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Agenda 01/12/2021 Item #16A17 (PL20150002371)01/12/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Buckley Parcel, Application Number PL20150002371, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision and release the maintenance security. CONSIDERATIONS: 1) On January 20, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Buckley Parcel. 2) The roadway and drainage improvements will be maintained by the Project’s Homeowners Association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on November 18, 2020 and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Project’s Homeowners Association. The existing security in the amount of $229,516.18 will be released upon Board approval. The original security in the amount of $1,639,551.93 has been reduced to the current amount of $229,516.18 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated June 8, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Buckley Parcel, Application Number PL20150002371, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) 16.A.17 Packet Pg. 657 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 14291 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Buckley Parcel, Application Number PL20150002371, and authorize the release of the maintenance security. Meeting Date: 01/12/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 11/23/2020 11:41 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 11/23/2020 11:41 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 11/23/2020 1:17 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/24/2020 4:30 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/25/2020 11:38 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/07/2020 10:17 AM Growth Management Department Matthew McLean Additional Reviewer Completed 12/14/2020 5:20 PM Public Services Department James C French Deputy Department Head Review Completed 12/14/2020 10:41 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/16/2020 8:39 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 1:11 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/16/2020 1:37 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/17/2020 1:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 1:57 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/22/2020 4:24 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.A.17 Packet Pg. 658 BUCKLEY PARCEL LOCATION MAP 16.A.17.a Packet Pg. 659 Attachment: Location Map (14291 : Final Acceptance - Buckley Parcel) 16.A.17.b Packet Pg. 660 Attachment: Resolution (14291 : Final Acceptance - Buckley Parcel) 16.A.17.b Packet Pg. 661 Attachment: Resolution (14291 : Final Acceptance - Buckley Parcel) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTJNANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTSentered into this B m day of V'OP / ____ / ____ , 20 16 between PulteHomeCO!porntion 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: _s_uc_k1e_Y ______ _ 8.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to postappropriate 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: Roadwav. drainaQe. water & sewer improvementswithin 12 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" andby reference made a part hereof) in the amount of $1.639,ss1 .93 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to completethe 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 improvementswithin 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 substantialcompletion 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 ofsubstantial 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 this Agreement. 6.The Developer shall maintain all required improvements for a minimum period of one year afterpreliminary 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.A.17.c Packet Pg. 662 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) 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 subdivisionperformance 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 B rl" day of Junv '------''----' 20-.l!L_. SIGNED IN THE PRESENCE OF: (Name of Entity) e,raticn Printed Name/Title (President, VP, or CEO) Michael Hueniken. Director of Land Development (Provide Proper Evidence of Authority) C L ·---. -1-----....,......