Placement: Resolutions
Action Requested: Motion / Vote
title
Resolution 22-R63, Authorizing the Final Acceptance of Public Roadway Improvements for SW Discovery Way at Riverland Parcel A (P19-075) and SW Riverland Boulevard at Riverland Parcel C (P19-143), Constructed by Riverland Development Company, LLC.
body
Submitted By: Clyde Cuffy, P.E., 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 A (P19-075) and SW Riverland Boulevard at Riverland Parcel C (P19-143) 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: N/A, but staff is 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 with the understanding that the developer will install four (4) Montgomery Palms upon the completion of PSL Project No. 20-238, which is also referred to as the Riverland Paseo Overpass project, on the SW Riverland Boulevard at Riverland Parcel C project (P19-143).
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 A and SW Riverland Boulevard at Parcel C. The two roadway plans were approved by City Council on January 13, 2020, by Resolution 20-R02 and January 27, 2020, by Resolution 20-R16, respectively. 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 extends the roadway approximately 5,510 feet from SW Community Boulevard to SW Riverland Boulevard. The construction of 2,437 linear feet of SW Riverland Boulevard as approved by Council connects SW Discovery Way to the Riverland Parcel A Sports and Racquet Club entrance.
The total construction cost incurred by the developer for the projects was $4,511,595.75. The developer has provided a Bill of Sale and Owner’s Affidavit for the improvements constructed within the road right-of-way for each of the respective projects.
The Public Works and Utilities Systems Departments inspected the public infrastructure as it was being constructed within the road rights-of-way of SW Discovery Way and SW Riverland Boulevard 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 that the improvements of SW Discovery Way and SW Riverland Boulevard to be turned over to the City have been constructed in accordance with the approved plans and per the City’s specifications.
The landscaping within the median will be maintained by the City unless and until the developer enters into a Landscaping Maintenance Agreement with the City. The Landscape Architecture has certified that the landscape improvements of SW Discovery Way and SW Riverland Boulevard to be turned over to the City have been constructed in accordance with the approved plans and per the City’s specifications except for the items identified on each of the respective landscape certifications.
Representatives of the Public Works Department generated a punch list on April 14, 2021, for the Discovery Way at Riverland Parcel A project (P19-143). A final inspection was performed on February 23, 2022, to confirm all punch list items were satisfied.
Representatives of the Public Works Department generated a punch list on April 08, 2021, for the Riverland Blvd at Riverland Parcel C project (P19-075). A final inspection was performed on February 23, 2022, to confirm all punch list items were satisfied.
The Public Works Department recommends that the roadway and landscape improvements constructed per the approved plans by Riverland Development Company, LLC. be accepted based on the receipt of the engineer of record and landscape architecture construction certifications.
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 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 maintaining the drainage and turf improvements of the 7,987 LF of roadways is estimated to be $25,000 annually. The estimated annual maintenance cost for landscaping is $20,000.
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 and shall notify the developer in writing, by certified mail, of the contents of the report and the action not later than forty-five (45) days after receipt of the notice from the developer of the completion of the improvements. The City Engineer issued a certified letter to the developer on April 27, 2022, in accordance with the City Code of Ordinances indicating that the landscaping had not been constructed per the approved plans; thereby, the developer re-issued a new landscape certification indicating those items that were not constructed per the landscape plans. Pursuant to the receipt of new landscape certifications received for each respective project on May 2, 2022, the City Engineer is recommending to Council that the roadways be accepted based on the developer’s acknowledgement to accept the roadway improvements in accordance with Section 156.150 of the City Code of Ordinances with the understanding that the developer will install four (4) Montgomery Palms upon the completion of PSL Project No. 20-238, which is also referred to as the Riverland Paseo Overpass project, on the SW Riverland Boulevard at Riverland Parcel C project (P19-143). 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 latest information on May 2, 2022, a notice needs to be sent to the developer by no later than June 6, 2022.
Location of Project: SW Discovery Way, from SW Community Boulevard to SW Riverland Boulevard and SW Riverland Boulevard from SW Discovery Way to the Riverland Parcel A Sports and Racquet Club entrance.
Attachments:
1. Resolution
2. Owner’s affidavits for Riverland Boulevard at Riverland Parcel C
3. Owner’s affidavit for Discovery Way at Riverland Parcel A
4. Bill of Sale Absolute for Riverland Boulevard at Riverland Parcel C
5. Bill of Sale Absolute for Discovery Way at Riverland Parcel A
6. Cost Estimate for Riverland Boulevard at Riverland Parcel C
7. Cost Estimate for Discovery Way at Riverland Parcel A
8. Maintenance Bond for Riverland Boulevard at Riverland Parcel C
9. Maintenance Bond for Discovery Way at Riverland Parcel A
10. Roadway Turnover Request letter for Riverland Boulevard at Riverland Parcel C
11. Roadway Turnover Request letter for Discovery Way at Riverland Parcel A
12. Discovery Way at Par-A Landscape Certification
13. Riverland Blvd at Par-C Landscape Certification
14. Recorded Plat of Riverland Boulevard at Riverland Parcel C
15. Recorded Plat of Discovery Way at Riverland Parcel A and
16. 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: 8127
Legal Sufficiency Review:
Reviewed by Michele Samaroo, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.