Backup Documents 09/13-14/2011 Item #16A21[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.: I J.. V 1,S,. o 4XO t
g
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
Date: October 272011
REQUEST FOR LEGAL SERVICES
AR- PL2011 -670
16A21
0
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CD
To: Office of the County Attorney, Attention: Steve Williams
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Quarry Phase 3
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Construction & 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, execute Agreement if found to be sufficient, and Forward to
BCC office with final plat.
OTHER COMMENTS:
,�....•
16 a 21
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
1!0 day of pLT'65 F, ?— / 2011 between Centex Homes
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 certain plat of a subdivision to be known as: QUARRY PHASE 3
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 eighteen (18) months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $ 3.644.618.90 - which amount represents 10% of the
total contract cost to complete the construction plus 100% of the estimated cost 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 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 such 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.
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,
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 improvements and, if
found to be still in compliance with the 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.
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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 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 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.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly
authorized representatives this Z1 5_� day of Oc:TO(,E(— / / , 20 11
SIGNED IN THE PRESENCE OF:
(Name of entity) C1gNrr£x
_ vim /< .✓C`v
By: G
Printed Name de 7elck &177 �.-_
Printed Name /Title V1« 'Piss&. ar06- L-.,,I
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Nam L
ATTEST:
DWIGHT E. BRQtICpIC�� �
r_,' •
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
BY: low
Deputy Cler.`����
9 1116
Approved as to foiV6_4rxfJ6 al sufficiency:
By: W
Chairman
16A21
� &.,,- 7, (,JL
Assistant County Attorney
16A21
PERFORMANCE BOND
BOND NO. 268000438
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation
(Name of Owner)
9240 Estero Park Commons Blvd.
(Address of Owner)
Estero FL 33928
(Address of Owner)
(Hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
(Name of Surety)
2815 Forbs Avenue, Suite 102
(Address of Surety)
Hoffman Estates IL 60192
(Address of Surety)
847 - 396 -7132
(Telephone Number)
(hereinafter referred to as "Surety ") are held and firmly bd unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum oft million six hundred*
Dollars
($ 3,644,948.90 } 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. *forty four thousand nine hundred forty eight and 90/100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named QUARRY PHASE 3 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
16A21
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment ", wherever used in this Bond, and whether referring to this Bond,
or other documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 21st day of October / 2011 /
WITNESSES:
(Owner Name and Title if Corporation) Pulte Home Corporation
By:
Printed Name
Printed Name/Title Bruce E. Robinson, VP & Treasurer
(Provide Proper Evidence of Authority)
Printed Name
Robert Po Asst. Secy.
Surety: Liberty Mutual Insurance Company,
ACKNOWLEDGEMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
t�
Attorney -In -Fact
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFQRE ME THIS DAY OF
21st / Octobefr 20 11 by Bruce E. Robinson (NAME
OF ACKNOWLEDGER) AS VP & Treasurer (TITLE) OFPulte Home Corporation (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED known party
AS IDENTIFICATION.
Notary Public —State of MICHIGAN
(SEAL) SHIFiLEY E HUTCHINS
-TARP PU8LIC STATE OF MI
V**'Y".115:"P��k COUNTY OF WAYNE
MY COMMISSION EXPIRES Mar 30, 2017
Print ame Sh ley E. Hutchins ACTING IN COUNTY OF� %
flk,.
I P
Mutual.
16A21
Liberty Mutual Surety
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
ACKNOWLEDGMENT BY SURETY
STATE OF Illinois
SS.
County of Cook
On this 21 st day of October 2011 , before me personally
appeared Peter S. Forker , known to, me to be the Attorney -in -Fact of
Liberty Mutual Insurance Company
the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificate first above written.
Not Publi n the State o Illinois
Cou ty of ook
OFFICIAL SEAL
AMY E CALLAHAN
NOTARY PUBLIC - STATE OF ILUN01$
W COMMISSION EXPIRES'.07 /17/13
S- 0230 /LM 10/99
XDP
3067764
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
Thds Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint
PETER S. FORKER, AMY E. CALLAHAN, BECKY HEASTON, BRAD BABCOCK, ALL OF THE CITY OF WAUKESHA,
STATEOF WISCONSIN ........................................................................................................................ ...............................
................................................................................................................................................................ ...............................
