Backup Documents 01/14/2014 Item #16A 3 ORITGINAL
A CC DOCUMENTS OMPANY ALL ORIGINAL DOCUMENTS SENT TOL J ? 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 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 4/11{/
4. BCC Office Board of County IAA 1c
Commissioners \(i l"' t-\`Z\. \fi
5. Minutes and Records Clerk of Court's Office
Ll(?1 la 12 'o(Pik
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
Agenda Date Item was Jan. 14,2014 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Plat—Lagomar at Fiddler's Creek Number of Original Plat
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? 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 otherparties 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
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 Jan.14,2014 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 for the
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 Slit A 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 routinklines#1 through#2,complete the checklist,and forward to the Coun Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
S()? /it /1 W
4. BCC Office Board of County 1.'u
Commissioners \' . /"/ .4\Zll t L
5. Minutes and Records Clerk of Court's Office �-p
• t m Li /21 r'N IZ:otf,
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 foradditional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was Jan. 14,2014 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two—Agreement&
Attached and Bond—Lagomar at Fiddler's Creek Documents Attached Bond
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 final 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
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 Jan. 14.2014 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 for e
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
16A . 3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 1''I �" day of / / 54..u0►t: , 20 1'4 between
FCC Veneta.LLC 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: Lagomar at Fiddler's Creek
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: `(fit IkrjkjilLjutt, MEAVV..VE ASAILI O
within 24 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$569.616.08 -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 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.
16 * 3
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 fulfi{j 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)FCC Veneta, LLC
I'' / By:Aubro .Forrao
Prints• Name 6.5 • L i yio p •
Printed Na e/Title President and CEO and not individually
(President,VP,or C 0)
`13 !'it9tZ (Provide Proper Evidence of Authority)
Printed Name
• toff(. 41. Co
ATTEST: ,. ' A. ae► . t 4,
DWIGHT E.BRO ,CLERK CLERK ; : BOARD CO TY COMMISSIONERS
� l` OF CO R NTY, FLORIDA
•
Deputy •- "i •' .' hairman's -• -
'tl��
Ap roved a o form and I re only. TOM HENNING, CHAIRMAN
S * A.
Assistant County Attorney
16A 3
.•
PERFORMANCE BOND
BOND NO. K08978918
KNOW ALL PERSONS BY THESE PRESENTS:that
FCC Veneta, LLC (Name of Owner)
8156 Fiddler's Creek Pkwy (Address of Owner)
Naples, FL 34114 (Address of Owner)
(Hereinafter referred to as"Owner")and
Weschester Fire Insurance Company (Name of Surety)
436 Walnut Street, WA1OH (Address of Surety)
WA1OH Philadelphia, PA 19106 (Address of Surety)
212-479-3722 (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 Fire Hundred 5ixly Sans Thousand Six HunOrad Sateen antl0&100 Dollars
($ $569,616.08 ) 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 Lagomar at Fiddlers creek 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
yl■E4t$ter 'A
16A3
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 29th day of January / / 2014
WITNESSES: (OwneAL
Title if Corpora/•n) FCC Veneta, LLC
4nPjBY:
ipt
Pri ted Name Printed Name/Title Aubr-y J. Ferrao, As President & CEO and
not individually
hfitiliA4 (Prov' a Proper Evidence Authority) Westchester Fire Insurance
S t Company
Printed Names a by 4.a/
D z Cynth a Farrell, Attorney-in-fact and FL Non-Resident Agent
License #E166034
ACKNOWLEDGEMENT
STATE OF #-C enn (;/r�CGA
COUNTY OF C.4-C/U.G4
THE FOREGOING PERFORMANCE BOND WAS ACKNOW ED ED BEFORE ME THIS DAY OF
