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Backup Documents 12/11-12/2012 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT RE61 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#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 routingzlines#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 Lk 15113 4. BCC Office — Coy 1 Board of County � G ��'V1 Commissioners 7$/ A\°•\ \-j 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 John Houldsworth Phone Number x-5757 Contact/ Department Ttrvvr _ Agenda Date Item was December 11,201 Agenda Item Number 16-A8 J Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original 2—Agreement&Bond Attached and Performance Bond 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? 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 JH document or the fmal 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 December 11,2012 and all changes made during the 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 forth t Chairman's signature. v 1 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 16A8 :I MEMORANDUM Date: April 9, 2013 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Quarry Coquina Circle - 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, December 11, 2012. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment CONSTRUCTION 16A8 AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 'Ph day of 1D4 C �m bet-- J ,20/L between PVLrE 140MES c0aPORATn013 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 COQUINA CIRCLE 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: jk.,(p(l I V 1 SI Gn M p S 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$287,293.48 - 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. 16A8 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 I+t' � day of De C P h'h-e r / , 20_I . SIGNED' N THE PRESENCE OF: (Name of: ) pv Hoi4ES CORP •12AT1DN B : 11111 rao t iJ Printed Name 1-1M66gi IiUw6S iS C.14R N u Printed Name/Title (President,VP,or CEO)D .GcQ_ LAND 0EvatOPWIE/ fr. (Provide Proper Evidence of Authority) Printed Nam ATTEST: DWIGft E.p#04,CgRIG, Bo of COUNTY •MMISSIONERS OF COLLIER 4 COUN , F •R •A B —� By: Al 2. ,S#�?�! " ►T '1,6n/ion/Ian gia • . filler, Esq. Deputy Clerfe Attest �ianTnan S su}.n3tur4 only. Approved as to form and legal sufficiency: sS►cm, c(AA-qty A-rtnney ,. 16A8 PERFORMANCE BOND BOND NO.09091708 KNOW ALL PERSONS BY THESE PRESENTS:that Pulte Home Corporation (Name of Owner) 24311 Walden Center Dr, Ste 300 (Address of Owner) Bonita Springs FL 34134 (Address of Owner) (Hereinafter referred to as"Owner")and Fidelity and Deposit Company of Maryland (Name of Surety) 10 S Riverside Plaza, 5th Floor (Address of Surety) Chicago IL 60606 (Address of Surety) 312-496-2400 (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 T O"^'bi"v"i ""^'^iiiidr oHii m."Y"vTM"'nd"N0C Dollars ($267,293.4e ) 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 COQUINA CIRCLE 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 1 6 48 Bond No. 09091708 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:4-- 2 1 Printed Name Printed Name/Title Bruce E. Robinson, VP & Treasurer Witness (Provide Proper Evidence of Authority) Printed Name Dory Malouf ACKNOWLEDGEM ENT STATE OF MICHIGAN COUNTY OF OAKLAND THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 4th j March j , 20 13 by Bruce'? E. Robinson (NAME OF ACKNOWLEDGER)ASVP Si 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) SHIRLEY E. HUTCHINS NOTARY RELIC,STATE OF IMI a<1 001 NTY OF WAYNE Ak1 Of WOMAN ES Met a ,2017 Printed Nam ACTIK� N Shirley E. Hutchins Fidelity and Deposit Company of Maryland Surety BY: \ 1%4,U/►'l 747111-1-'"\— Dawn L. Morgan , Attorney—in—Fact FL Lic. No. P011322 SEE ATTTAC® NOTAPY I ZURICH AMERICAN INSURANCE COMPANY 6 A 8 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY V 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 roaa44, e"Os •SEAL -=r 7 b 1°3 1VI loia j$ • BY 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. "„,oinq, a J � ,,''i.f:ii,:; Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 