Backup Documents 01/08/2019 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , t
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office 7)cr
Board of County
Commissioners , `` `V
5. Minutes and Records Clerk of Court's Office
*al J.? IPeqpikh
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 1/8/19//V'
/8/19/ Agenda Item Number 16A 11
Approved by the BCC
Type of Document Plat Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes .[ N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? -171
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/8/19 and all changes made during
the meeting have been incorporated in the attached document. The County i g�
Attorney's Office has reviewed the changes, if applicable. � �
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents arc to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. lithe document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1,
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners Ar4A/
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 1/8/19 Agenda Item Number 16A1 I
Approved by by the BCC
Type of Document Bond,Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? --3 n
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JR
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/8/19 and all changes made during theme .
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's si:nature. to
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A 11
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 141" day of OrMA..ClAq 20 l°I between Pulte Home Company,
LLC hereinafter referred to as "Developer," and ite 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: Ellington Park
B. Chapter 4 and 10 of the Collier County Land Development Code required 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:all required improvements
and other infrastructure improvements within thirtysix(36) months from the date of approval 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$ 130,865.32 -which amount represents 10%of the
total contract cost to complete the construction plus 100% of the estimated cost of 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 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; or b) notify the Developer in writing of his refusal to approve 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 thisAgreement.
6. The Developer shall maintain all required improvements fora 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.
16 /Ui
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 and 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 day of , 20
SIGNED IN THE PRESENCE OF: (Name of Entity) Pul e Ho Company, LLC
Witness• f
� BY� d� �
Printed N• -1" G nn '/
>i *. k • Unn Michael Hueniken,Vice President- Land Development
Printed Name/Title
(President,VP, or CEO)
Witness: (Provide Proper Evidence of Authority)
Printed ame:
r•J t Lo c_kus ]Ga ri
ATTEST:
Crystal K. Kinzel,.M►Clerk of the Circuit Court BOARD O • '' Y COMM ION
& - - troller OF0 - • , FLORID
,N a
By: - r _ By: a _ .4A
Deputy ClerkAttest as ' � a
.L . G Q n ,ces L.tna.'
PM An
signature ly a--
Approved as to fol and Igality:
Scott A. Stone---r1---1\r,
Assistant County Attorney
1 6 A 11
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO. 30060870
Pulte Home Company,LLC
24311 Walden Center Dr.#300
Bonita Springs,FL 34134
239-495-4085
(hereinafter referred to as"Owner")and
The Continental Insurance Company, a Pennsylvania company
801 Warrenville Rd., Suite 700
Lisle IL 69532, 630-719-6342
(hereinafter referred to as"Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of one hundred and thirty thousand, eight hundred
sixty-five dollars, and thirty-two cents ($ 130,865.32 ) 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 Ellington Park 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," 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.
1 6 A 11
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 19th day of December 20 18
WITNESSES: Pulte Home C•mpany, LLC (Principal)
By cri / ; By:
J. Nicholas Sarris‘ G Qry Rives, Assistant Treasurer
Printed Name N/A
, Ross Ripple
Printed Name
ACKNOWLEDGEMENT
STATE OF_GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY
OF December , 20 18 , Gregory S. Rives, Assistant Treasurer
of:PULTE HOME COMPANY, LLC WHO IS PERSONALLY KNOWN TO ME,
OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of GEORGIA A ,,+E
.r .sr:.. .€r
(SEAL)
401- A /II ficeir...td
P nted Name S rley E. Hutchins
SURETY
WITNESSES: 1- The Continental Insurance Company, a Pennsylvania
company
By. • By:
J. Nicholas Sarris Jean Marusak, Attorney—in—Fact
Printed Name Printed Name/Title
By f-. N/A
Ross Ripple
Printed Name
1 6 A 11
NOTARY ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th
DAY OF December 20 18 , BY Jean Marusak (NAME OF
ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) OF The Continental
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED nbutctuLe Ci,nil'
Ai
IDENTIFICATION.
Notary Public -State of GEORGIA
(SEAL)
hirley E. Hutchins
Printed Name
(Ord. No, 15-44,§3.N)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT 16All
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing
insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein
affixed hereby make,constitute and appoint
D.Bryce Langen, James Zeumer, James Ossowski, Brien O'Meara, Kelly Yoakam, Kim Hill, Ross
Irwin,Jean Marusak, Ellen Padesky Maturen,Gregory S. Rives, KellyMarie Conlon, Individually
of Bloomfield Hills,MI„its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
behalf bonds,undertakings and other obligatory instruments of similar nature
- In an amount not to exceed Two Million and no/100 Dollars ( $2,000,000.00)
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the insurance company.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 28th day of December,2016.
���; "�R• The Continental Insurance Company
WS
9 •
•
•••'•�•r•�•• Paul .Bru at Vice President
State of South Dakota,County of Minnehaha,ss:
On this 28th day of December,2016,before me personally came Paul T. Bruflat to me known,who,being by me duly sworn,did depose and say:
that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania
insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the
said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company.
J.MOHR
cRt SrmTARrauaLIc L7Y7 ,4 / )
My Commission Expires June 23,2021 J. Mohr Notary Public
CERTIFICATE
I, D. Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of
Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company
printed on the revsse hereof is still in fo e. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this M-t'& day of ,ap 18 •
sr' The Continental Insurance Company
.4*
t'►
ig .i:.1 I n:
Z%•• •14••••.Q.*"--
• '•' D.Bult Assistant Secretary
Form F6850-4/2012
16A1 1.
ELLINGTON PARK PPL
OPINION OF PROBABLE COST
Prepared For Pulte Home Company,LLC
Revision 01
Waldrop Project Number 133-12
Unit Count(total) 20
SUMMARY
Item# Description Quantity Unit Unit Price Amount
1 Silt Fence 2,582 LF $1.75 $4,518.45
2 Signing and Marking 1 LS $1,750.00 $1,750.00
3 5'Concrete Sidewalk 1,423 SY $29.75 $42,326.22
4 Type"D"Curb 26 LF $12.00 $312.00
5 Handicap Ramps(Complete w/detectable warnings) 8 EA $400.00 $3,200.00
6 Inlet Protection 7 EA $200.00 $1,400.00
7 3/4"Asphaltic Concrete(Type S-III)First Lift 5.46 SY $6.00 $32.76
8 3/4"Asphaltic Concrete(Type S-Ill)Second lift 3,057 SY $6.00 $18,342.00
9 6"Limerock Base(Compacted and Primed) 5.46 SY $8.25 $45.05
10 12"Stabilized Subrade 12 SY $3.50 $42.00
11 Street Lighting 1 LS $32,000.00 $32,000.00
12 Code Minimum Landscaping 1 LS $15,000.00 $15,000.00
SubTotal= $118,968.47
10%Contingency= $11,896.85
Total= $130,865.32
Notes:
1)This Opinion of Probable Cost(OPC)shall be used for permitting purposes only.
2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of
this document.Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase
portions of this OPC.
3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.These costs are sugject to change
due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor,
P
Jeremy H.Arnold,t.F,/ /'
VV h
Date 'r Or '
-L9 N
Florida License#66421 ,'2, c.4:-,,.'7‘r, % 0,
COA #8636 ,/1 '- _1 ',' �'