jaw,Avt-d- , 20 14- , by . Pe... 4AV (NAME
OF ACKNO LEDGER AS/1i $• t-CE e (TITLE)OF V C. (NAME OF
COMPANY) WHO IS I:RJUIVALLY KNOW ME, OR HAS PRODUCED
AS IDENTIFICATION. �"
Notary Public-State of t ,t- Qa--
(SEAL) / .00...::z.{. JOSEPH WO PARISI
i .As* MY COI JISSION li EE 000484
AVM Jo 7 L 1�N3 EXPIRES:August 19,2014
•Printed N: , I �h Bonded nwt Budget Was
ACKNOWLEDGEMENT BY SURETY
STATE a NEW YORK
COUNTY OF NEW YORK
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 29TH DAY OF
JANUARY, 2014 BY CYNTHIA FARRELL AS ATTORNEY IN FACT OF WESTCHESTER FIRE INSURANCE
COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
PA IDENTIFICATION
c cuci L &-)71-_,(,dM Oh■
Notary T_xublic - State of New York
(SEAL)
Evangeline L. Dominick 1 EVANGELINA L.DOMINICK I
1 Notary Public-State of Now York
NO 01004769474
Qualified in Westchester witty
I My Commi«.on Expires 7 01t ■
_ 6 4 _ 3 •
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know*II men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation ot'the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Dowd of Directors of the said Company on December 11,2006,to wit:
"RRSQLVuct,than de Mowing authorizations relate to the aetuhon.for and on behalf of the Company,of both.undertaking*.rocomonves.contracts and maw*ARn commhments altos Conmony '
neredimo-the ordinary coma of busman leads a"Written Conmilment'7 - - •
(IJ Pali of the Cleimmt.No President and the Vice Presidents of the C u
otlhRwae Cannery hereby wlhonied,execute any Wnum cohnnamhmm kg molts behalf of die Comrgwq•,undo:the am of t.Company a
(1) Each daty.appointed atnnay.indaet of the Company b hereby mdedad to en.eM.oy W floats camadimant for and on behalf of the Company.midst Ow cal of the Company a oNmwiu,to taw swan the !
tddt action ie wdwtiizi by the owl of powers provided fain such primes written appointment an such anoneytn fare.
(3) Each erdis Cbaim^the hoiden and Ike Vice Pre idento of the Conway is hereby Whenrad,fel and an bibelot the Company,ft sppeim to amine any Amon the ettarlwp m•fat ofd,Company with
full ppwet and Mltarity to o ocuit for end on Wulf of the Conpwty.Rader the seai of ere Canputy or oib nw,such Written Coiiatimertte oft.Company a any be speeiMd in such mown
appointment,which pscinamion may be by general type a class of Written Cwadtmaio a by speuaatim of me a more pMiculm VMunt Commitments .
(4) Each oft.Ckehmen,the Nudism and Vice Presidents of the Company in bmehy adiaiied for and on behalf of the Company.to ddsgate in witting any other olEcer of the Convoy des mahonty to
execute.for and on behalf of the Company,wider the Company's sad or othemisa,such Minim Commitment oldie Compaq as are specified in such written algmion.*loch specification may be by
gansni type odes of W nark ComnilmaW a by apecaulin of OW a mare paticulu Written Cammtmmts
(S) The ao cure at my oAlear or other person executing y Wean Commitment s
i appaintmem or delgwn puretent to this Resdwn,and the sal of the Cwnpeq,may be*Mod by raenmik on such
Witten Comnimmnl or wine,appointmost er dskption:
FURTHER RESOLVED.that the brs5mna Resolution shall mw.donned Ia hi at adiaave statmnsm of the powers and authonty of oakem employees and other persons to act for and on behalf allot
Company,and such Rem ionon dull not limn or otherwise effect the minim of my such power of authority odwrwiw solidly Sramod a vetted
Does hereby nominate,constitute and appoint Annette M Leuschner,Cynthia Farrell,Debra A Deming,Evangeline L Dominick,Jessica lannoua,Kelly O'Malley,
Sandia Diaz,Thomas Rhatigan,Veloric Spates,Vivian Carti,all of the City of NEW YORK,New York,each individually if there be more than one named,its true and
lawful Ytlothey-in.•fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizance, contracts and other
• writings in the nature thereof in penalties not exceeding Ten Million dollars&zero cents(510,000,000.00)and the execution of such writings in pursuance of these
presents shelf be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the corporate seal of the said WESTCHESTER
FIRE`INSURANCE COMPANY this 13 day of December 2013.
