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Agenda 07/10/2018 Item #16A1207/10/2018 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Fiddler’s Creek Phase Four Unit Two, Application Number AR-8848; and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure improvements associated with the subdivision, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On February 9, 2015, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Fiddler’s Creek Phase Four Unit Two. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association and community development district. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on June 4, 2018, and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Developmen t Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association and community development district. The existing security in the amount of $209,001.52 will be released upon Board approval. The original security in the amount of $1,920,139.55 has been decreased to the current amount of $209,001.52 based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated January 30, 2006. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Fiddler’s Creek Phase Four Unit Two, Application Number AR-8848, and authorize 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review Division 16.A.12 Packet Pg. 636 07/10/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.12 Packet Pg. 637 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 5873 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat o f Fiddler’s Creek Phase Four Unit Two, Application Number AR-8848; and authorize the release of the maintenance security. Meeting Date: 07/10/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 06/04/2018 2:31 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/04/2018 2:31 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2018 2:45 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/05/2018 3:40 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/05/2018 4:43 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 06/06/2018 10:32 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:44 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/08/2018 9:19 AM Growth Management Department James C French Deputy Department Head Review Completed 06/08/2018 9:38 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/08/2018 11:43 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:50 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 7:23 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2018 11:26 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:48 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 9:34 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.A.12 Packet Pg. 638 FIDDLER'S CREEK PHASE FOUR UNIT TWO VOX* $/ 3® wwrj/ s i\ 9 / CHAMPIONSHIP I 'RIVE ATIOm AUBUR N SOCIET N ROOKERY BAY T W. LDL1FE SANCTUARY -SITE 7 • \ / I " % f b * " I J^r-5 I \ • V 1 >= FIDDLHR'S CREEK \ PARKWAY EXTENSION^ aU0 CENTER BLVD -t/—MULBERRY LANE SB / . 3001ER'S CREEK." 'ARK WAY o C, ir tr ^ARCb SHARES- RCO ND OF RT » AIR 'API z I !L O // // I 4 ( u X '^%MARh ISLAND \ \ O \ o 1010 \ lAWIfU? LMY L Q> li/ l_ LOCATION MAP 16.A.12.a Packet Pg. 639 Attachment: Location Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Document Prepared By: Michael T. Herrera, P.E. 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 M day of A\.J 2006 between G.B. Peninsula, Ltd., hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 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: A. "Fiddler's Creek Phase 4 Unit Two" Division 3.2 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. B. 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: 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. 1. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $1,920,139.55 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. 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. 3. 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. F:\JOB\E-F\FIDDLER'S CREEK\FCU4PLT\Const Maint Agree l-23-06.DOC FCU4PLT 16.A.12.b Packet Pg. 640 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Fiddler's Creek Phase 4 Unit Two Construction & Maintenance Agreement For Subdivision Improvements Page 2 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. 