, each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on Its
behalf as surety and as Its act and deed and ** recognizances and other surety ob-li$attio * ;r:e�e *al* ;m not exceeding
FIFTY MILLION AND 00/100 DOLLARS ($ `50.000.000• ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as If signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 19th day of August
2010
LIBERTY MUTUAL INSURANCE COMPANY
00" Garnet Elliott, Assistant Secretary
ry
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 19th day of August 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH �? unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. Q" �QNw
�(v CJp �ls � COMMONWEALTH Of PENNSYLVANIA
Notatitl seal
OF Teresa Pasatla, Nowwy P' bk
Prm+r+ TwP . �+�r �r By
�� �'' c«nm�.sw, �`s "'�' 28' p" Ter sa Pastella, Notary Public
CERTIFICATE 4RY
I, the undersigned, Assistan etary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TI O IY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
By r
Devi M. Carey, Asswdht Secretary
ji
day of
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QUARRY PHASE 3
Engineer's Opinion of Probable Construction Costs
J. R. Evans Engineering, P.A.
Summary
1011812011
Paving, Grading & Drainage = $ 2,028,202.41
Utilitites = $ 1,285,387.50
Total Improvements = $ 3,313,589.91
10% = $ 331,358.99
Combined Total with 10% (Bond Requirement) = $ 3,644,948.90
PNNf Fp ///
Eli beth A. utDi , P.E. °• * = Date
FL. Reg. #60077_ * t, * ; W
STATE OF [V `
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QUARRY PHASE 3
ENGINEER'S COST ESTIMATE 16 A2 1
Paving
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
3/4" aft Concrete S -111 2nd lift
SY
21,742
$5.78
$125,668.76
3/4 Asphalt Cancrete type S-111 1st lift
SY
21,742
$5.25
$114,145.50
36' Flared End Section
EA
9
TOTAL
$58,239.25
m =VA 1 com me
Landscape
SY
21,742
QTY
UNIT PRICE `
m ase com me
East Palatka Holly Tree
EA
232
$175.00
$40,600.00
1' Sod -back of curb
SY
2,107
$1.44
$3,034.08
Curb T F
LF
6,180
$14.70
$90,846.00
Valley Gutter
LF
9,910
$7.60
$75,316.00
Curb A
LF
2,970
$11.70
$34,749.00
4' thick-reinforced sidewalk
SY
3,900
$36.45
$142,155.00
Multiuse Path 1 1/2' aft, Type S -111
SY
7,547
$7.10
$53,583.70
S�nage List
LS
1
$5,500 1
$5,500.00
Striping
LS
1
$4,500
$4,500.00
8
$2,200.00
$17,600.00
TOTAL
$1,099,117.74
Earthwork
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
Excavation and Fill
CY
28,711
$1.751
$50,244.25
Silt Fence
LF
12,300
$0.651
$7,995.00
36' Flared End Section
EA
9
TOTAL
$58,239.25
42' Flared End Section
Landscape
DESCRIPTION ,
UNIT
QTY
UNIT PRICE `
TOTAL PRICE
East Palatka Holly Tree
EA
232
$175.00
$40,600.00
Canna Flacde
EA
882
$1.25
$1,102.50
Landscape Irrigation
SF
3712
$0.40
$1,484.80
Mulch
SF
3712
$0.26
$965.12
333
$95.00
$31,635.00
TOTAL
$ 44,152.42
Street Lighting
DESCRIPTION
UNIT .
QTY
UWT PRICE
TOTAL PRICE
Street Lights
EA
84
2,200
$ 184,800.00
24' Flared End Section
EA
4
TOTAL
$ 184,800.00
Drainage
DESCRIPTION -
UNIT
QTY
UNR PRICE
TOTAL PRICE
18" Flared End Section
EA
3
$1,400.00
$4,200.00
24' Flared End Section
EA
4
$1,650.00
$6,600.00
36' Flared End Section
EA
9
$1,800.00
$16,200.00
42' Flared End Section
EA
1
$2,000.00
$2,000.00
48" Flared End Section
EA
1
$2,200.00
$2,200.00
18" RCP
LF
972
$30.00