WESTCHESTER FIRE INSURANCE COMPANY'
,
• ,l•
Siepkpr M Haney Vin President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
•
On this 13 day of December;AD.2013 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came
Stephen M.Haney,Vise-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed
the preceding instrument,and he acknowledged that he executed the same,and that the sal affixed to the preceding instrument is the corporate seal of said Company;
that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,.and that Resolution,adopted by the Board of
Directors of said Company,referred to in the preceding Instrument,is now in forte. •
• IN TESTIMONY WHEREOF,I�havvee hereunto set my hand and affixed my official seal pt the City of Philadelphia the day and year first above written. •
•
��� 4
•
•
g i 0.. . L f �__ S.aJ "redlyriNte
i I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of i
which the foregoing is A substantially true and correct copy,is in full force and effect p ( t
g In witness whereof,)Have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this'..•A 7day of om() 6(.7 J V
tll :it AA i . 4-.....
•
�� e/ WAFT I.Kelly.Amiga •
■
•
1 THIS POWER OF ATfORNEY MAY NOT DE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December 13,2015. •
o I
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II C
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. U
16A3
WESTCHESTER FIRE INSURANCE COMPANY-NAIC#10030
FINANCIAL STATEMENT DECEMBER 31,2012
ADMITTED ASSETS
BONDS $1,915,932,115
SHORT-TERM INVESTMENTS 22,465,390
STOCKS 0
REAL ESTATE 0
CASH ON HAND AND IN BANK (41,292,474)
PREMIUM IN COURSE OF COLLECTION' 56,678,650
INTEREST ACCRUED 17,136,830
OTHER ASSETS 148,350,304
TOTAL ASSETS $2,119,270,815
LIABILITIES
RESERVE FOR UNEARNED PREMIUMS $215,324,197
RESERVE FOR LOSSES 1,103,762,744
RESERVE FOR TAXES 3,515,562
FUNDS HELD UNDER REINSURANCE TREATIES 4,484,136
OTHER LIABILITIES (21,519,017)
TOTAL LIABILITIES 1,305,567,622
CAPITAL: 70,000 SHARES,$71.43 PAR VALUE 5,000,100
CAPITAL: PAID IN 292,187,374
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 111,710,473
SURPLUS(UNASSIGNED) 404,805,246
SURPLUS TO POLICYHOLDERS 813,703,193
TOTAL $2,119,270,815
(*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P.Taylor,being duly sworn,says that he is Vice President of
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's financial condition as of the
31 st day of December,2012.
Sworn before , this ' iTh (L..t_C lam 1 r, . • 1"='>
Vic President
Notary Public ') My comb ission expires
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Diane Wright,Notary Public
CIty of Philadelphia,PhiladelpMa County
My Commission Erpkes Aug.8,2015
MEMeER PCIBNSYLVANUI AMOCI:WI Of NOTARIES
16A. 3
SOUTH FLORIDA EXCAVATION,INC.
1455 Ran Haan Blvd.,Suite 3
Naples,FL.34110
Tel:239.5564111 Fax339-596-5112
Ca15udE*.Bon Conbaclol:NOR'190&I
PROPOSAL
1Id12ui4
TO:0. 3mdy Ilhor and Amon
3800 Ma Oat Rey
Bonita Sprkgs,maims 34131
ATT:hawk tam
Proms Plddiet Olsek-Lapamir
Phbnec 047-114:1
•
Mal i . Yid/ 16I2Btcs •TOTA __18 Timing.Clbrkaet r si Point 1 LS $ 0800' S 8,800
.00 5.T rump Wear tar Cambodian
1 .1.5 0 4,500.00 3 4,800.00
Sabha!)
