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Agenda 12/14/2021 Item #16A 7 (Resolution - Final Acceptance for Fronterra Phase 2 PL20170001195)16.A.7 12/14/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fronterra Phase 2, Application Number PL20170001195, 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 October 23, 2019, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Fronterra Phase 2. 2) The roadway and drainage improvements will be maintained by the Fronterra Community Development District, and Fronterra Property Owners Association, Inc. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on September 30, 2021 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 Fronterra Community Development District, and Fronterra Property Owners Association, Inc. The existing security in the amount of $263,908.91 will be released upon Board approval. The original security in the amount of $1,964,461.55 has been reduced to the current amount of $263,908.91 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated April 30, 2018. 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 Fronterra Phase 2, Application Number PL20170001195, 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. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) Packet Pg. 766 16.A.7 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doe ID: 20453 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fronterra Phase 2, Application Number PL20170001195, and authorize the release of the maintenance security. Meeting Date: 12/14/2021 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 10/22/2021 11:06 AM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 10/22/2021 11:06 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Growth Management Department Lissett DeLaRosa Growth Management Department Growth Management Development Review Brett Rosenblum Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Jaime Cook Additional Reviewer Growth Management Department Trinity Scott Transportation Growth Management Department James C French Growth Management County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Additional Reviewer Completed Completed 10/22/2021 2:54 PM Additional Reviewer Completed Completed 11/04/2021 8:58 AM Completed 11/09/2021 2:44 PM Skipped 10/25/2021 12:30 PM Completed 11/10/2021 12:47 AM Completed 11/29/2021 10:30 AM Completed 11/29/2021 10:43 AM Completed 11/29/2021 2:15 PM Completed 11/30/2021 9:26 AM Completed 12/02/2021 10:42 AM 12/14/2021 9:00 AM Packet Pg. 767 16.A.7.a FRONTERRA PHASE 2 LOCATION MAP Packet Pg. 768 16.A.7. b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of April / / 20 18 between CCC Fronterra, 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: F-nterra Phase z 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: Developer will cause to be constructed: Roadways, storm drainage and utility infrastructure. within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 1,964,461.55 - 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. Packet Pg. 769 16.A.7.b 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ' c -` `' day of / 1 / / 12018 SIGNED IN THE PRESENCE OF: (Name of Entity) CCC Fronterra, LLC By. Printed Name �� is l I C� Brian Gog en, Vice President r 1 Printed Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK a BOARD OF C NT OMMIS OF COLLI COWftY, y u Clerk In t dS t0 ' 8ifI118�1'S y ,� ; G (nq App oved to form a***v ron11y. Assistant County Attorney Packet Pg. 770 16.A.7. b Exhibit "A" PERFORMANCE BOND No. 106819619 KNOW ALL PERSONS BY