Backup Documents 01/08-09/2013 Item #16A 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 AB
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR ,
Print on pink paper. Attach to original document. The completed routing slip and original documents are 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.
Complete routing lines #I 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 Addressees (List in routing order)
Office
Initials
Date
1.
a ro riate.
(Initial)
Applicable)
2.
January 8, 2013
Agenda Item Number
16 -A8
3. County Attorney Office
County Attorney Office
JH
I I 13
4. BCC Office
Board of County
Commissioners
W
q \�3
5. Minutes and Records
Clerk of Court's Office
Documents Attached
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
John Houldsworth
Phone Number
x -5757
Contact / Department
a ro riate.
(Initial)
Applicable)
Agenda Date Item was
January 8, 2013
Agenda Item Number
16 -A8
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JH
Type of Document
Construction & Maintenance Agreement,
Number of Original
2 — Agreement. & Bond
Attached
Performance Bond
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
OMWK
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
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JH
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JH
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
JH
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
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
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document or the frill negotiated contract date,whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. -
7.
In most cases (some contracts are an exception), the original document and this routing slip
JH
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 January 8, 2013 and all changes made
during the meeting have been incorporated in the attached document. The County
?e
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 signature.
OMWK
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
M 9 A .0
ffee
MEMORANDUM
Date: April 9, 2013
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Quarry Phase 5 - Construction & Maintenance
Agreement, Performance Bond and Plat
Attached for your records is a copy of the document referenced above
(Agenda Item #16A8) adopted by the Board of County Commissioners
Tuesday, January 8, 2013.
If you have any questions, please feel free to contact me at 252 -8411.
Thank you.
Attachment
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 16 A8
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
b+�A — day of. Jah vAry _ J 12013 between Pour- - owES cv^ poamicA3
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 5
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: Sal b V I s I c) n I M PrD V -(—f Y1 f'A f`S
within eighteen (1m) 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 $ 721.501.06 - 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.
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 h ve caused this Agreement to be executed by their duly
authorized representatives this �`�► day of �QY? 20
u0.T}l�� .
SIGNED I THE PRESENCE OF:
(Name of e . )
-- %�
By
Printed Name0, ,,I I ES
Printed Name/Title
(President, VP, or CEO) 1pCTC1Q U�vjD D PvF- "-04AF, k/ r
C
(Provide Proper Evidence of Authority)
Printed Name.
ATTEST:
DWIGHT E. BROC d.......�
+�
BOARD OUNTY C MISSIONERS OF COLLIER
COUNTY FL R A
B
At{}sS{ S {0 aIrT
Deputy Clergy. . y
By:
Georgia A. Hill
�, I►' Vv o rnan
Approved as to form a'60 lega r sufficiency:
f zS Stzk *-t h nt� At DYnt y
er, Esq.
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
BOND NO. 09091709
(Name of Owner)
(Address of Owner)
(Address of Owner)
Fidelity and Deposit Company ofMaryland(Name of Surety)
10 S Riverside Plaza 5th Floor
Chicago IL 60606
312 - 496 -2400
(Address of Surety)
(Address of Surety)
(Telephone Number)
16 A8 I
(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 6n--Tvr"o- Th&AendF sHwWwodOn*&OW10° Dollars
($ 721,501.06 i 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 QUARRY PHASE 5 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
Bond No. 09091709
W 1 0 A 0
es
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 4th day of March / 2013 /
WITNESSES:
(Owner Name and Title if Corporation) Pulte Home Corporation.
By:
Printed Name
Printed Name/Title Bruce E. Robinson, VP & Treasurer
Witness
(Provide Proper Evidence of Authority)
Printed Name
1?-- Dory Malouf
ACKNOWLEDGEMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
4th / March / , 20 13 by Bruce, E. Robinson (NAME
OF ACKNOWLEDGER) ASVP & Treasurer (TITLE) OF Pulte Home Corporation (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED known person
AS IDENTIFICATION.
Notary Public - State of MICHIGAN
(SEAL) SHRrl!. WTCNINS
4MOM PUBLIC. STATE OF W
? COUNTY OF WAYNE
32017 N1GOM P ted Nam Shirley E. Hutchins ACTING
Fidelity and Deposit Company of Maryland
Surety
BY:
Dawn L. Morgan Attorney -in -Fact
FL Lic. No. P011322
SEE ATTTACHED NOTAFY
• � i
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Peggy FAUST, Kelly A. GARDNER, Stephen T. KAZMER, Bonnie KRUSE, Jennifer J. MCCOMB, Elaine
MARCUS, James I. MOORE, Dawn L. MORGAN, Melissa SCHMIDT and Donna WHALEN, all of Westmont, Illinois, EACH its
true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any
and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon
said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of August, A.D. 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�s eaor�� w"a
BRAL Fn=
wr ���777 DM �a t9
,�.w � At
Assistant Secretary Vice President
Gerald F. Haley James M. Carroll
State of Maryland
City of Baltimore
On this 30th day of August, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
/
Constance A. Dunn, Notary Public
My Commission Expires: July 14, 2015
POA -F 036 -0013A
• � i
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF DUPAGE
}
} S.S.
}
On March 4, 2013, before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Dawn L. Morgan, known to
me to be Attorney -in -Fact of Fidelity and Deposit Company of Maryland, 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 on behalf of the said
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.