5. 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. 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. 7. 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. 8. FCU4PLT F:\JOB\E-F\FIDDLER'S CREEK\FCU4PLT\Const Maint Agree l-23-06.DOC 16.A.12.b Packet Pg. 641 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Fiddler's Creek Phase 4 Unit Two Construction & Maintenance Agreement For Subdivision Improvements Page 3 All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. 9. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this % C 7 Mdav of . 2006. Signed, Sealed and Delivered in the presence of: G.B. Peninsula, Ltd. A Florida Limited Partnership 6 m-BY: (Printed or Typed Name) Q ft Mark DP. Strain, Attorney-in-fact, Vice President of Planning r Printetz or Typed Name) ~JvcQ,y A) t " Attest: - Dwight E. Brock, Clerk Board of County Commissioners of Collier County, Florida BY: Deputy I v ^ V|< is to Chs i rasan' $ tlfMtur* only. V Frank Halas, Chairman Ap irovyljas to form and legal sufficiency: r\ \ JeflWy Klatzkow Collier County Attorney \ F:\JOB\E-F\FIDDLER'S CREEK\FCU4PLT\Const Maint Agree l-23-06.DOC FCU4PLT 16.A.12.b Packet Pg. 642 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 6.0 ENGINEER'S OPINION OF PROBABLE COST 6.1 Bid Schedule Summary TOTAL PRICE DESCRIPTION SCHEDULE $12,208.00 A Earthwork $737,416.69 B Paving $888,811.60 Wastewater Collection C $362,273.00 Potable Water Distribution D $194,867.00 E Irrigation Storm Drainage $269,942.20 F $244,000.00 G Lighting & Landscaping $2,709,518.49 TOTAL 6.2 Bid Schedule Summary for Bonding and Permit Fee Purposes * TOTAL PRICE DESCRIPTION SCHEDULE $12,208.00 A Earthwork $737,416.69 B Paving Wastewater Collection $888,811.60 C $362,273.00 Potable Water Distribution D $52,380.00 E Irrigation $269,942.20 Storm Drainage F $244,000.00 Lighting & Landscaping G $2,567,031.49 TOTAL $1,303,464.60 Underground Utility Total Roadway, Drainage, Excavation Total $1,263,566.89 * Note: The Opinion of Probable Cost is for Phase 4 Unit 2 Construction Plans. However, Phase 4 Unit 2 Construction Plans consists of two different Plats; Phase 4 Unit 2 Plat (AR 7090) and Phase 4 Unit 3 Plat (AR 8149). For bonding purposes the opinion of probable costs shall be allocated according to corresponding plat. Therefore, AR 7090 construction amount is $1,745,581.41, bonding amount at $1,920,139.55. AR 8149 construction amount is $821,450.08 and bonding amount at $903,595.09. In addition, there is an amendment (AR 8848) currently under review for the construction plans. This amendment does not affect the Plat or construction costs associated with AR 7090. ,icr F:\JOB\E-F\FIDDLER'S CREEKAFC U4PLT\Engineer's Report 8-01-05.DOC 16.A.12.b Packet Pg. 643 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) (Fiddler's Creek Phase Four, Unit Two) PERFORMANCE BOND Bond # SOI 71 75 KNOW ALL PERSONS BY THESE PRESENTS: that GB PENINSULA, LTD., a Florida limited partnership, at the address of: 3470 Club Center Blvd. Naples. FL 34114-0816 (hereinafter collectively referred to as "Owner") and Bond Safeguard Insurance Company 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL 60148 (hereinafter referred to as "Surety") arc held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million Nine Hundred Twenty Thousand One Hundred Thirty-Nine and 55/100 Dollars ($1,920,139.55) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Fiddler's Creek Phase Four, Unit Two, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," whenever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Page 1 of 3 16.A.12.b Packet Pg. 644 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 22nd day of ^7 , 2005. PRINCIPAL: GB PENINSULA, LTD., a Florida WIT! limited partnership ('J AILCLCX^ K JAJQ < Y_k iru Name C f cK 1 ; i A i Prim y By:. Aubrey J/Ferrao, as _Xttomey-in- Fact ana not individually STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before this 13C31 day of Ov - - - . 