City of Port St. Lucie header
File #: 2024-770    Version: 1 Name:
Type: Resolution Status: Passed
File created: 7/30/2024 In control: City Council
On agenda: 8/12/2024 Final action: 8/12/2024
Title: Resolution 24-R48, Authorizing the Final Acceptance of Public Roadway Improvements for SW Discovery Way at Riverland Parcel C Phase 1 (P21-014), Constructed by Riverland Development Company, LLC.
Attachments: 1. 1. Resolution.pdf, 2. 2. Owners Affidavit- executed.pdf, 3. 3. Bill of Sale - executed.pdf, 4. 4. Warranty Records - executed.pdf, 5. 5. Cost Estimate - Maintenance Bond.pdf, 6. 6. Maintenance Bond.pdf, 7. 7. Demolition-Restoration Bond.pdf, 8. 8. Roadway Turnover Request Letter.pdf, 9. 9. Landscape Architect Certification Letter.pdf, 10. 10. Recorded Plat.pdf, 11. 11. Location Map.pdf, 12. P21-014_240731_Request for Roadway Turnover Memo.pdf, 13. P21-014_240731_Substantial Completion Inspections For Roadway Turnover.pdf

Placement: Resolutions                     

Action Requested: Motion / Vote                     

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Resolution 24-R48, Authorizing the Final Acceptance of Public Roadway Improvements for SW Discovery Way at Riverland Parcel C Phase 1 (P21-014), Constructed by Riverland Development Company, LLC. 

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Submitted By: Melissa Perry, Public Works.

Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.

Executive Summary (General Business): Riverland Development Company, LLC has completed the construction of the initial two lanes of SW Discovery Way at Riverland Parcel C Phase 1 (P21-014) as approved by City Council. The developer has requested the City accept ownership and maintenance of the roadway improvements in accordance with City Code of Ordinance Section 156.150.

Presentation Information: Staff will be available to answer questions.

Staff Recommendation: Move that the Council accept the roadway improvements in accordance with Section 156.150 of the City Code of Ordinances.

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and accept the roadway improvements.

2.                     Move that the Council not accept the roadway improvements and provide staff direction.

Background: Riverland Development Company, LLC (Developer) has completed the construction of SW Discovery Way at Riverland Parcel C Phase 1. The roadway plans were approved by City Council on April 28, 2021, by Resolution 21-R46. The approved roadway plans detail the construction of the initial two lanes together with landscaping, sidewalk, and drainage improvements that will support the ultimate roadway design. SW Discovery Way at Riverland Parcel C Phase 1 extends the roadway 3,393 linear feet from just west of Riverland Blvd. to approximately 51 linear feet west of the Riverland Parcel C secondary entrance. The total construction cost incurred by the developer for the project was $1,233,579.50. The Developer has provided the project cost estimate, maintenance bond, demolition bond, Bill of Sale and Owner’s Affidavit for the improvements constructed within the road right-of-way for the respective project.  The Public Works and Utilities Systems Departments inspected the public infrastructure as it was being constructed within the road right-of-way of SW Discovery Way in addition to performing a substantial completion and final acceptance review in accordance with the Florida Statues and City Code.   The Engineer of Record has certified the improvements of SW Discovery Way at Riverland Parcel C Phase 1 to be turned over to the City have been constructed in accordance with the approved plans and per the City’s specifications.  The Landscape Architect has certified that the landscape improvements of SW Discovery Way at Riverland Parcel C Phase 1 have been constructed in accordance with the approved plans and per the City’s specifications. 

Representatives of the Public Works Department generated a punch list on July 21, 2023, for the SW Discovery Way at Riverland Parcel C Phase 1 (P21-014).  A final inspection was performed on June 11, 2024, to confirm all punch list items were satisfied. The developer has provided a Demolition Bond for the driveway apron that will be restored. The driveway apron is located approximately 400 linear feet West of Riverland Blvd. Upon review of the information provided by the developer, roadway engineer of record and landscape architect, the Public Works Department recommends that the roadway and landscape improvements constructed by Riverland Development Company, LLC. be accepted in accordance with City Code.

The City Attorney’s Office has reviewed the Bill of Sale and Owner’s Affidavit for these public improvements in accordance with City Code.

Issues/Analysis: City Council’s execution of this Resolution will formally accept ownership and maintenance responsibility of the completed roadway improvements. The ownership and maintenance responsibility of the completed landscape improvements will be the City’s unless and until the developer enters into a Landscaping Maintenance Agreement that states otherwise with the City.

Financial Information: Roadway pavement typically has a service life of 15 to 20 years; therefore, maintenance costs are anticipated to be minimal for the initial service life. The maintenance costs associated with turf and landscaping of the 3,393 linear feet of roadways is estimated to be $30,000 annually.

Special Consideration: In accordance with City Code 156.148 (E), the City Council shall either approve, partially approve, or reject the improvements based on the recommendation from the City Engineer.  The City must notify the developer in writing, by certified mail, not later than forty-five (45) days after receipt of the notice from the developer if the City intends to accept or not accept responsibility of the improvements. Failure of the governing body to send or provide such notification to the developer within forty-five (45) days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements. Based on the receipt date of July 16, 2024, a notice needs to be sent to the developer by no later than September 1, 2024.

Location of Project: SW Discovery Way at Riverland Parcel C Phase 1 is just West of Riverland Blvd. to just West of Riverland Parcel C secondary entrance.

Attachments:

1.                     Resolution,

2.                     Owner’s affidavits for Discovery Way at Riverland Parcel C Phase 1,

3.                     Bill of Sale Absolute for Discovery Way at Riverland Parcel C Phase 1,

4.                     Warranty Records for Discovery Way at Riverland Parcel C Phase 1,

5.                     Cost Estimate for Discovery Way at Riverland Parcel C Phase 1,

6.                     Maintenance Bond for Discovery Way at Riverland Parcel C Phase 1,

7.                     Demolition Bond for Discovery Way at Riverland Parcel C Phase 1,

8.                     Roadway Turnover Request letter for Discovery Way at Riverland Parcel Phase 1,

9.                     Discovery Way at Riverland Parcel C Phase 1 Landscape Certification,

10.                     Recorded Plat of Discovery Way at Riverland Parcel C Phase1,

11.                     Location Map.

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

Internal Reference Number: 24198-10.

Legal Sufficiency Review: 

Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.