--,----,-........,.---s-r'-=cttT---------+-DONNA FIALA, CHAIRMAN colt ;t'Stone, Assistant County Attorney 16.A.17.c Packet Pg. 663 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) CERTIFIEI} RESOLUTIONS OF THI� BOARD OF DIRECTORS OF PULTE HOME CORPORATION I, Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of PULTE I TOME CORPORATION, a corporation authorized and existing under the laws of the State of Michigan; that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modi lied, and do not contravene any provisions of the Articles or Incorporation or Bylaws or said c01voration. RESOLVI·:D, that the Land Development Manager(s) or the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that arc relevant or incident to the development or real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district linancing (other than periodic reports), guarantees and environment indemnities. lN WITNESS WHEREOF, I have here unto set my hand this 2nd clay of June, 2010. / ,·: . \ IJJ !--,. 1,,,, r- - - �-'; ,: ri. �'.·: ,, ..... .. ., ...' ... 't ... ,: ... · : . . STATE OF MICI IIG/\N COUNTY OF 0/\KI./\ND ) ) ) I; ,, . \ \\. ti 11 ,,- On June 2, 20 I 0, before me, Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and ol'ficial seal. Donna Marie Matyanowsk , Notary Public Oakland County, Michigan My Commission Expires: 05/25/20 I 3 ) ' - . .1 J I' 16.A.17.c Packet Pg. 664 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) PULTE HOME CORPORATION CERTIFICATE OF INCUMBENCY 1, the undersigned officer of PULTE HOME CORPORATION, a corporation duly organized and existing under the laws or the State or Michigan ("the Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, and that each of the following individuals arc duly acting South Florida division employees of the Corporation, each such individual holding the title set forth following such individual's name. 2, 2010. '· -.. -. � .. .. -.. :·-. ·. \ .... -\ -· . \ : f,• \ -. .--l . · .. ' Michael Woolery Michael l·Iucnikcn Land Development Manager Land Development Manager IN WITNESS WHEREOF, 1 have hereunto signed my name on behalf of the Corporation on June ,, ,.,.• :.rJ :-:j r.ri , ...... , ;·� : .: •' - • I I • . . .. -. : ;•i -� I· I .-: ·,,·' \. ' \ ' ' ' \ .. ' . 1·.·. ,. 1 '1,11:,t , ,, PULTE HOME CORPORATION, a Michigan corporation 16.A.17.c Packet Pg. 665 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) 2 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELA WARE No. Bl-7991c NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY £NSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jessica Hollaender or Jeremy R. Polk of Wells Fargo Insurance Services USA, Inc. of Phoenix, AZ its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its ..!:. -';: principal office in their own proper persons. ;._j /l 'J /l -/l � '!J -- .D "J C C: ::I ... '.J Cl. .g � Th is Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued . _& � IN WITNESS WHEREOF, the Company has caus Ehthese presents to be signed and attested by its appropriate officers and its ·; 2 corporate seal hereunto affixed th i�h 112iay of _l....-,:c:;;/J.��::::::...-' 2015. ,.... :;,JJ - .:L. .g g 2 ..c t., 'J � � (Seal) :.... ".) -,:j C :J 0 /l ·= � Attest: Ira S. L Senior Vice President & Secretary � i \\/ARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. :::i 'LI a. � STATE OF CONNECTICUT) '!J :.... i= ) ss: ;:, 3 � g COUNTY OF FAIRFIELD ) /1 ��Sworn to before me, a Notary Public in the State of Connecticut, thiscJ(-,.ff�y of c_J_L/J--, 2015, by Ira S. Lederman and � � Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, andlhe Senior Vice Pr ident, respectively, of 3 -:: Berkley Insurance Company. MARIA C. AUNDBAKEN , }T , /}_,., 'c:i NOTARY PUBLIC . /,,� [__ . '.?t:f-K2✓;;. � MY COMMISSION EXPIRES 1 , "' -, .. 