THESE PRESENTS: that CCC Fronterra, LLC 2020 Salzedo Street, Suite 200 Coral Gables, Florida 33134 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT 06813 (800)873-1477 (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 nine hundred sixty-four thousand four hundred sixty-one dollars and 55 cents ($1,964,461.55) in lawful money of the United States, payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Fronterra Phase 2 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Pg. 771 16.A.7.b IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 30th day of April, 2018. WITNESSES: r r Printed Name �r J Cy 0" Printed Name STATE OF FLORIDA COUNTY OF COLLIER CCC Fron_terra, LLC By: Brian Goguen, Viclp President Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS., DAY OF AeM BY Brian Goguen the Vice President OF CCC Fronterra, LLC WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Florida Printed Name WITNESSES: 1 l Printed Name: Robin "Griffin � Printed Name: Emily Strassel STATE OF Florida COUNTY OF Collier ............ KIMD DAVIDSCN \; s ° Notary Publ,c - Stale of Rorda •;1:- Commission #GG154782 (SEAL) M Comm. Ex Ares Feb 19, 2022 Baled Iftugh Naliome NoaryAssn Trav k�rs Casualty and Surety Company of America By: Charity A. Moser, Attorney -In -Fact (Provide Proper Evidence of Authority) ACKNOWLEDGMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 30" DAY OF April, 2018, BY Charity A. Moser AS Attorney -In -Fact OF Travelers Casualty and Surety Company of America WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. o ary P lbtic -State of Florida /j Printed Name: Kristin Neiert SEAL KRISTIN M. NEIERT MY COMMISSION # GG 079764 EXPIRES: May 5, 2021 Bonded Thru Notary Public underwriters •• i IOF FAO . Packet Pg. 772 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16.A.7.b POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229466 Certificate No. 007003366 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint N Huntley A. Hornbeck 11. Kristin M. Neiert, Marc E. Williams. Stephen J. Benza, Charity A. Moser, and Dawn Y. Colecchio of the City of Naples , State of _Florida ,their true and lawful Attorncy(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 5th day of October 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company C�5 V.1� f10.E�6"b,. ��µ .kSU .pt ,�N $u.V`•.., T (Y �ry0 yCSUNFI� F.U�Y'�!'O 3t' b" c+ � �09POtaTEb � � �, •:T, i<w:�oHFOOA rE:__r>. � .ir t-E z > T n. CONS. n CONN. 2 N 1896 �SF.AL:io� �•.SSAL:'r- o W - W a � > * `*,,,...,, !S . A� \ .tr ..';'.. r•N/ 1 .a� i . �� '�7'1 Attu State of Connecticut City of Hartford ss. By <1 Robert L. Raney. Senior Vice President On this the 5th day of October 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. j0il6UG * Marie C. Tetreault. Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVA!.ID WITHOUT THE BED BORDER Packet Pg. 773 BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, which resolutions arc now in full force and effect, reading as follows: RESOLVED, that the Chairman. the President. any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance. contract of indemnity. or writing obligatory in the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is .