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Backup Documents 11/13/2012 Item #16A14[PRINTER TABLE command: COURIER] ITEM NO.: DATE RECEIVED: FILE NO.: 'I' EIS Oa? 3 Y9 ROUTED TO: e*m*�Q A 14 Y AT 12 NOY 13 PM 3: 41 DO NOT WRITE ABOVE THIS LINE (orig. 9/89) Date: November 7, 2012 REQUEST FOR LEGAL SERVICES AR- PL201200001179 To: Office of the County Attorney, Attention: Emily Pepin From: John R. Houldsworth, Senior Engineer A Development Services, Engineering Revi Re: Riverstone — Plat Two L 11 A VP BACKGROUND OF REQUEST /PROBLEM: �i1/ 1511a ?�Wa e u0-c-e - Please review attoediConstruction & Maintenance Agreement and Performance Bond for legal sufficiency. (Are there documents or other information needed to review this matter ?) This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review & advise. OTHER COMMENTS: 1. Attachments appear to be consistent with County forms. 01 C Aqwh t n TL LL-- 16A14 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day ofNoy mbet, 2012 between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited liability company, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board ". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the board of a certain plat of a subdivision to be known as: Riverstone Plat Two plat. B. Chapters 4 and 10 of the Collier County Land Development code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. .5tt 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $1,038,375.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 16A14 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the required improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 16A14� IN WITNESS WHEREOF, the Board and the Developer h xxec�aused this Agreement to be executed by their duly authorized representatives this day day of � 0 V ,fir 2012. SIGNED IN THE PRESENCE OF: Printed arY%: Printed name: ATTEST. DWIGHT E. BROCK CLERK By: ' Deputy Cle p5 to Cad 1 r , Approved a;n'Slto form and ufficiency: Assistant ounty Attorney G.L. HOMES OF NAPLES ASSOCIATES II, LTD. By: Name: Title: IDi£f P , p►- BOARD OF COUNTY COM SSIONERS OF, COLLIER OUN Y „ILORI By. C Chairman r Fgft� CoyLVL legal EXHIBIT AW_ Riverstone Plat Two - 9/10/2012 16A14 Category Item Units Amount Unit Price Total Water 8" PVC Water Main w /Fittin s 4,470 LF $ 17.66 $ 78,940.20 8" C900 Water Main w /Fittin s 120 LF $ 20.11 $ 2,413.20 8" Gate Valve 6 EA $ 1,148.00 $ 6,888.00 Single Water Service (Short) 7 EA $ 479.68 $ 3,357.76 Single Water Service Lon 23 EA $ 550.26 $ 12,655.98 Double Water Service (Short) 30 EA $ 557.26 $ 16,717.80 Double Water Service (Long) 15 EA $ 740.20 $ 11,103.00 Fire Hydrant w/ 6" Gate Valve 10 EA $ 3,206.20 $ 32,062.00 Permanent Sampling Station 1 EA $ 1,073.50 $ 1,073.50 Connection to Exist. Main 2 EA $ 2,430.00 $ 4,860.00 Automatic Flushing Device 1 LS $ 4,205.60 $ 4,205.60 Sub -total $ 174,277.04 Sewer 8" PVC 0' -6' Cut) 670 LF $ 12.98 $ 8,696.60 8" PVC 6' -8' Cut) 914 LF $ 17.23 $ 15,748.22 8" PVC (8'-10'-Cut) 830 LF $ 19.48 $ 16,168.40 8" PVC 10' -12' Cut 919 LF $ 23.98 $ 22,037.62 8" PVC 12' -14' Cut 517 LF $ 30.48 $ 15,758.16 Manhole (0' -6' Dee 7 EA $ 3,741.80 $ 26,192.60 Manhole 6' -8' Dee) 3 EA $ 4,566.80 $ 13,700.40 Manhole 8' -10' Dee) 5 EA $ 5,286.00 $ 26,430.00 Manhole (10' -12' Dee) 3 EA $ 6,269.00 $ 18,807.00 Manhole (12' -14' Dee) 2 EA $ 7,152.00 $ 14,304.00 Outside Drop 3 EA $ 2,300.00 $ 6,900.00 Connect to Exist. Main 2 EA $ 1,820.00 $ 3,640.00 6" Single Sewer Service Lateral 6 LF $ 556.16 $ 3,336.96 6" Double Sewer Service Lateral 57 LF $ 658.74 $ 37,548.18 Sub -total $ 229,268.14 Drainage 15" RCP 603 LF $ 18.98 $ 11,444.94 18" RCP 991 LF $ 23.79 $ 23,575.89 24" RCP 729 LF $ 30.02 $ 21,884.58 48" RCP 407 LF $ 81.36 $ 33,113.52 15" Flared -end Section 2 EA $ 664.00 $ 1,328.00 18" Flared -end Section 5 EA $ 723.00 $ 3,615.00 24" Flared -end Section 4 EA $ 819.00 $ 3,276.00 48" Flared -end Section 2 EA $ 1,807.00 $ 3,614.00 Valley Gutter Inlet 24 EA $ 2,668.00 $ 64,032.00 Junction Box 2 EA $ 2,010.00 $ 4,020.00 Sub -total $ 169,903.93 Paving Type S -3 Asphalt 1" (First Lift) 12,640 SY $ 3.54 $ 44,745.60 Type S -3 Asphalt 3/4" (Second Lift ) 12,640 SY $ 2.77 $ 35,012.80 6" Limerock Base 12,640 SY $ 4.10 $ 51,824.00 12" Stabilized Sub grade 15,800 SY $ 1.25 $ 19,750.00 2' Valley Gutter 9,330 LF $ 5.60 $ 52,248.00 3'Valley Gutter at H/C Rams 20 LF $ 16.99 $ 339.80 Pavement Markings & Si na e 1 LS $ 1,000.00 $ 1,000.00 5' Concrete Sidewalk 9,350 SF $ 1.89 $ 17,671.50 Sub -total $ 222,591.70 Landscaping/ Irrigation Common /ROW /Lake - Sod/Landscpg. 136,560 SF $ 0.25 $ 34,140.00 Common /ROW /Lake - Irrigation 136,560 SF $ 0.35 $ 47,796.00 Sub -total $ 81,936.00 Street Lights Street Lights 22 EA $ 3,000.00 $ 66,000.00 Sub -total $ 66,000.00 Total $ 943,976.81 Bond Amount = Total x 1.1 _ $1,038,375 E mpaEr ••�'t 1'a ny:, o