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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 pq 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 * GM@1,&p"EM8ft*5-Y&V�AN1A 2w r ARIli 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 G:\ PROJ- ENGW\FC31CDS\06DP\03PPL \ICP Roadway 2- 12\Bond Ca1c.DOC