3 APRIL 30, 2019 N ..; :3 CERTIFICATE / ·-/, � I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a � :j true. sc,rr•xt 211d complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded -,:-: ;::; � and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of (Seal) A\tor.wy is ::tt\?.ched, is in full force and effect as of this date. Giv.:n under my hand and seal of the Company, thisULt.h_ day of_,JL>u....,n...,e�--�-:-'------' 2016 Aod,e);,(�� 16.A.17.c Packet Pg. 666 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation 24311 Walden Center Dr., Ste 300 Bonita Springs, FL 34134 (Hereinafter referred to as "Owner") and Berkley Insurance Company 7807 E Peakview Ave, Ste 350 Centennial, CO 80111 303-357-2616 BOND NO. 0202135 (Name of Owner) (Address of Owner) (Address of Owner) (Name of Surety) (Address of Surety) (Address of Surety) (Telephone Number) (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 million six hundred thirty nine thousand five hundred fifty one and 93/100 ($1,639,551.93) 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 of a certain subdivision plat named Buckley (PPL) 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 I I A 16.A.17.c Packet Pg. 667 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) 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 14th day of June, 2016. Principal: Pulte Home Corporation l --- By: Bryce Langen, Assistant Treasurer Witness: Gregory S. Rives Witness: Bernard J. Saunders ACKNOWLEDGEMENT STATE OF GEORGIA CO UNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 14th DAY OF June, 2016 by Bryce Langen AS Assistant Treasurer OF Pulte Home Corporation WHO IS PERSONALLY KNOW TO ME. Notary Public -State of GEORGIA (SEAL) Berkley Insurance Company Surety SEE ATTACHED NOTARY SHIRl£Y E HUTCHINS Nollfy Pullllc Nllltounc, s•otGtorOII CoMffltn60II fxpiftl Aft 17, 2011 16.A.17.c Packet Pg. 668 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) ACKNOWLEDGEMENT State of Arizona County of Maricopa On {p jl 'fjl l,q before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Jessica HollaenderNOTARY PUBLIC _ ARIZONAMARICOPA COUNTYMy Commission ExpiresJanuary 13, 2017 Jessica Hol/aender My commission Expires January 13th, 2017 16.A.17.c Packet Pg. 669 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Notes: BUCKLEY PPL Waldrop Engineering File No. : 465-02 �'.!. -. ·SUMMA�V Earthwork $108,185.40 Paving $354,540.35 Drainage $244,576.00 Landscaping $140,000.00 Electrical $100,000.00 Sub-Total $947,301.75 Wastewater $408,422.00 Potable Water $134,778.00 Sub-Total $543,200.00 10% Contingency $149,050.18 Total $1,639,551.93 1)This Opinion of Probable Cost (OPC) shall be used for budgeting 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. 31 All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. 16.A.17.c Packet Pg. 670 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) I I E-1 E-2 E-3 E-4 E-5 Description Sod {l' Behind Curb) 613 Sod (20' LME) 5,589 2' Silt Fence (Single Row) 4,981 Floating Turbidity Barrier 135 *Lake Excavation 27,111 Unit Price Amount SY $2.75 $1,685.17 . SY $2.7S $15,370.48 LF $1.75 $8,716.75 LF $8.00 $1,080.00 CY $3.00 $81,333.00 TOTAL= $108,185.40 16.A.17.c Packet Pg. 671 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Description Unit Price Amount On-Site P-1 3/4" Asphaltic Concrete (Type S-III) First Lift 7,262 SY $5.50 $39,941.00 P-2 3/4" Asphaltic Concrete (Type S-11I) Second Lift 7,262 SY $5.50 $39,941.00 P-3 6" Limerock Base (Compacted and Primed)7,262 SY $7.10 $51,560.20 P-4 12" Stabilized Subgrade (Onsite Material)9,138 SY $2.25 $20,560.50 P-5 Type "A" Curb & Gutter 620 LF $15.00 $9,300.00 P-6 Type "F" Curb & Gutter 452 LF $12.00 $5,424.00 P-7 Valley Gutter 4,795 LF $11.00 $52,74S.0O P-8 4" Concrete Sidewalk 3,221 SY $25.00 $80,525.00 P-9 Signing and Marking 1 LS $12,000.00 $12,000.00 P-10 ADA Detectable Warnings 8 EA $375.00 $3,000.00 TOTAL= $314,996.70 OH-Site P-1 3/4" Asphaltic Concrete (Type S-11I) First Lift 719 SY $5.50 $3,954.50 P-2 3/4" Asphaltic Concrete (Type S-11I) Second Lift 719 SY $5.50 $3,9S4.50 P-3 6" Limerock Base (Compacted and Primed)719 SY $7.10 $5,104.90 P-4 12" Stabilized Subgrade (Offsite Material)827 SY $2.25 $1,860.75 P-5 Type "A" Curb & Gutter 52 LF $15.00 $780.00 P-5 Type "F" Curb & Gutter 547 LF $12.00 $6,564.00 P-6 4" Concrete Sidewalk 343 SY $25.00 $8,575.00 P-7 Signing and Marking 1 LS $8,000.00 $8,000.00 P-8 ADA Detectable