Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R60, Authorizing the Final Acceptance of Public Roadway Improvements for Becker Road at Riverland (P23-073), Constructed by Riverland Development Company, LLC
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Submitted By: Diana Spriggs, 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 (“Developer”) desires to turnover Becker Road at Riverland to the City per the Riverland Becker Road Construction Agreement and section 156.150 of the Code. Developer has substantially completed the construction of the roadway except for the street lighting that is to be installed by FPL. Staff recommends acceptance of the roadway with the condition that the City and Developer enter into a restoration agreement prior to turnover being effective, due to the potential damage to the existing facilities that may occur during installation of the FPL lighting.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council accept the roadway in accordance with Section 156.150 of the City Code of Ordinances, with the condition that the City and Developer must enter into a restoration agreement relating to the FPL lighting installation, in a form sufficient to the City, prior to turnover being effective.
Alternate Recommendations:
1. Move that the Council amend the recommendation and add conditions to complete the motion in the affirmative.
2. Move that the Council deny the roadway improvements and provide staff direction for future turnovers.
Background: Developer entered into the Becker Road Construction Agreement (“Agreement”) with the City of Port St. Lucie on February 14, 2022. The Agreement obligated Developer to construct 5,367 linear feet of Becker Road from the Community Blvd intersection to just east of the N/S B intersection. The total construction cost that the City would have incurred for the construction of the roadway was $16,876,229.20. According to the Agreement, Completion of Construction must occur within 15 months of the Developer receiving all permits and approvals for construction. The Agreement defines Completion of Construction as (i)a written Certificate of Completion issued by the EOR of record to the City, (ii) a final walk-through and acceptance by the City of the Riverland Road Section in accordance with Section 156.150 of the City Code, (iii) conveyance of utility easements, and (iv) posting a maintenance bond. Prongs (i), (iii) and (iv) have been satisfied. The Developer seeks to fulfill prong (ii) (turnover to the City) through this request.
The Public Works and Utilities Systems Departments inspected the public infrastructure as it was being constructed within the road right-of-way of Becker Road at Riverland in addition to performing a substantial completion and final acceptance review in accordance with the Florida Statues, City of Port St. Lucie Engineering Standards and City Code. The Engineer of Record (“EOR”) has certified that the improvements of Becker Road at Riverland to be turned over to the City have been constructed in accordance with the approved plans and per the City’s specifications, except the street lighting. The Landscape Architect has certified that the landscape improvements of Becker Road at Riverland have been constructed in accordance with the approved plans. Representatives of the Public Works Department generated a punch list on June 28, 2024, for the Becker Road project (P23-073). A final inspection was performed on August 2, 2024, to confirm all punch list items were satisfied. Unfortunately, the lighting to be installed by FPL has still not been completed.
Lighting is required as part of a complete street design according to the City’s Engineering Standards for Land Development, and an important part of the overall roadway design. Pursuant to the Engineering Standards, street lighting is deemed to be a signal and/or signage. Thus, when performing final inspection, it was noted that these items were missing from the list of required improvements contained in section 158.148(C)(14). Per Section 19 of the Engineering Standards, both City owned and privately owned facilities within a project are required to obtain a satisfactory final inspection report from the Public Works Department prior to final acceptance by the City. While the lighting involved will be owned and maintained by FPL, the failure of the lighting to be installed right now is problematic to the acceptance of the roadway. The location of the proposed lighting in relationship to the existing roadway improvements is likely to result in damage to the roadway upon installation of the lighting. If the City accepts the roadway as is, the City is likely to be responsible for repairing such damage should it occur. In short, the problem is a timing issue. Consequently, the Public Works Department recommends accepting the roadway with the condition that a restoration agreement is entered into to ensure that the City is not responsible for any damage caused during the FPL lighting installation.
Notably, the Developer is still in compliance with the Agreement even if the FPL lighting is not installed. The Agreement states that “Any delays beyond the direct and immediate control of GL for the installation of FPL street lighting shall not be the basis of any default of this Agreement by GL . . . the Completion of Construction shall not be considered delayed on the basis of any such delays”. The Agreement provides that a delay in prong (ii) of the Completion of Construction definition (i.e. turnover to the City) relating to the FPL lighting shall not be considered a delay for purposes of fulfilling the timeframes set forth in the Agreement. Therefore, the Developer has satisfied the Agreement’s Completion of Construction deadline. For informational purposes, this would be the case whether the roadway was accepted or rejected by the City for turnover based on the missing FPL lighting.
If the City Council decides to accept the roadway, 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 prior to the installation of streetlights to be completed by FPL. If no restoration agreement is entered into with the Developer prior to the roadway acceptance being effective, any damage done during the lighting installation will likely fall on the City to repair as this is likely outside of the scope of the Warranty provided by the Contractor and Developer. 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.
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 5,367 linear feet of roadways is estimated to be $48,000 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 29, 2024, a notice needs to be sent to the Developer by no later than September 12, 2024.
Location of Project: Becker Road between Community Blvd and N/S B roads.
Attachments:
1. Resolution
2. Owner’s Affidavit
3. Contractor’s Affidavit and Release of Lien
4. Bill of Sale
5. Cost Estimate - Maintenance Bond
6. Maintenance Bond
7. Owner’s Warranty
8. Contractor’s Warranty
9. Roadway Turnover Request letter
10. Landscape Certification
11. Recorded Plat
12. Location Map
13. Request for Roadway Turnover Memo
14. Substantial Completion Inspections for Roadway Turnover
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: 24208-01 & 24208-03
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.