-. N FURTHER RESOLVED. that the signature of each of the following officers: President, any Executive Vice President. any Senior Vice President, any Vice President. tv any Assistant Vice President. any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Posner of Attorney or to any � a certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing Such facsimile signature or facsimile seal i shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. p L LL I, Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty insurance ' Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and U Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing tv is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. Q. tv v f� v IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this. y day of _, 20 LL In Kevin E. Hughes. Assistant Sectary v onsu� tY7Uw.� ,•••Fc,d'M*. r *� .•{�� IYANo va' �tiYANa y�,p ♦ °'.a°°�i {� rrw�,.o q/{,q+ fT /�iaRaan,�� �} )•Qc.`�,:'. ...it+`• S C1 a 7ri ill..`^'.�ntktrii i„ y. ft ! �: Ci 7 W : GCRPOk4 �.: 1^ � 1 9 8 2C 0 � 19%7 •� � i `• m , a d _._ r- s nnRTFORD,J aqiFOF�.I 7` � r•�'� t - ` �:. i n j J �o i w CONK. n i, CONY. ' 4 N b�• ra � � � 1951 � ,��� �.SF:/t,t..o• o:SBALia3 � �/.i T•tN ...A c.�^`� vwN. Ay✓ °g'_:..:1•", i F� ° E\`�i rT` �Aiti Atli To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Packet Pg. 774 16.A.7.b Project: Task: Prepared By: Checked By: PHASE 2 Fronterra PPL - PH2 Engineer's OPC for Subdivision Fee Calculation (Rev02) LMB Date: 3/23/2017 DJH Date: 3/23/2017 CONTINGENCY Calculation Summary SUB -TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 1,02Z009.00 5% $ 51,100.45 $ 1,073,109.45 PAVING $ 174,076.70 5% $ 8,703.84 $ 182,780.54 DRAINAGE $ 131,412.30 5% $ 6,570.62 $ 137,982.92 POTABLE WATER $ 92,967.00 5% $ 4,648.35 $ 97,615.35 m SANITARY SEWER $ 161,867.50 5% $ 8,093.38 $ 169,960.88 t IRRIGATION $ 48,000.00 5% $ 2,400.00 $ 50,400.00 LIGHTING $ 50,000.00 5% $ 2,500.00 $ 52,500.00 m LANDSCAPING $ 20,500.00 5% $ 1,025.00 $ 21,525.00 .r 0 L Total Probable Construction Cost: $ 1,700,832.50 5% $ 85,041.63 $ 1,785,874.14 LL (D v Paving, Drainage and Site THIS ITEM HAS BEEN ELECTRONICALLY SIGNED AND r SEALED BY DAVID 1 HURST, P.E. ON 03/31/17 100% Construction Cost: $ 1,518,297.91 y USING A SHA-1 AUTHENTICATION CODE. v PRINTED COPIES OF THIS DOCUMENT ARE NOT Water and Sewer Q CONSIDERED SIGNED AND SEALED AND THE SHA-1 100% Construction Cost: $ 267,576.23 C AUTHENTICATION CODE MUST BE VERIFIED ON jy ANY ELECTRONIC COPIES Estimated 110% Bond Amount $ 1,964,461.55 M LO NOTES: 0 N 1) This Opinion of Probable Cost shall be used for Review Fee Calculations Purooses Only. N .N 2) This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules, regulations, ordinances, and construction costs in m effect on the date of this document. Interpretations of these construction costs may affect this Opinion of Probable Cost, and may require adjustments to 'a delete, decrease, or increase portions of this Opinion of Probable Cost. p m 3) All costs provided in this OPC are based on recent contract prices, or the Engineers' 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. t 4) This cost estimate does not include the cost of an buildingconstruction. y Digitally signed by Davi v David J. J.Hurst, P.E. r 5) This cost estimate assumes dry utilities (LCEC, cable, telephone) will be installed at no -cost to the developer. DN: cn=David J. Hurst, F Q H U Y {� S P E., o=Peninsula Engineering, ou, 6) Due to the preliminary nature of the project, this cost estimate includes a 5% contingency in each section. 