OFFICIAL SEAL
My Commission Expires on November 29, 2016 BONNIE J. KRUSE
NOTARY RAA STATE OF IuA M
IN comet a810N D�iBB tIOYH�R 24,1016
'Notary Public — 136/hi7eTRASsa
QUARRY PHASE 5
ENGINEER'S COST ESTIMATE
Paving
DESCRIPTION
UIST
QTY
UNIT PRICE
TOTAL PRICE
39-AsPtkllt COMO S•III 2nd lift
SY
4,143
$5.80
524,029.40
314 Asphalt Comets S -III 1stlR
SY
4,143
$5.25
$21,750.75
1r Stabized Subgrade
SY
4,980
$3.25
$16,185.00
6• Lkwock ease &
SY
4143
$12.50
$51787.50
4' thidk Reirkrced Conaeie Sidewalk
SY
1,047
$36.50
$38,2450
4' Lkoerodk ease & Sidewalk
SY
1,047
$11.50
$12,040.50
V Sad -d-oxb
SY
413
$1.50
$619.50
2 Vft Gutter
LF
3,715
$7.70
$28,605.50
List
LS
1
$1,200.00
$1,200.00
S
LS
1
$1,200.00
$1200.00
Yard drain I
SUBTOTAL I
5195 633.65
Earthwork
DESCRIPTION
tNST
QTY
UNIT PRICE
TOTAL PRICE
Fib Graft
LS
1
$35,000.00
$35,000.00
Sit Fence
LF
2.830
$0.70
$1,981.00
F Twbidly Barrier
LF
170
$0.70
$119.00
36' RCP
SUBTOTAL
$37,100.00
Landsca •
DESCRIPTION
DESCRIPTION
UN T
I QTY
I UNIT PRICE I
TOTAL PRICE
R General Trees
EA
74
1 $175.001
$12,950.00
Seed 3 Mulch
LS 71
1
1 $500.001
$500.00
LF
SUBTOTAL 1
$13,450.00
Drainage
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
42* Flared End Section
EA
1
$2.000.00
$2,000. 00
15' RCP
LF
295
1 $193,505.00
7,3 .
18' RCP
LF
598
$30.00
$17,940.00
36' RCP
LF
1,146
$67.00
$75.78ZOOI
42* RCP
LF
222
.00
1090.00
r PV
LF
$18.50
10,360.00
12* PVC
23.
T1-9,4V.0-0
Junction Bar
EA
3
.00
.00
Valley Gutter Inlet
EA
8
,500.00
$20,000.00
Dilch Bottom Inlet I
EA
2
$2,2w.00
Yard drain I
EA I
Is
M.00
$715M.001
SUBTOTAL
5193 50500
pa"
=
$195,633.65
Earthwork
z
$37,100.00
Landscape
=
$13,450.00
Sheet Lighting
=
$35,200.00
Drainage
_
1 $193,505.00
Total Paving, Earthwork, Landscape, Lighting & Drainage Costal
a 1
$474,888.65
\`0%% IIIll /��� //
Nx\ GONERr //i
o : No. 73943
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S�ur4r%—��� Daniel C. .E.
FL License No. 73943
•
QUARRY PHASE 5
ENGINEER'S COST ESTIMATE
M�
Potable Water System
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
6' Valve 3 Valle Box
EA
1
1,
1,
PY (D R14)
L
15.
lu
FU 150 PVC (D R18)
lL
EA
1,826
$13.
$25,367.50
Fire Hydrant Assembly Complete
EA
$3,000.
$12 ,
Water Service w/ mew
FA
38
$700.00
$26,6M.M
4' Sch. 40 PVC
LF
46
5.
$2,310.00
1e into
EA
2
1,7
,
I!TpM Sample Point
EA
403
$34.
$13,702.00
Permanent sampie Pow
EA
1
$2,000.00
$2,000.00
Rik—to-uis—fing
TOTAL
7 NN7.90
Wastewater System
DESCRIPTION
UNR
QTY
UNIT PRICE
TOTAL PRICE
hpders for Lift Station Pumps
EA
2
$500.00
1,
Manhole cwt
EA
7,
Manhole 6-V ad
EA
.
Manhole cut
,
' DR cut
LF
620
.00
13,020.00
8' SD -8' cwt
.50
$9,658.M
8" R VAT act
LF
271
$31.00
$8,401.00
8' PV SDR 1 -17 cut
LF
403
$34.
$13,702.00
5" Sw0ces w/ leanouts
EA
21
$14,700M
Rik—to-uis—fing
L
,
ITelemvision inspeclion
LF
1,618
1. 5
,
TOTAL
,003.50
DESCRIPTION I UNIT I QTY I UNIT PRICE . TOTAL PRICE
Potable Water Distribution
=
$74,667.90
Wastewater Collection
=
$88,003.50
Irrigation System
=
$18,350.00
Total Utllfty Construction Costs
=
$181,021.40
CpLE �T
No.73943 •:
•O : STA7E OF UJ
��ii� .t�• .F LOMOP'•�0����
l.j
NA
lllllll�
D niel C. H ey, P.E.
FL License No. 73943
I
rawng
=
$91,721.45
Earthwork
=
$11,995.20
Landscape
=
$6,268.24
Street Lighting
=
$15,400.00
Drainage
=
$52,755.00
Total Paving, Earthwork, landscape, Lighting b
Drainage Costs
_
$178,139.89
Due
Plan Review fee (.75% of Pavirig Graft Landscape, botng 6 arahap
COW $1,336,05 $1,336.05
ConswCtan Observation fee (215% ofPavo* Grading Landscape,
Lij "& Drakup Costs) = AM is $2,004.07
TOTAL FEES = $5,34420 s3,34R 12
!i � /o(i3 f ZoIZ
M iet c Haftley, P .E. % 111111 /�1,
FL License No. 73943 \` ���GQ�.E
' 3
o No 7394 ;
CC =
STp�E 2
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(11111I%%
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