036-0013A 1648 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS ) ) S.S. COUNTY OF DUPAGE } 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 Punic, ate OF IJJNOSB W MYBSION BIM WSW 29,2016 Notary Public— Bo ie J. Ilsfe 1648 5.0 ENGINEER'S OPINION OF PROBABLE COST 5.1 Paving, Earthwork, Landscape, Lighting & Drainage Calculations Paving DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 314'Asphalt Conaeb(type S-111)2nd lilt SY 1,642 $5.80 $9,523.60 3/4 Asphalt Conaels(type S-111)1st it SY 1,642 $5.25 $8,620.50 12'Stablzed Subgra4 SY 1,991 $3.25 $6,470.75 6'Limerodc Base(compact&prime) SY 1,642 $12.50 $20,525.00 4'Limerock Base(conpact&prime)Sidewalk SY 529 $11.50 $6,083.50 1'Sod-bads of curb SY 395 $1.50 $592.50 Valley Guyer LF 1,543 $7.70 $11,881.10 4'Ihidc-reinbrced concreb sidewalk SY 529 $36.50 $19,308.50 Signage List LS 1 $1,176.00 $1,176.00 Stiping LS 1 $1,140.00 $1,140.00 Demo Exist Paving Intastudure LS 1 $5,000.00 $5,000.00 Valley Crossing LF 140 $10.00 $1,400.00 TOTAL $91,721.45 Earthwork DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Fill&Grading CY 3,226 $3.50 $11,291.00 Silt Fence LF 1,006 50.70 $704.20 TOTAL $11,995.20 Landscape DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Required General Trees EA 34 $175.00 $5,950.00 Landscape Irrigation SF 408 $0.50 $204.00 Mulch SF 408 $0.28 $114.24 TOTAL $6,268.24 Street Lighting DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Steel Lights EA 7 $2,200.00 $ 15,400.00 TOTAL $ 15,400.00 Drainage DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 24'Flared End Sedan EA 1 $1,650.00 $1,650.00 18'RCP LF 399 $30.00 $11,970.00 24'RCP LF 234 $40.00 $9,360.00 8'PVC LF 550 $18.50 $10,175.00 Junction Box EA 2 $2,200.00 $4,400.00 Valley Gulbr Inlet EA 4 $2,500.00 $10,000.00 (Nth Bottom Inlet EA 1 $2,200.00 $2,200.00 Yard drain EA 4 $750.00 $3,000.00 TOTAL $52,755.00 33 16 A8 5.2 Potable Water,Wastewater and Irrigation System Calculations Potable Water System DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 6'Gab Valve&Valve Box EA 3 $800.00 $2,400.00 6'CL 200 PVC(DR14) LF 63 $15.00 $945.00 6'CL 150 PVC(DR18) LF 575 $14.00 $8,050.00 1-1/2'Polybbing LF 152 $6.50 $988.00 4'Sch.40 PVC Casing IF 102 $5.00 $510.00 Fire Hydrant Assembly Compleb EA 2 $2,500.00 $5,000.00 2'PVC Single Service w/Mebr EA 9 $700.00 $6,300.00 Tie inb Exiting EA 1 $1,800.00 $1,800.00 Tenporary Sanple Point EA 2 $300.00 $600.00 Al Release Valve EA 2 $3,000.00 $6,000.00 PennanentSangle Point EA 1 $2,000.00 $2,000.00 Directional Bore LS 1 $5,000.00 $5,000.00 TOTAL $39,593.00 Wastewater System DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Manhole 0'-6'cut EA 2 $3,500.00 $7,000.00 Manhole 6'-8'cut EA 2 $4,200.00 $8,400.00 8'PVC(SOR 26)0'4 cut IF 554 $20.00 $11,080.00 8'PVC(SDR 26)6!.f cut IF 92 $29.00 $2,668.00 6'Services w1 Cleanoub EA 6 $700.00 $4,200.00 Tie b Exiting(Core Exist Manhole) LS 1 $5,000.00 $5,000.00 Television Inspecion LF 92 $1.25 $115.00 TOTAL $38,463.00 Irrigation System DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 4'PVC Irr. LF 498 $10.00 $4,980.00 TOTAL $4,980.00 Potable Water Distribution = $39,593.00 Wastewater Collection = $38,463.00 Irrigation System = $4,980.00 Total Utility Construction Costs = $83,036.00 Due Plan Review Fee(.75%of Utility Costs) = $622.77 $62177 Construction Observation Fee(2.25%of Utility Costs) = $1,868.31 $934.15 TOTAL FEES = $2,491.08 $1,556.93 ,tv\\( E HqR7,/, . , I ` �GENBtF'-`FS- -� Daniel C H. ey, .E. ' FL License No. 73943 Q; to.73943 = fir ; * ' ce _ '0 STATE of i, A'• • FLOft..• 1 ////sSI ON PA- ‘\\\ \\\ I 16A8 PaNng = $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& = $178,139.89 Drainage Costs Due Plan Review Fee(75%of Paving Grading Landscape,Lighting&Drainage Costs) = $1,336.05 $1,336.05 Construction Observation Fee(225%of Paving Grading Landscape, Lighting&Drainage Costs) _ $4,008.15 $2,004.07 TOTAL FEES = $5,344.20 $3,340.12 � FL License No.73943 `\`Gpt.E �Rj/' (`.r ENS1'• F� • zz. a , so.13943 _ w130 gSATE 0 Ft\F OF , S '2 // S I ON P IIII 34