125,800:00
VI sit tip tedoestIon
8.1 Rosati Steeat Willi is EA * 2,000.00 s 10,000:00
subtotal .S 'I0,da0:Op.
VS Arfgapoa atahr s via.a
7_1 Cut INr1t:4"Tee 6 EA S -1,50006 $ 5,000.00
7.2 Gat MTti.'m•4'Tee 2 EA s t500m s 3,000.00
7.3 4•GefaVyvaa 8 EA s 1.500.00 3 12000.00
7.4 4^HgPE,Ptpe 00'with Adoplor and cap 8 EA s 1,500.00 i 12,000.00
Si6oOtal 3 34000,00
TOTAL eno S'317,03280 K 410• = 4 c9,4,110.o$
AM aalerW a Dim nt'id soft se swat*,ado Weisboviwork fa b.pirratliad b aboordinn with rardrawlaprand
apeWOeatans aubMatod for above wadi sad cmgiwd ln.s strhiteedaI workmanlike manner for Ow sum MO tpgooa;oo)
draws talk payments b be reads ea tollovle:As work w oressea.raauast asvmamon MI and mama on 1St. .
Repel:Voir submitted
SOUTH FLORIDA EXCAVATION,OtC.
Aeyalars atatbdallaibasaibe rep.tllee8itikaiidniaNamah.w0ba ea■oamuponaMartadearamambowanuse
*Mho MOM Ala orloots holhoo,apamshim=Me adelyp Mond moment Oarb a�
baaas!pan MOM Welk N4krfi oa7'rsoul mm and Mr nmoy
.CwIPaaMa allm portiere,atetaalri m above"MOM*Wants h,:00!!14!mama!MAMMON
Mir 1Napgsrt aryborehroa by us tootemapbn Maar_a_days.
Artiapl ne!al Prepmmal
The aSow pleas,aparOkseona and eoadMlone asI Imfactory and aro hemby soderieet You ma adhodsid to do the were
es apednod.rammed will b0,Sudan,otaakwd above.
Slitatur
Data »atuem
Pegs 2 of 2
16 * 3
SECTION oosoo
AGREEMENT
14T
TIES AGREEMENT,made and entered into this Ifa day of 2014,A.D.,by said
between FCC.Veneta,LLC,party of the first part(hereinafter sometimes called the"Owner") and
Month Florida Excavati o , party of the second part (hereinafter sometimes: called the
°Conftactoe).
WI NESSETH: That the parties hereto,for the consideration hereinafter set forth,mulimily
agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment machinery,, tools,
apparatus,and.transportation and perform all ofthework shown on the Drawings and
described in the Specification entitled:
Lagomarat
Fiddler's Creek
Construction Plans and Single Family Site Plans
Dated Tune 2013,One Revision
as prepared by Q.Grady:Minor.&Associates,P.A.,acting as,and in.the Contract
Documents entitled the Owner's Engineer,and shalt do everything required by this
Contract and the other Contract Documents.
1.02 THE CONTRACT SUM
A- The Owner shall pay to the Contractor for the faithfulperfoariance ofthe Contract;in
lawful money of the United States, and subject to addition and deductions as
provided in the Contract Documents,as follows:
B. Based upon the price shown in the Proposal heretofore summitte d to the Eby the
Contractor,a copy of said Proposal being a part of these Contract Documents,the
aggregate amount of this Contract is the sum of $517.832.80 (Five Hundred
Seventeen Thousand Eight Hundred Thirty Two Dollars and Eighty Cents).
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work within 5 calendar days after receipt of Notice
to Proceed.
00500- 1
GA PRal-ENWIFFCLMRPWBCDocA0IBiddmtAddenda{Oscan Co t Do SpecApp
16A 3 a
B. The Contractor shall prosecute the work with faithfulness and diligence and shall
complete the work not later than February 26,2014 for substantial completion and.
March 7,2014 for final completion after receipt of Notice to Proceed.
