Final Pavement Marking& Signage LS 1 S27,440.08 $27,440.08 Flaridicap Ramps w/Truncated Domes SF 330 524.00 $7.920.00 M.O.T. for Intersection Work ES | $55,808.08 $55,800.00 Signalization for Intersection LS 1 S58.142.75 g58.142J5 Staked Silt Fence LF 2,200 $1.50 $3,300.00 Floating Turbidity Barrier LF 100 $12.50 $1.250.00 Construction Staking i.S l $5,500.00 $5,500.00 Remove Existing&Realign 10 Pathway SY 222 $26.00 $5,772.00 Alum. Ped.!Bicycle Picket Railing LF 120 $58.00 S6,960.00 Street Lighting System Modifications (Poles 85 thru 88) LS 1 $12,500.00 312,500.00 Valve, MH and Box Adjustments(20 count estimate) ES 1 84'000.00 $4,000.00 TOTAL 8377,529.68 u/ocms l==,u,~lm*ro` .�� 5m'? /.mru EX.-'i|B\TA p z!g e 6 of 8 16 A 10 Bid Item Description Unit Quantity Unit Price Total 101 1 Mobilization LS 1 $5.615.00 $5,615,00 555-1-1 Directional Bore LF 135 521.45 $2.895.75 630-1-12 Conduit Underground LF 900 $5.85 $5.265.00 632-7-1 Signal Cable Pi 1 $3,462.00 $3,462.00 635-1-11 Pull Box EA 10 $331.00 $3,310.00 635-1-40 Pull Box.Relocate EA 4 $208.00 S832.00 650-51-31'Traffic Signal3 section 1 Way AS 2 $1,000.00 52.000.00 653-191 Pedestrian Signal 1 Way AS 2 $846.00 S1,692.00 653-192 Pedestrian Signal 2 Way AS 3 $1,638.00 $4,914.00 659-1-02 Back Plate EA 18 $192.00 $3,456.00. 659-1-07 Aluminum Pedestal EA 6 $1,108.00 $6,648.00, 663-74-14 Vehicle Detector Pre Empt . EA - 4 $3,338.00 $13,352.00 665 11 Pedestrian Button EA 8 $177.00 $1,416.00 .6705-410 Controller Modify AS 1 $2,346.00 $2,346.00 690-10 _Remove Signal Head EA 2 $54.00 $108.00 690-100 Remove Miscellaneous PI 1 5215.00 S215.00 700-48-12 Sign Panel Mast Arm Mount EA 1 $400.00 S400.00 700-48-60 Sign Panel Removal EA 2 $108.00 S216 001 .. $58,142.751 6 16 A 10 ENGINEERS ESTIMATE-RATTLESNAKE HAMMOCK ROAD(CR 864)AND COWER BLVD(CR 951) INTERSECTION PLANS 41402 ITEM NO. QTY UNIT :TEM DESRIPTION UNIT PRICE COST EST CATEGORY I-SIGNING AND PAVEMENT MARKINGS 700-20-11 6 AS SINGLE POST SIGN(LESS THAN 12 SF) S 253.75 5 1,522.50 706-3 73 EA ERETER0 REFLECTIVE PAVEMENT MARKERS 5 3.25 5 237.25 0711 1111' 3717 NM THERMOPLASTIC,STANDARD,YELLOW,SOLID,6" S 1.42 5 5,276.14 0711 1111' 7061 LF THERMOPLASTIC,STANDARD,WHITE,SOLID,6" S 1.69 5 11,933.09 0711 1112: 1030 LF THERMOPLASTIC,STANDARD,WHITE,SOLID,12" S 1.59 5 1,740.70 0711 11121 129 LP' THERMOPLASTIC.STANDARD.WHITE,SOLID,18" 5 2.47 S 318.63 0711 1112) 1135 IF THERMOPLASTIC,STANDARD,WHITE,SOLID,24" 5 3.44 $ 3.904.40 0711 1113' 0.53 GM THERMOPLASTIC,STANDARD,WHITE,SKIP,6",10-30 SKIP OR 3-9 LANE DROP 5 1,080.84 5 572.85 0711 1115' 1544 LF THERMOPLASTIC,STANDARD,WHITE,DOTTED/GUIDELINE/6-10 GAP EXTENSION, 6" $ 0.77 5 1.186.88 0710 11161 12 E4 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,MESSAGE $ 31.57 0 383.64 0711 111:1 6 EA THERMOPLASTIC,STANDARD,WHITE,ARROW $ 60.00 $ 360.07 CATEGORY I-SIGNING 8 PAVEMENT MARKINGS TOTAL $ 27,440:55 `TOTAL S 27:440.16 7 B I