2005, by Aubrey J. Ferrao, Attorney in Fact of GB PENINSULA, LTIX. a Florida United partnership, on behalf of the limited partnership. He is personally known to me. y SL \ rw»n— Print Name: Notary Public Commission b f. SM6UA MARY PACHA .. MY COMMISSION # DD 292809 wyji EXPIHES(SBAM.)2008 Botid»tl Tt»u Notary Public Underwriters My Commissii U Page 2 of 3 16.A.12.b Packet Pg. 645 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) SURETY: -.JJtfLKi v Melissa Schmidt, Secretary Bond Safeguard Insurance Company Print name / / s V . ( ^ ; •PiiitTnamc JSHWfer By:. U-Stephep T. Kazmer, Attonrfay in Fact Florida License #A1378fJl STATE OF ILLINOIS COUNTY OF COOK On July 22 2005, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, known to me to be Attorney in Fact of Bond Safeguard Insurance Company, the corporation described herein and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires BPhmary 5,2006 Signature of Notary Heather A. Beck Printed Name of Notary (SEAL) OFFICIAL SEAL HEATHER A BECK NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXP IRES :02/OS/0S F:\USERS\WANDA\FIDDLERS\PERF BOND Ph 4 U2.wpd Page 3 of 3 16.A.12.b Packet Pg. 646 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) POWER OF ATTORNEY AO 21954 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: MichaelJ. Scheer, James I. Moore, Christine Woods, Irene Diaz, Bonnie Knise, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November. 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 2,000,000.00 Two Million Dollars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. S£ BOND SAFEGUARD INSURANCE COMPANY °Q % AN $ ILLINOIS INSURANCE COMPANY > < § BY TP /-> David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" LYDIA J. DEJONG Notary Public, State of Illinois My Commission Expires 1/12/07 7 c~~- Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY. An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. 20_O5 Signed and Sealed at Lombard, Illinois this 22nd Dav of July i, °Q \A*uw 1 % AN ZI ILLINOIS § I INSURANCE . V COMPANY z Donald D. Buchanan Secretary -< 16.A.12.b Packet Pg. 647 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering and Environmental Services 2800 North Horseshoe Drive • Naples, Florida 34104 4* July 10, 2008 Mr. Stephen Kazmer, Attorney-in-Fact Bond Safeguard Insurance Company 1919 S. Highland Ave., Building A, Ste. 300 Lombard, IL. 60148 RE: Your Performance Bond No. 5017175 /GB Penninsula. Ltd. Fiddler's Creek Phase Four, Unit Two Dear Mr. Kazmer: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $211,105.02, leaving an available balance of $1,709,034.53. An original Bond Rider should be directed to this office, reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, JofinK. Houldsworth Senior Engineer Cc: Stan Chrzanowski, P.E., County Engineer Reading File Q, Grady Minor & Associates I W I T i C3 www.colliergov.net Fax (239) 530-6201 Phone (239) 252-5866 16.A.12.b Packet Pg. 648 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) rv / • 6 ' .v > <L.'' V Bond Safeguard Insurance Co Rider to be attached to and form a part of Bond Number 5017175 on behalf of GB Peninsula, LTD. (Principal), and in favor of Collier County, Florida (Obligee), executed by the Company indicated above (Surety) in the amount of One Million Nine Hundred Twenty Thousand One Hundred Thirty Nine Thousand and 55/100 Dollars ($1,920.139.55), effective July 22, 2005 The Principal and the Surety hereby consent to Decreasing the said Bond Amount as follows: From: One Million Nine Hundred Twenty Thousand One Hundred Thirty Nine Thousand and 55/100 Dollars ($1.920.139.55) To: One Million Seven Hundred Nine Thousand Thirty Four and 53/100 Dollars ($1.709.034.53) Effective July 10, 2008. Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, Sealed and Dated this 27th day of August, 2008. Bond Safeguard Insurance Company GB Peninsula, LTD Surety Principal 0-n,d^) By: ^ T ifer L KfcComb, Attorneyuh- ( By: X 16.A.12.b Packet Pg. 649 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) State of Illinois} } ss. County of Dupage } On August 27, 2008, before me, Tariese M. Pisciotto, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Jennifer J. McComb known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Commission Expiries! June 26, 2010 \M\ ZJ OFFICIAL SEAL TARIESE M PISCIOTTO NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:06/26/10 ariese M. Pisciotto, Notary Public Commission No. 560807 16.A.12.b Packet Pg. 650 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) AO 27771 POWER OF ATTORNEY Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E, Speckman, Heather A. Beck, Tariese M. Pisciotto ************** its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 2,000,000.00 Two million dollars »*»********«••»«••»**»*******»*»***»»**»*******»*»«**»******»***» **************************************************************************************************************************************************** which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its day of November, 2001. th President, and its Corporate seal to be affixed this 7 ^0 IN su, BOND SAFEGUARD INSURANCE COMPANY K 3 a AN ILLINOIS INSURANCE COMPANY I O X £ X . BY. David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. I .O-—L-AA—-"OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/09 laureen K. Aye ^tary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. , 20 08 Signed and Sealed at Lombard, Illinois this 27th Day of August X / AN S> <T ILLINOIS I 5 § I INSURANCE I J COMPANY / £ Donald D. Buchanan Secretary 16.A.12.b Packet Pg. 651 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) & October 6, 2008 Mr. Stephen Kazmer, Attorney-in-Fact Bond Safeguard Insurance Company 1919 S. Highland Ave., Building A, Ste. 300 Lombard, IL. 60148 RE: Your Performance Bond No. 5017175 / GB Penninsula, Ltd. Fiddler's Creek Phase Four, Unit Two Dear Mr. Kazmer: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $658,310.51, leaving an available balance of $1,050,724.02. An original Bond Rider should be directed to this office, reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, & ouldsworth Senior Engineer Cc: Stan Chrzanowski, P.E., County Engineer Reading File Q, Grady Minor & Associates 16.A.12.b Packet Pg. 652 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Safeguard Insurance Co Rider to be attached to and form a part of Bond Number 5017175 on behalf of GB Peninsula, LTD. (Principal), and in favor of Collier County. Florida (Obligee), executed by the Company indicated above (Surety) in the amount of One Million Seven Hundred Nine Thousand Thirty Four and 53/100 Dollars ($1,709,034.53), effective July 22, 2005. The Principal and the Surety hereby consent to Decreasing the said Bond Amount as follows: From: One Million Seven Hundred Nine Thousand Thirty Four and 53/100 Dollars ($1.709.034.53) To: One Million Fifty Thousand Seven Hundred Twenty Four and 02/100 Dollars ($1.050.724.02) Effective October 6, 2008. Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, Sealed and Dated this 20th day of October, 2008. GB Peninsula, LTD., A Florida Limited Bond Safeguard Insurance Company Partnership Principal * /\ Ey: GB Peninsula, Inc^. Florida corporation, It«^sole aeneral partner Surety / // V t // B: By: Jennifer J. McComb, Attorney-in-Facf -Aubrey Jt Ferrao/ as President and not individually A 16.A.12.b Packet Pg. 653 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) State of Illinois} } ss. County of Dupage } On October 20, 2008, before me, Tariese M. Pisciotto, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Jennifer J. McComb known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instmment in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. yiCommission Expires June 26, 2010 OFFICIAL SEA!.. I TARIESE M PISCIOTTO f NOTARY PUBLIC - STATE OF ILLINOIS f MY COMMISSION EXP|RES:06/25/10 % ariese M. Pisciotto, Notary Public Commission No. 560807 16.A.12.b Packet Pg. 654 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) AO 2 7 8 0 5 POWER OF ATTORNEY Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation withjts James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, principal office in Lombard, Illinois, does hereby constitute and appoint: ************** Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman, Heather A. Beck, Tariese M. Pisciotto its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of •> new ftf\n nn T«IF« million dftllarc indemnity or other writings obligatory in nature of a bond, $ 2,000,000.00 Two million dollars **************************************************************************************************************************************************** which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its day of November, 2001. th President, and its Corporate seal to be affixed this 7 BOND SAFEGUARD INSURANCE COMPANY 4* S> AN 3 ILLINOIS INSURANCE COMPANY I 0 iV £ X , BY. David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. 1 "OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/09 aureen K. Aye >4otary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. 20th Day of October , 20 08 Signed and Sealed at Lombard, Illinois this. D, ?> AN 3 ILLINOIS INSURANCE COMPANY I O £ T Donald D. Buchanan Secretary % 16.A.12.b Packet Pg. 655 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) " '' 'f; '" 11 -'-v; WOODWARD, PIRES & LOMBARDO, P.A. Attorneys-At-Law November 6, 2008 CRAIG R. WOODWARD MARK J. WOODWARD ANTHONY P. PIRES, JR. J. CHRISTOPHER LOMBARDO STEVEN V. BLOUNT CARRIE E. LADEMAN John Houldsworth, Senior Engineer Collier County Development Service 1800 N. Horseshoe Dr. Naples, FL 34104 RE: Fiddler's Creek Phase 4, Unit 2 CARLO F. ZAMPOGNA JENNIFER L. DEVRIES JENNIFER M.TENNEY Dear Mr. Houldsworth: Enclosed please find an original rider to Performance Bond No. 5017175 obtained by GB Peninsula Ltd. for subdivision improvements within Fiddler's Creek Phase 4, Unit 2. (Board Certified Real Estate Attorney) (Board Certified City, County and Local Government As I understand you have approved the reduction of this Performance Bond, I am enclosing the original rider decreasing the amount of this Performance Bond from $1,709,034.53 to $1,050,724.02. Attorney) Should you have any questions or need any further information, please feel free to contact me. Sincerely; •0MA—- Carrie E. Lademan CEL/lac Enclosure Mark Strain Richelle McClain Michael Herrera cc: 3200 Tamiami Trail N. Suite 200 F:/USERS/WANDA/FIDDLERS/Letters/Houldsworth Ltr 11.4.08 Naples, FL 341°3 TEL (239)649-6555 FAX (239)649"7342 pl-legal.com www.w 16.A.12.b Packet Pg. 656 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation Fiddler's Creek Phase 4 Unit 2 = $1,745,581.41 $869,415.53 $876,165.88 Cost of Construction from approved engineer's cost estimate (AR-7090) Total Work Completed in Phase One of Phase 4 Unit 2 Total Work to be Completed C JA, h t \ Replacement Bond Amount $174,558.14 = $4^14,24^82 = $1,488,806.96 .KF&pf $1,745,581.41 $876,165.88 Tt>TAL NEW BOND AMOUNT I " lr L~> ^ Ltrer i, o^o. 02 Cost of Construction: TOTAL COST DESCRIPTION ITEM $269,388.85 Menaggio Court 1 3(0.-b $145,114.53 Chiasso Cove Court 2 $454,912.15 Campanile Circle (within Phase 1) 3 $869,415.53 Total Work Completed in Phase 1 of Phase 4 Unit 2 Menaeeio Court 1 Bid Schedule Summary TOTAL PRICE DESCRIPTION ITEM $1,368.00 Earthwork A $101,458.05 Paving B $44,443.40 Wastewater Collection C $53,878.00 Potable Water Distribution D <r $14,371.00 Irrigation E $33,470.40 Storm Drainage F $20,400.00 Lighting & Landscaping G TOTAL $269,388.85 2 Earthwork and Site Preparation TOTAL PRICE UNIT PRICE QTY DESCRIPTION UNIT ITEM $1,368.00 $1.00 1,368 Silt Fence LF A-4 $1,368.00 TOTAL 3 Paving TOTAL PRICE UNIT PRICE QTY DESCRIPTION UNIT ITEM $1,702.50 $7.50 Type "E" Modified Curb LF 227 B-l $12,967.50 $4.75 2,730 2' Valley Gutter LF B-2 $16,963.50 $4.30 1 1/2" Asphaltic Concrete (Type S-III) SY 3,945 B-3 $37,722.50 $7.90 8" Limerock Base (compacted and primed) SY 4,775 B-4 $7,297.50 $1.50 12" Stablized Subgrade SY 4,865 B-5 $11,436.00 $1.00 Road Prep & Final Grading 11,436 SY B-6 $10,084.95 $15.35 4" Concrete Sidewalk (6' Wide) SY 657 B-7 $2,000.00 $2,000.00 Signing & Pavement Markings LS 1 B-8 $241.60 $0.32 Bahia Sod SY 755 B-9 $1,000.00 $1,000.00 Maintenance of Traffic LS 1 B-10 $42.00 $6.00 Blue Reflector EA 7 B-l 1 $101,458.05 