1.04 CONTRACTOR'S ACCP.PTANCE OF CONDITIONS
4, The Contractor hereby agrees that he has carefully exacitinedthe surface ofthe:siite
and has made srient test holes,or other subsurface investigations to fully satisfy
himself that.such site is a correct and suitable one for this work and he assumes full
responsibility therefor. The provisions of this Contract shall control any inconsistent
provisions contained in the specifications. All Drawings and Specifications have
been'reed and carefully considered by the Contractor,who understands the same and
agrees to their sufficiency for the work to be done. It is expressly agreed that under
no circumstances, conditions or Situations shall this Contract be More.strongly
construed against the Owner than against the Contractor and his Surety..
B. Any ambiguity or uncertainty in the Drawings or Specifications shall be interpreted
and construed by the Owner's Engineer and his decision shall befinal.and binding
upon all parties,
C. It is distinctly understood and agreed that the passing;approval and/or acceptance of
any part of the work or material by the Owner,his Engineer,or by any agent or
representative as in compliance with the terms of this Contract and/Or of the
Drawings,and Specifications covering said work,shall not operate as a waiver by the
Owner of strict compliance with the terms of this Contract,and/orthe Drawings and
Specifications covering said work;and the Owner may require the Contractor and/or
his surety to repair,replace,restore and/or make to comply.strictly and in all things
with this Contract and the Drawings and Specifications any and all of said work
and/or materials which within,a period of one year from and after the date of the
passing,.approval,and/or acceptance of any such work or material,are found to be
defective or to fail in any way to comply with this Contractor with the Drawings and
Specifications. This provision shall not apply to materials or equipment normally
expected to deteriorate or wear out and become subject to'normal repair and
replacement before their condition is discovered. The Contractor shall not be
required to do normal maintenance work under the guarantee provisions. Pollute on
the part of the Contractor and/or his Surety,immediately after.Notice to either,to
repair or replace any such defective materials and workmanship shall entitle the.
Owner,if it sees fit,to replace Or repair the same and recover the reasonable cost of
such replacement and/or repair from the Contractor and/or his surety,who shall in
any event be jointly and severally liable to the Owner for all damage, loss and
expense caused to the Owner by reason of the Contractor's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with the
Drawings and Specifications.
00500-2
GMRO!-SW(AFUTUARPWI CD9610Middii t-Addmdo-005-ConTantnet Doq-Speu000300-AO doe
16A 3 .,
D. There shall be no claims by Contractor for additions to the above stated.Contract
Sum,except for changes to the Work that are ordered by the Owner. Any ohange,
add or deduct,is to be authorized in writing by the Owner prior to commencement
of the work..Contractor agrees and acknowledges that there shall be no increase
to the Contract Sum for any changed or additional work performed withoutthe
Owner's express written authorization.
E. Contractor shall not make any variations;deviations or changes in the Work to be
performed by Contractor under this-Contract,including but not limited to
additions,deletions,or substitutions,nor shall Contractor perform any extra work
without the prior written authorization of Owner,it being understood that
Contractor shall•.receiive no sums in addition to;the Contract Suns without first
obtaining such prior written consent by an authorized officer of Owner. No
conduct of the parties hereto,other than in an enforceable writing executed by the
party to be bound,shall be sufficient to modify the terms and conditions of this
Contract,or form the basis of any claim by Contractor for extra work or
compensation;provided,however,That nothing contained herein shall be
construed to modify any right of Owner to eliminate any portion of the work
found not necessary for completion of the Project. All sucks authorization for
changes in Work required to be performed by Contractor under this Contract,
including performance of extra's work in addition to that required hereunder,shall
be upon such written km as shall be provided by Owner to Contractor.