Warnings 2 EA $375.00 $750.00 TOTAL= $39,543.65 16.A.17.c Packet Pg. 672 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Description Quantit Unit Price D-1 12" HOPE 1,936 LF $18.00 $34,848.00 D-2 15" RCP 1,578 LF $30.00 $47,340.00 D-3 18" RCP 814 LF $32.00 $26,048.00 D-4 24" RCP 366 LF $40.00 $14,640.00 D-5 15" Flared End 1 EA $2,200.00 $2,200.00 D-6 18" Flared End 3 EA $2,800.00 $8,400.00 D-7 24" Flared End 2 EA $3,200.00 $6,400.00 D-8 Type 9 Inlet 2 EA $4,000.00 $8,000.00 D-9 Valley Gutter Inlet 10 EA $3,800.00 $38,000.00 D-10 Type "C" Inlet 11 EA $2,700.00 $29,700.00 D-11 Yard Drain 21 EA $1,000.00 $21,000.00 D-12 Control Structure 1 EA $8,000.00 $8,000.00 TOTAL= $244,576.00 16.A.17.c Packet Pg. 673 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Description Unit Price Amount LA-1 Code Minimum Landscaping 1 LS TOTAL= $140,000.00 16.A.17.c Packet Pg. 674 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Description Quanti Unit Price Amount E-1 Street Lighting 1 LS $100,000.00 $100,000.00 SUBTOTAL= $100,000.00 16.A.17.c Packet Pg. 675 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Description Unit Price Amount Hot Tap Exisiting 20" Force Main 1 EA $15,000.00 $15,000.00 WW-2 Direc tional Drill 4" FM w/ casing 150 LF $200.00 $30,000.00 WW-2 8" PVC Sanitary Sewer SDR-26 (0-6') LF $25.00 $12,200.00 8" PVC Sanitary Sewer SDR-26 (6-8') 531 LF $32.00 $16,992.00 8" PVC Sanitary Sewer SDR-26 (8-10') 563 LF $44.00 $24,772.00 WW-5 8" PVC Sanitary Sewer SDR-26 (10-12') 445 LF $60.00 $26,700.00 WW-6 8" PVC Sanitary Sewer SDR-26 (12-14') 313 LF $75.00 $23,475.00 WW-6 Manhole 4' Diameter with IET Coating (0-6') 3 EA $4,200.00 $12,600.00 WW-7 Manhole 4' Diameter with IET Coating (6-8') 2 EA $5,300.00 $10,600.00 Manhole Diameter with IET Coating (8-10') 1 EA $6,750.00 $6,750.00 WW-9 Manhole 6' Diameter with IET Coating (10-12') 2 EA $8,000.00 $16,000.00 WW-10 Manhole 6' Diameter with IET Coating (12-14') 1 EA $9,250.00 $9,250.00 6" Single PVC Sewer Service w/ Cleanout 14 EA $750.00 $10,500.00 WW-12 6" Double PVC Sewer Service w/ Cleanout 34 EA $800.00 $27,200.00 Sanitary Sewer Service Cleanout 2 EA $300.00 $600.00 Pump Station (Complete) 1 EA $160,000.00 $160,000.00 4" PVC Force Main 37 LF $14.00 WW-16 Television Inspection 2,340 LF $5,265.00 SUBTOTAL= 16.A.17.c Packet Pg. 676 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Unit Price Amount PW-1 Connec t to Existing Water Main-Hot Tap 2 EA $10,000.00 $20,000.00 PW-2 l" Single Water Service, Complete 13 EA $550.00 $7,150.00 PW-3 1.5" Double Water Service, Complete 35 EA $600.00 $21,000.00 PW-4 6" PVC Water Main (C900, DR 18) 2426 LF $16.00 $38,816.00 PW-5 6" PVC Water Main (C900, DR 14) 265 LF $18.00 $4,770.00 PW-6 6" Gate Valve 7 EA $1,200.00 $8,400.00 PW-7 Temporary Blow-off/ Automatic Flushing Device 2 EA $3,500.00 $7,000.00 PW-8 Permanent Bacterial Sample Point 1 EA $1,392.00 $1,392.00 PW-9 Temporary Bacterial Sample Point 5 EA $1,000.00 $5,000.00 PW-10 Fire Hydrant, Complete 5 EA $4,250.00 $21,250.00 SUBTOTAL= $134,778.00 16.A.17.c Packet Pg. 677 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Developmert Review DMsion • 2800 Nooh Horseshoe Drive • Naples, Aaida 34104 • 239-252-2400 • www.coliergov net 16.A.17.c Packet Pg. 678 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Decrease PENALTY RIDER BONDNO.� To be attached and form a part of Bond No. 0202135 dated the lit!! day or June, 2016, executed by Berkley Insurance Company as surety, on behalf of Pulte Home Corporation as current principal of record, and in favor of Collier County. as Obllgee, and in the amount of One Mllllon Six Hundred Thirty Nine Thousand Five Hundred Fifty On e DoUars and 93/J00 CSJ,639,551.93). In consideration of the agreed premium charged for this bond, it is understood and agreed that Berkley Insurance Compan y hereby consents that effective from the 16th day of March. 