TOTAL 16.A.12.b Packet Pg. 657 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation 4 Wastewater Collection UNIT PRICE TOTAL PRICE DESCRIPTION UNIT QTY ITEM $6,156.00 $2,052.00 C-4 Manhole 0'-6' cut EA 3 $2,432.00 $4,864.00 C-5 Manhole 6'-8' cut EA 2 $17.20 $12,968.80 8" PVC (SDR 26) 0'-6' cut 754 C-9 LF $12,054.60 $22.20 8" PVC (SDR 26) 6'-8' cut LF 543 C-10 $400.00 $8,400.00 Single Service 21 C-14 EA $44,443.40 TOTAL 5 Potable Water Distribution TOTAL PRICE QTY UNIT PRICE DESCRIPTION UNIT ITEM $1,200.00 $1,200.00 10" Gate Valve & Valve Box EA 1 D-l $18.00 $26,946.00 1497 10" CL 150 PVC (PR 18) LF D-2 $6,000.00 $400.00 1" PVC Single Service w/ meter EA 15 D-7 $1,500.00 $500.00 1" PVC Double Service w/ meter EA 3 D-8 $3,322.00 $5.50 4" Conduit for Water Service Crossing 604 LF D-9 $2,130.00 $14,910.00 Fire Hydrant Assembly Complete EA 7 D-l 2 $53,878.00 TOTAL 6 Irrigation Distribution TOTAL PRICE QTY UNIT PRICE DESCRIPTION UNIT ITEM $12,621.00 $10.50 LF 1,202 E-2 6" PVC DR-18 $1,750.00 $1,750.00 Temporary Blow-off w/ gate valce EA 1 E-8 $14,371.00 TOTAL 7 Storm Drainage UNIT PRICE TOTAL PRICE QTY DESCRIPTION UNIT ITEM $22.60 $2,892.80 LF 128 15" RCP F-l $26.40 $16,737.60 LF 634 18" RCP F-2 $10,590.00 $1,765.00 Valley Gutter Inlet - complete 6 EA F-5 $2,850.00 $950.00 3 18" Flared End EA F-8 ALTERNATE $400.00 $400.00 Maintenance of Traffic LS 1 F-12 TOTAL $33,470.40 8 Landscape and Lighting UNIT PRICE TOTAL PRICE DESCRIPTION UNIT QTY ITEM $9,800.00 $9,800.00 Lighting LS 1 G-l $10,600.00 $10,600.00 Landscaping LS 1 G-2 TOTAL $20,400.00 16.A.12.b Packet Pg. 658 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation Chiussu Cove Court 1 Bid Schedule Summary DESCRIPTION TOTAL PRICE ITEM Earthwork $1,964.00 A $52,580.23 B Paving $21,750.00 Wastewater Collection C $22,735.50 D Potable Water Distribution Irrigation $7,924.00 E $21,460.80 Storm Drainage F $16,700.00 G Lighting & Landscaping TOTAL $145,114.53 2 Earthwork and Site Preparation TOTAL PRICE DESCRIPTION UNIT QTY UNIT PRICE ITEM $1,964.00 $1.00 A-4 Silt Fence LF 1,964 TOTAL $1,964.00 3 Paving TOTAL PRICE UNIT QTY UNIT PRICE ITEM DESCRIPTION $1,695.00 $7.50 Type "E" Modified Curb LF 226 B-l $6,711.75 $4.75 2' Valley Gutter LF 1,413 B-2 $4.30 $9,425.60 1 1/2" Asphaltic Concrete (Type S-III) SY 2,192 B-3 $21,093.00 $7.90 8" Limerock Base (compacted and primed) SY 2,670 B-4 $1.50 $4,119.00 12" Stablized Subgrade B-5 SY 2,746 $1.00 $6,323.00 Road Prep & Final Grading B-6 SY 6,323 $2,000.00 $2,000.00 Signing & Pavement Markings LS B-8 1 $194.88 $0.32 B-9 Bahia Sod SY 609 $1,000.00 $1,000.00 B-10 Maintenance of Traffic LS 1 $6.00 $18.00 Blue Reflector B-l 1 EA 3 $52,580.23 TOTAL 4 Wastewater Collection DESCRIPTION QTY UNIT PRICE TOTAL PRICE ITEM UNIT $6,156.00 Manhole 0'-6' cut $2,052.00 C-4 EA 3 $17.20 $11,094.00 8" PVC (SDR 26) 0'-6' cut C-9 LF 645 $400.00 $2,400.00 Single Service 6 C-14 EA $420.00 $2,100.00 Double Service C-15 EA 5 TOTAL $21,750.00 5 Potable Water Distribution TOTAL PRICE DESCRIPTION UNIT QTY UNIT PRICE ITEM $800.00 $800.00 8" Gate Valve & Valve Box EA 1 D-4 $10,224.00 $12.00 8" CL 150 PVC (PR 18) LF 852 D-5 $1,200.00 $400.00 1" PVC Single Service w/ meter EA 3 D-7 $3,500.00 $500.00 D-8 1" PVC Double Service w/' meter EA 7 $5.50 $621.50 4" Conduit for Water Service Crossing LF 113 D-9 16.A.12.b Packet Pg. 659 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation Fire Hydrant Assembly Complete $2,130.00 $6,390.00 D-12 EA 3 TOTAL $22,735.50 6 Irrigation Distribution ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE $10.50 $6,174.00 E-2 6" PVC DR-18 LF 588 Temporary Blow-off w/ gate valce $1,750.00 $1,750.00 E-8 EA 1 TOTAL $7,924.00 7 Storm Drainage ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE $1,356.00 15" RCP $22.60 F-l LF 60 $26.40 $10,744.80 F-2 18" RCP LF 407 $7,060.00 Valley Gutter Inlet - complete $1,765.00 F-5 EA 4 18" Flared End $950.00 $1,900.00 F-8 EA 2 ALTERNATE $400.00 $400.00 F-12 Maintenance of Traffic LS 1 $21,460.80 TOTAL 8 Landscape and Lighting ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Lighting $7,800.00 $7,800.00 G-l LS 1 $8,900.00 $8,900.00 