F. A request by Contractor for a Change Order moist be made within forty-eight(48)
hours after Contractor should have reasonably recognized the-claim and must state
with specificity the nature and amount of the requested change in Wodc the basis
for the change,together with supporting documentation;otherwise,the request for
additional Contract Sum and time shall be deemed waived. Any items not
included in the request for Change Order will not be the basis for and cannot be
recouped later by a.subse quent request for a Change Order. It is the intent of the
parties that Change.Orders are all inclusive and exhaustive as to primary and
consequential conditions,situations and effect,and that Contractor cannot by
reservation or otherwise be entitled to a subsequent adjustment in the Contract
Sum. Any attempted reservation of rights or.similar notation or disclaimer by
Contractor shall be disregarded by Owner and shall be of no force or effect.
G. Any claim by Contractor for extension of the contract time shall be made in
writing to Owner,not more than forty-eight(48).hours from the time of the
beginning oldie occurrence causing the delay,or forty-eight(48)hours after
Contractor recognized the delay or should have reasonably recognized the delay;
otherwise the claim for extension for such delay shall be waived. In order for
such claim to be effective,the Contractor must identify with specificity the cause
of the delay and provide an estimate of the probable effect of such delay on the
progress of the Work. No extension to the contract time shall be.made for delays
00500-3
O:WROJ-ENCARFCtMRP1a6CD'dn1019iddiiK,Adde Does-SpecA00500-Artemeadoc
16A3
unless the delays are as to critical path items that Will clearly result in a delay in
the overall completion Of the Work. Any justified claim for delay made by
Contractor shall serve only to extend the contract time and shall not entitle
Contiactorto an litcrease in the Contract Sum or to seek damages from Owner..
Contractor waives and releases Owner and covenants not to sue Owner as to.any
claim including,without limitation,claims•for additional.costs,expenses,Or
:Shortages arising out of any eiittnsion of the contract time regardless of the cause.
LOS LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contact and should the
Contractor fail to complete the work within the specified time;or any authorized
extension thereof,there shall be deducted.from.the cornperendityn otherwise to be
paid to the Contractor,and the Owner will retain the amount of 5500 Dollars per
calendirday as.fixed,agreed,and liquidated damages foreach calendar day elapsing
beyond the specified time for completion;or any authorized extension thereof,which
sum.shall represent the actual.damages which the Owner will have sustained by
failure of the Contractor to'complete•the work_within the specified tithe; it being
further agreed that said sum is not a penalty,bit is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
B. For the purposes of this Article,the day of final acceptance of the work shall be
Considered a day of delay,and the scheduled dayof completion of the work shall be
considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A.. In accordance with the provisions fully sot forth in the General Conditions,and
subject to-additions and deductions as provided,the Owner shall pay the Contractor.
.a;follows:
1. Within 30 days after receipt of the Contractor's request for partial payment by
the Owner,the Owner shall make partial payments to the Contractor,on the
basis of the estimate of work as approved by the Owner's Engineer,for work
performed during the preceding calendar month,less ten percent(10%)ofthe
amount of-such estimate which is to be retained by the Owner until all work
has been performed strictly in accordance with this Agreement and until such
work has been accepted by the Owner.
2. Upon submission by the Contractor of evidence satisfactorytothe Owner that
all payrolls,material bills and other costs incurred by the Contractor in
connection with the construction of the work have been paid in dill,and also,
after all guarantees that may be required In the specifications have been
furnished and are found acceptable by the Owner,final paymenton account
00500-4
G1PRO.PEN G FIECU4RMOSCDooWlBiddioa-Addrndn.Cpy per y.S oc
1 6 A 3
of this Agreement shall be Made within sixty(60)days after completion by
the Contractor of all wort(covered by this Agreement and acceptance ofsuch
work by the Owner..