$29,160.00
24" RCP
LF
1,416
$40.00
$56,640.00
36" RCP
LF
1,395
$76.00
$106,020.00
42' RCP
LF
333
$95.00
$31,635.00
48' RCP
LF
1,034
$110.00
$113,740.00
8 "HDPE
LF
1,633
$28.00
$45,724.00
12" HDPE
LF
1,669
$30.00
$50,070.00
18' HDPE
LF
1,038
$33.00
$34,254.00
Junction Box
EA
8
$2,200.00
$17,600.00
Ditch bottom Inlet
EA
8
$2,200.00
$17,600.00
Valley Gutter Inlet
EA
20
$2,500.00
$50,000.00
Curb inlet coat Inlet
EA
10
$3,020.00
$30,200.00
Control Structure
EA
1
$4,800.00
$4,800.00
Yard drain
EA
31
$750.00
$23,250.00
TOTAL 1
$641,893.00
Paving
=
$1,099,117.74
Earthwork
=
$58,239.25
Landscape
=
$44,152.42
Street Lighting
=
$184,800.00
Drainage
=
$641,893.00
Total Paving, Earthwork, Landscape, Lighting 3 Drainage
Costs
=
$2,028,202.41
QUARRY PHASE 3 16A2 I
ENGINEER'S COST ESTIMATE
Potable Water System
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
10' Gate Valve & Valve Box
EA
5
$1,450.00
$7,250.00
8' Gate Valve & Valve Box
EA
1
$1,000.00
$1,000.00
6' Gate Valve & Valve Box
EA
2
$800.00
$1,600.00
10' CL 200 PVC (DR18)
LF
3,543
$16.00
$56,688.00
10' CL 200 PVC (DR14)
LF
147
$20.00
$2,940.00
8' CL 200 PVC (DR18)
LF
1,490
$14.00
$20,860.00
6' CL 200 PVC (DR 18)
LF
900
$12.50
$11,250.00
2' Sch. 40 PVC
LF
1,780
$8.65
$15,397.00
Fire Hydrant Assembly Complete
EA
14
$2,500.00
$35,000.00
2' PVC Single Service w/ Meter
EA
118
$1,450.00
$171,100.00
Tie into Existing
EA
1
$1,800.00
$1,800.00
Temporary Flushing Device
EA
1
$2,480.00
$2,480.00
Perm. Flushing Device
EA
2
$1,250.00
$2,500.00
Air Release Valve
EA
1
$1,000.00
$1,000.00
Temporary Sample Point
EA
5 1
$300.00
$1,500.00
Permanent Samoa Pant
EA
2
$1,000.00
$2,000.00
8' PVC (SDR 26 18' -20' cut
LF
291
TOTAL
$334,365.00
Wastewater System
DESCROMM
UNIT
QTY
UWT PRICE
TOTAL PRICE
6' PVC Force Main
LF
4,200
$11.00
$46,200.00
6' Plug Valve
EA
5
$850.00
$4,250.00
Manhole 0'-6' cut
EA
11
$3,500.00
$38,500.00
Manhole 6'-8' cut
EA
2
$4,200.00
$8,400.00
Manhole 8' -10' cut
EA
4
$4,600.00
1 $18,400.00
Manhole 10' -17 cut
EA
3
$6,000.00
$18,000.00
Manhole 17 -14' cut
EA
1
$6,500.00
$6,500.00
Manhole 14' -16' cut
EA
2
$7,200.00
$14,400.00
Manhole 16' -18' cut
EA
1
$8,850.00
$8,850.00
Manhole 20' -22 cut
EA
3
$9,750.00
$29,250.00
8' PVC (SDR 26 0'4 cut
LF
2,029
$20.00
$40,580.00
8" PVC (SDR 26 6' -8' cut
LF
1,177
$23.00
$27,071.00
8' PVC (SDR 26 8' -10' cut
LF
611
$30.00
$18,330.00
8' PVC (SDR 26 10' -17 cut
LF
788
$45.00
$35,460.00
8' PVC (SDR 26 17 -14' cut
LF
760
$85.00
$64,600.00
8' PVC (SDR 26 14' -16' cut
LF
354
$110.00
$38,940.00
8' PVC (SDR 26 18' -20' cut
LF
291
$125.00
$36,375.00
Pump Station
EA
1
$110,000.00
$110,000.00
6' Services w/ Cleanouts
LS
68
$3,640.00
$247,520.00
Tie to Existing
EA
1
$1,800.00
$1,800.00
Television Inspection
LF
6,010 1
$1.25 1
$7,512.50
Air Release Valve
EA
1
$1,000.00
$1,000.00
TOTAL
$821,938.50
Irrigation System
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
4' PVC Irr.
LF
3827
$ 12.00
$ 45,924.00
10" PVC Irr.
LF
4280
$ 16.00
$ 68,480.00
4' Gate Valve
EA
5
$ 700.00
$ 3,500.00
10' Gate Valve
EA
6
$ 1,450.00
$ 8,700.00
10' Blow Off
EA
1
$ 2,480.00
$ 2,480.00
TOTAL I
WV,U34
1
Potable Water Distribution
=
$334,365.00
2
Wastewater Collection
=
$821,938.50
3 Irrigation System
=
$129,084.00
Utility Construction Costs
=
$1,285,387.50