G-2 Landscaping LS 1 TOTAL $16,700.00 Campanile Circle (Within Phase One of Phase 4 Unit 2) 1 Bid Schedule Summary ITEM DESCRIPTION TOTAL PRICE Earthwork $1,038.00 A $103,016.05 B Paving Wastewater Collection $203,639.50 C Potable Water Distribution $46,554.00 D E Irrigation $42,398.40 $42,166.20 F Storm Drainage G Lighting & Landscaping $16,100.00 TOTAL $454,912.15 2 Earthwork and Site Preparation ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Silt Fence A-4 $1.00 $1,038.00 LF 1,038 TOTAL $1,038.00 3 Paving ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE B-l 2' Valley Gutter $4.75 LF 2,961 $14,064.75 B-2 1 1/2" Asphaltic Concrete (Type S-III) SY $4.30 $17,832.10 4,147 B-3 8" Limerock Base (compacted and primed) $7.90 $38,046.40 SY 4,816 B-4 12" Stablized Subgrade SY $1.50 $7,738.50 5,159 B-5 Road Prep & Final Grading SY $1.00 $6,285.00 6,285 B-6 4" Concrete Sidewalk (6' Wide) SY $15.35 $16,301.70 1,062 16.A.12.b Packet Pg. 660 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation Signing & Pavement Markings $1,500.00 $1,500.00 B-7 LS 1 Bahia Sod $0.32 $217.60 B-8 SY 680 Maintenance of Traffic $1,000.00 $1,000.00 B-9 LS 1 $30.00 B-10 Blue Reflector $6.00 EA 5 TOTAL $103,016.05 4 Wastewater Collection ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE C-l 4" PVC (PR 18) Force $10.00 $300.00 LF 30 $12.50 $18,087.50 C-2 6" PVC (PR 18) Force LF 1,447 $110,000.00 $110,000.00 C-3 Pump Station EA 1 Manhole 10' -12' cut $3,768.00 $7,536.00 C-4 EA 2 $4,382.00 $8,764.00 C-5 Manhole 12' -14' cut EA 2 $41.00 $17,835.00 C-6 8" PVC (SDR 26) 10'-12' cut LF 435 8" PVC (SDR 26) 12'-14' cut $49.00 $36,897.00 C-l LF 753 Single Service $400.00 $1,600.00 C-8 EA 4 $420.00 $840.00 C-9 Double Service 2 EA $1,100.00 Tie to Existing $1,100.00 C-10 EA 1 $680.00 $680.00 4" Plug Valve C-l 1 EA 1 $203,639.50 TOTAL 5 Potable Water Distribution DESCRIPTION QTY UNIT PRICE TOTAL PRICE ITEM UNIT $1,200.00 $4,800.00 D-l 10" Gate Valve & Valve Box EA 4 $23,544.00 10" CL 150 PVC (PR 18) $18.00 D-2 LF 1308 $21.00 $2,583.00 D-3 10" CL 150 PVC (DR 14) LF 123 1" PVC Single Service w/ meter $400.00 $2,400.00 D-4 EA 6 $187.00 4" Conduit for Water Service Crossing $5.50 D-5 LF 34 $890.00 $890.00 D-6 Permanent Bacterial Sample Point EA 1 Air Release Valve $1,500.00 $1,500.00 D-7 EA 1 $2,130.00 $10,650.00 D-8 Fire Flydrant Assembly Complete EA 5 TOTAL $46,554.00 6 Irrigation Distribution DESCRIPTION TOTAL PRICE ITEM UNIT QTY UNIT PRICE $12.00 $17,424.00 E-l 8" PVC DR-18 LF 1,452 $17.20 $20,674.40 E-2 6" PVC DR-18 LF 1,202 $500.00 $500.00 E-3 Connect to Existing Irrigation Main EA 1 Air Release Valve $1,500.00 $1,500.00 E-4 EA 1 8" Gate Valve $800.00 $800.00 E-5 EA 1 E-6 6" Gate Valve $750.00 $1,500.00 EA 2 TOTAL $42,398.40 7 Storm Drainage TOTAL PRICE ITEM DESCRIPTION UNIT QTY UNIT PRICE $22.60 $2,124.40 15" RCP LF 94 F-l $17,899.20 $26.40 F-2 18" RCP LF 678 $33.90 $7,932.60 F-3 24" RCP LF 234 $1,765.00 $7,060.00 Valley Gutter Inlet - complete F-4 EA 4 $950.00 $950.00 18" Flared End EA F-5 1 16.A.12.b Packet Pg. 661 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) Bond Calculation 24" Flared End $1,000.00 $1,000.00 F-6 EA 1 $2,100.00 $4,200.00 F-7 Junction Box (3' x 3') EA 2 ALTERNATE F-12 Maintenance of Traffic $400.00 $400.00 LS 1 Blasting or Mechanical Excavation $600.00 $600.00 F-9 LS 1 TOTAL $42,166.20 8 Landscape and Lighting ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Lighting $7,500.00 $7,500.00 G-l LS 1 G-2 Landscaping $8,600.00 $8,600.00 LS 1 TOTAL $16,100.00 16.A.12.b Packet Pg. 662 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) )T^er County Co COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Zoning and Land Development Review June 16,2010 Mr. Stephen Kazmer, Attorney-in-Fact Bond Safeguard Insurance Company 1919 S. Highland Ave., Building A, Ste. 300 Lombard, IL. 60148 RE: Your Performance Bond No. 5017175 / GB Peninsula, Ltd. Fiddler's Creek Phase Four, Unit Two Dear Mr. Kazmer: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $1,500,033.01, leaving an available balance of $209,001.52. An original Bond Rider should be directed to this office, reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, V, John R. oul Senior Engineer Cc: Stan Chrzanowski, P.E., County Engineer Reading File Q, Grady Minor & Associates Growth Management Department • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 16.A.12.b Packet Pg. 663 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) ENGINEERING REVIEW DEPARTMENT MEMORANDUM TO: Trish Morgan Clerk to the Board FROM: John R. Houldsworth Senior Engineer Fiddler's Creek Phase 4 Unit Two Performance Bond No. 5017175/ DY Land Associates RE: DATE: September Attached please find an original amendment for the referenced Performance Bond. Please keep this amendment with the original Performance Bond until such time as the Board authorizes it's release. If you have any questions, please let me know. JRH 16.A.12.b Packet Pg. 664 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) SURETY RIDER SURETY: Bond Safeguard Insurance Company PRINCIPAL: GB Peninsula, LTD OBLIGEE: Collier County, Florida DESCRIPTION: Fiddler's Creek Phase Four, Unit Two BOND NO.: 5017175 BOND AMOUNT: $1,050,724.02 CURRENT REDUCTION TO: $209,001.52 EFFECTIVE: June 16, 2010 This is to certify that this company has not terminated its suretyship under the above described bond and that such bond according to its records is still in full force and effect. Signed and Sealed this 23rd day of September , 2010. ond Safoguari a; By: *2 "ni'ftkf. McCo , Attorney-IrKFuet-^ STATE OF ILLINOIS COUNTY OF DUPAGE The foregoing instrument was acknowledged before me this 23rd day of September, 201QC By: OFFICIAL SEAL HEATHER A BECK NOTARY PUELIC - STATE Or ILLINOIS MY COMMISSION EXPIRES:02/05/12 Heather A. Beck, Notary Public SEAL My Commission Expires: February 5, 2012 16.A.12.b Packet Pg. 665 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 6941 8 POWER OF ATTORNEY AO Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: -lames I. Moore, Bonnie Kruse, Stephen T. Kazmer.Dawn L. Morgan, Peggy Faust, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt,Joel E. Speckman, Heather A. Beck, Tariese M. its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY 4*. % AN <T ILLINOIS ) 5 § I INSURANCE I J <^\ COMPANY J $ BY. David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. f "OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/13 iaureen K. Aye Notary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 23rd r / AN Day of September 20 10 % J . ILLINOIS ] £ z I INSURANCE IJ <^\ COMPANY J $ Donald D. Buchanan Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." BS1 16.A.12.b Packet Pg. 666 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects September 28, 2010 Mr. John Houldsworth Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Performance Bond - Surety Rider Fiddler's Creek Phase 4 Unit 2 Fiddler's Creek Phase 4 Unit 3 Dear Mr. Houldsworth: Enclosed is the Surety Rider's for Phase 4 Unit 2 and Phase 4 Unit 3. If you have any questions or need additional information, please contact our office. Sincerely, Q Kimberly A. Scl Project Coordinator 0- GradyMinor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 www.gradvminor.com GAPROJ-ENG'Jobe-fFIDDLER'S CREEK\FC Bond Reduction-Release\Request for ReleaseReduction of BondsVL -Surety Rider Ph. 239-947-1144 • Fx: 239-947-0375 EB 0005151 • LB 0005151 • LC 26000266 16.A.12.b Packet Pg. 667 Attachment: Bond Basis (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.c Packet Pg. 668 Attachment: Resolution (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.c Packet Pg. 669 Attachment: Resolution (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 670 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 671 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 672 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 673 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 674 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 675 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 676 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two) 16.A.12.d Packet Pg. 677 Attachment: Plat Map (5873 : Final Acceptance - Fiddler's Creek Phase 4 Unit Two)