1.09 CONTRACT DOCUMENTS
The Contract Documents,attached hereto,arc as fully apart of this Contract as if herein
repeated. An enumeration of the Drawings accompanying these Contract DOcuMentS
follows:
Sheet NO. Title
1 Cover Sheet and Index otDrawings
2 General Notes
3 Aerial lave and Existing Conditions Plan
4 Site Plan
5 Grading;Paving and Drainage Plan North
6 Grading,Paving and Drainage Plan South
7 Utility Modification Plan—Campanile Circle North&Nicolo Court
8 Utility Modification Plan—Ligon-Jar Court
9 Utility Modification Plan—Campanile Chula South
10 MbdifiCetion Pla.n—tairnini Cote
Utility Detail Sheet
12 Grading;Paving and Drainage Detail Sheet
13 Erosion Control&Demolition Plan
14 Single-Family Site Plan&Zoning Data Sheet
1 of I Irrigation Water Supply Line Modifications
00500-5
0 APROJ-ENGRPOLMRP1011CDoes101 idding-Addeilda•COs-ConConvett Doaripecs100500-Amementdoe
16A3
D4 WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in•dup licate,eachofwhich shall,witl outpm ofooaccountingfottheothercounteq rt,
be deemed an.Original Contract.*'
FCC Veneta,LLC
Party.oethe Fast Part r--
Signature:.
I
Nanie snd Title' A ` ey J. .erra°, As President & CEO and not individually
1,/" (Seal).
Attest r"--
South Florida.Excavation,Inc. /
p9
Party of the Second Part **
c? C
Signa tvie:
Name and Title: LtScs.f i L. M oo..,S()If't-. C°9-65(p o a
(Seal)
Attest: G.4.114e
(*) In the event that the Contractor is a Corporation,there shall be attachedto each counterpart a
certified copy,of a resolution of the Board okOirectors of the Corporation,authorizing the
officer who signs the Contract to do so in its behalf.
(*#) Two witnesses are required When Contractor is sole ownership or partnership.
END OF SECTION
00500-6
C PRO1 fiNOWCWRIVICD=1019;ddini-Addenda-COsCoMContraet Dots-$pas100500-AutemaKdao
16A •11
EXHIBIT `A'
CONTRACTER'S BID
BID TABULATION
FOR
LAGOMAR AT FIDDLER'S CREEK
Prepared by:
GradyMinor
Q.Grady Minor&Associates,P.A.
3800 Via Del Rey
Bonita Springs,Florida 34134
(239)947-1144
January 8,2014
Mark W.Minor,P.E.
Florida Registration No.45324
GA PROJ-£NCIWCIARPOICDocsVIBidding-Mdenda-COs CoaWq Docs-SppcssPPU1 OPC Rvsd 1444.doeu
16A3
SOUTH FLORIDA.EXCAVATION,INC.
1456 RaII.Nead Blvd.,SuIEa 3
Naples,FL 34110
Tel:239.590-0111 F8z:239406.8112
Coaled rf Card edta:NOA:15051
PROPOSAL.
1/812014
TO:'O.Groat Minor end Mime.
3600'J1s Dd Ray
S6nI Sp'tn..FlorM934134
AT15 Mark Minot
Project AddhnsCreaklagam:
Phew:9471144
gad 2TI 11001 t .7OrAL Pe.
General cone/we
t.1 Mi0trlea3ay 1 LS 5 35,000.50 S 35,000.00
1.2 Su Fence
1.3 Gard Maw f4,I LP $ x.60 $ :23,600:00
1.4 Ewan Control HOPES 1 MO $ 3;512.50 $ 3,200,05 4 MO $ a,z.sti $ 3,sso.6o
subtatai.
$ 52,750.00
It Roadway
2.1 Cone Sidewalk 23 SY $ 64.35 i 1.2500
2.2 Pod 1,055 SY 3 2.46 3 2,662.75
2.3 Rands*Ramps 4 EA S 350.00' 5 1,400.00
Subtotal
$ 6,332.60
01 Siam Dn/nayi
3.1 Remove it RCP 730 LP $ 12.00 S •760.00
3.2 fa"RCP'. 1.000 L1 $ 36.00 3 55.000.00
3.3 Type C Junction Sox a EA $ 3,750.00 S 0.500.00
7.311 Type C 04th atminlet 16 a S 3,605.00 S 4690.00
3.4 clirb MW Protection 4 EA $ 150.00 $ 000.60
3.5 Fehr Sadie 20 EA 3 225.00 3 4,500.00
3.6 Gearing,CMon Up 1 LS $ 7,500.00 S 7.500.00
Subtotal
$ 143,750.80
N urinary sewer system
4.1. Nevi Wends ReMora&.n 22 EA i. 4.600.60 S 99,600.00
4.2 Modify Existing Laterals to Double
6.3 Cop Untied Moab no concrete 19 FA' S 1,250.00 f 3,750.00
4.4 Tetavalon lropsdion 1 1.8!y s 7,250.00 S 26,500.00
1 L S 3,250.00 $ 008p6
Subtotal S 134,600.00
V Storm 0ta3r1g.