2017, said bond shall be amended as follows: THE BOND PENAL TY SHALL BE Decreased: FROM: One Million Six Hundred Thirty Nine Thousand Five Hundred Fifty One Dollars and 93/100 CSt,639,SSt.93) TO: Five Hundred Ninety One Thousand One Hundred Thjrty Four D ollars and 281100 <SS9t,t34.28) The Decrease of said bond penalty shall be effective as or the !fil!! day or March, 2017, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount o&-Hallrilit\l.J11.5sumed by it at the time the act and/or acts or default were committed an no event shall su ability be cumulative. Berkley Insurance Company SllRETV BOVE BOSD IS HEREBY AGREED TO AND ACCEPTED BY: Collier County OBLIGEE TITLE 16.A.17.c Packet Pg. 679 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) POWER OF ATTORNEY BERKLE Y INSURANCE COMPANY WILMINGTON, DELAWARE No. Bl-7991c NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constirutcd and appointed, and docs by these presents make, constitute and appoint: Jessica Hol/ae11der or Jeremy R. Polk of Wells Fargo /11s11rance Services USA, Inc. of Phoenix, AZ its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chainnan of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Co�p&ny has caus d-ithese presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thiw�1'aay of _1,""""".:���==--• 2015. Attest: (Seal) WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this�Jay of c'� , 2015, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and;i;eSenior Vice Pr. ident, resµectively, of Berkley Insurance Company. MARIA C. AUNOBAKEN , Y , /J 1 1 / MY c��!:i:�16�8i!<;,1RES 'I. u,:<-.L l-• . :4°-.J' APRIL 30, 2019 N ary Pubhc, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. (Seal) Given under my hand and seal of the Company, this E__ day of March 2017 Andrew 16.A.17.c Packet Pg. 680 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) eofer Count;y-, ..__ ,. --1WGrD\Alth Management Department December 13, 2018 Development Review Division Berkley Insurance Company 7807 E Peakview Ave., Ste. 350 Centennial, CO. 80111 RE: Your Performance Bond No. 0202135 -Pulte Home Corp Buckley Parcel Subdivision, a/k/a A very Square Dear Sir or Madam: Please be advised that based on the work completed to date, the subject Performance Bond may be reduced by $361,618.10. According to our records, this will leave an available security of $229,516.18. The remaining security represents the required 10% maintenance value of $149,050.18, plus $80,466 as 100% security for the current remaining improvements. 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, 'JOUN UOW.DSWOR1U John R Houldsworth Senior Site Plans Reviewer With authority in these matters CC: Waldrop Engineering ----®'---- Develoixnert Review DPJision • 2800 Ncr1h Haseshoe Drive • Naples, Aorida 34104 • 23S-252-2400 • www.coforg,v net 16.A.17.c Packet Pg. 681 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) Decrease PENAL TY RIDER BOND '0. 0202135 To be attached and form a part of Bond No. 0202135 dated the 14th day of June, 2016, executed by Berkley Insurance Company as surety, on behalf of Pulte Home Company. LLC as current principal of record, and in favor of Collier County. as Obligee, and in the amount of Five Hundred Ninety One Thousand One Hundred Thirtv Four Dollars and 28/100 ($591,134.28). ln consideration of the agreed premium charged for this bond, it is understood and agreed that Berkley lnsurance Company hereby consents that effective from the 13th day of December, 2018, said bond shall be amended as follows: THE BO D PENALTY SHALL BE Decreased: FROM: Five Hundred Ninetv One Thousand One Hundred Thirtv Four Dollars and 28/100 ($591,134.28) TO: Two Hundred Twentv ine Thousand Five Hundred Sixteen Dollars and 18/100 ($229,516.18) The Decrease of said bond penalty shall be effective as of the 13th day of December, 2018, and does hereby agree that the continuity of protection under said bond su.bject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 18th day of December, 2018. 16.A.17.c Packet Pg. 682 Attachment: Bond Basis (14291 : Final Acceptance - Buckley Parcel) 16.A.17.d Packet Pg. 683 Attachment: Plat Map (14291 : Final Acceptance - Buckley Parcel) 16.A.17.d Packet Pg. 684 Attachment: Plat Map (14291 : Final Acceptance - Buckley Parcel) 16.A.17.d Packet Pg. 685 Attachment: Plat Map (14291 : Final Acceptance - Buckley Parcel) 16.A.17.d Packet Pg. 686 Attachment: Plat Map (14291 : Final Acceptance - Buckley Parcel)