5.1 Fire Hydrant Assembly 11 EA $ 4:000.00 S 44.000.00
5.2 Water Seiko Main Side 25 LA $ 1,500.00 1 31000.00
5.3 Wales SOVice across Street 4 EA $ 4,000.00 3 16,000.00
5.4 Plug Hydrant Tee 10 EA S 350.00 S 3,500.00
5.5 Plug Unused Services 33 EA S 300.00' S 2.900.00
Page 1 or 2
16A3
EXHIBIT B
January 8`,2014
To South Florida Excavation,Inc.
Ite: NOTICE OF AWARD
Lagomar at Fiddler's Creek
Dear Sits,
You are notified that your Bid Contract has been considered. You are the
apparent Successfiit BIDDER and have been awarded a Contract for the siteend.
utility construction for Lagpmaj.Fiddler's Creek:
The Contract Price of your Contract is:$517,832.80
One C11. copies of each.of the proposed Contract.Doc mue (except
Drawings)accompany the:Notice of Award. Five(5) sets of the Dravwings
will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within five(5)days of
the date of this Notice of Award.
1. You must deliver to the OWNER One CD fully executed
co interparts of the Agreement including all the Contract.Documents: Each of the
Contract Documents must bear your signature where specified,
2. (List other conditions precedents).
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid in default to annul this Notice of Award and to
declare your Bid Security forfeited.
a1PROi-£TGi FS FC LMIUM8CDoalelaiddmg-Alldeeda{ot-ColAComisct Doc-Specs Exhibit 8-Notice of Awerd.doc
16A 3
Within five(5)days after you comply with the above conditions,OWNER Will
return to you onefoilY signed eounterpattuf the Agreement With the Contract
Documents attached.
FC ,, _,
(Owner) i
Given By: :f/L..../ •
(Autho • . Si:.
Aubrey J. Ferran,. As P esident & CEO and not individually
((Printed Name and Tine)
(Date)
ACCEPTANCE OF AWARD
South Florida Excavation.Inc.
:ira ��>- ��i .
(Authorized Signature)
(Title)
1 --c\- 1N
(Date)
GAPKOJ-ENONSFCLMRPIDBCDocs101H' 1Contrut Does-S
pccs1Ex6ibit B-Notice ofAword.doc
1 6 A 3
EXHIBIT C
January 8,2014
To South Florida Excavation,Inc.
Re 7.• NOTICE TO PEOCEED
Lagomar at Fidd ler'Creek
bear Sirs,
You are notified that the Contract Times under the above contract will commence
to run on Januarv.13,2014. By that date,you are to start perfonning your
obligations under the Contract Documents.
Before you may start any Wok at the Site,paragraph.2.01.B.of the General
Conditions provides that you and Owner must each deliver to the other certificates
of insurance,which each is required to purchase orid:rnkuintain in accordance with
the Contract Documents.
Also;before you may start any Work at the Site,you must(add other requirements):
. .
F C Vene . LLC, . . .
(Ovoid') if ,
Given By: /7 .
(Authori •i Signature)
bray J, Ferrao, As P esident & CEO and not individually
(Printedhlameandlrifle)
(Date)
GAPROJ-ENGIFSFCLMRPID8CDOei101Bidding-Addende-00s-Con1Conirset Does-Soecs1Exhibit C-Notice to Proceed.doe