1 l email=Dhurst@barrono 7) Review Fees for lake excavation provided in separate Review Fee, with the lake excavation permit. E. Ilier.com, c=US Date: 2017.03.31 15:15:14-04'00' David J. Hurst, P.E. FL Registration #60727 Peninsula Engineering Certificate of Authorization #28275 P:\Active_Projects\P-BCN I-002\002_EastGateway_PPL\Design_PArofieOPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 775 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 EARTHWORK ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE EW-1 CLEARING 9.50 AC $ 3,000.00 $ 28,500.00 EW-2 EMBANKMENT - IMPORT FILL 90,319 CY $ 11.00 $ 993,509.00 EW-3 SILT FENCE ACCOUNTED FOR IN PHASE 1 0 LF $ 2.00 $ - $ 5 - SUB -TOTAL EARTHWORK= $ 1,021,009.00 5%CONTINGENCY= $ 51,100.45 TOTALEARTHWORK= $ 1,073,109.45 P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_P@rR VPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 776 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 PAVING ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE PAV-1 3/4" ASPHALTIC CONCRETE TYPE S-III FIRST LIFT 4,004 SY $ 4.95 $ 19,819.80 PAV-2 3/4" ASPHALTIC CONCRETE TYPE S-III SECOND LIFT 4,004 SY $ 4.95 $ 19,819.80 PAV-3 8" LIMEROCK BASE 4,971 SY $ 6.50 $ 32,311.50 PAV-4 12" STABILIZED SUBGRADE 5,164 SY $ 1.55 $ 8,004.20 PAV-5 2' VALLEY GUTTER 3,517 LF $ 7.95 $ 27,960.15 PAV-6 CONCRETE SIDEWALK 17,067 SF $ 3.75 $ 64,001.25 PAV-7 BLUE -BLUE REFLECTORS 4 EA $ 15.00 $ 60.00 PAV-8 SIGNING AND STRIPING 1 LS $ 1,500.00 $ 1,500.00 PAV-9 ADA CURB RAMP 2 EA $ 300.00 $ 600.00 SUB -TOTAL PAVING = $ 5% CONTINGENCY = $ TOTAL PAVING = $ 174,076.70 8,703.84 182,780.54 P:\Active_Projects\P-BCN I-002\002_EastGateway_PPL\Design_P(giotyDPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 777 16.A.7.b Project: Task: Prepared By: Checked By: DRAINAGE Fronterra PPL - PH2 Engineer's OPC for Subdivision Fee Calculation (Rev02) LMB Date: 3/23/2017 DJH Date: 3/23/2017 ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE DRA-1 10" PVC SECONDARY DRAINAGE LINES 1,242 LF $ 19.00 $ 23,598.00 DRA-2 15" RCP STORM SEWER 264 LF $ 22.20 $ 5,860.80 DRA-3 24" RCP STORM SEWER 327 LF $ 38.10 $ 12,458.70 DRA-4 30" RCP STORM SEWER 108 LF $ 55.10 $ 5,950.80 DRA-5 36" RCP STORM SEWER 194 LF $ 82.00 $ 15,908.00 DRA-6 YARD DRAIN 32 EA $ 1,030.00 $ 32,960.00 DRA-7 DITCH BOTTOM INLET (TYPE D) 2 EA $ 2,750.00 $ 5,500.00 DRA-8 VALLEY GUTTER INLET (DOUBLE) 6 EA $ 3,546.00 $ 21,276.00 DRA-9 24" FLARED END 21 EA $ 2,500.00 $ 5,000.00 DRA-10 36" FLARED END 11 EA $ 2,900.00 $ 2,900.00 SUB -TOTAL DRAINAGE = $ 5% CONTINGENCY = $ TOTAL DRAINAGE = $ P:\Active_Projects\P-BC N I-002\002_EastGateway_PPL\Desig n_Perm it\O PCs\2017-03-14-Rev02\F ronterra- FeeCalc Ph2 Rev02 4 of 9 131,412.30 6,570.62 137,982.92 Packet Pg. 778 16.A.7.b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 POTABLE WATER ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE WAT-1 6" PVC WATER MAIN (C900, DR-18) 1,602 LF $ 13.00 $ 20,826.00 WAT-2 6" GATE VALVE 5 EA $ 1,000.00 $ 5,000.00 WAT-3 8" PVC WATER MAIN (C900, DR-14) 54 LF $ 18.00 $ 972.00 WAT-4 8" PVC WATER MAIN (C900, DR-18) 230 LF $ 15.80 $ 3,634.00 WAT-5 8" GATE VALVE 1 EA $ 1,286.00 $ 1,286.00 WAT-6 FIRE HYDRANT ASSEMBLY (COMPLETE)* 4 EA $ 3,500.00 $ 14,000.00 WAT-7 1" SINGLE SERVICE (SHORT SIDE) (COMPLETE) 7 EA $ 575.00 $ 4,025.00 WAT-8 1" SINGLE SERVICE (LONG SIDE) (COMPLETE) 2 EA $ 799.00 $ 1,598.00 WAT-9 1-1/2" DOUBLE SERVICE (SHORT SIDE) (COMPLETE) 15 EA $ 969.00 $ 14,535.00 WAT-10 1-1/2" DOUBLE SERVICE (LONG SIDE) (COMPLETE) 20 EA $ 1,250.00 $ 25,000.00 WAT-11 TEMPORARY BACTERIAL SAMPLE POINT 1 EA $ 175.00 $ 175.00 WAT-12 PERMANENT BACTERIAL SAMPLE POINT 1 EA $ 1,916.00 $ 1,916.00 * Fire Hydrant Assembly (Complete) includes gate valve at hydrant. SUB -TOTAL POTABLE WATER = $ 92,967.00 5%CONTINGENCY= $ 4,648.35 TOTAL POTABLE WATER = $ 97, 615.35 P: Wctive_Projects\P-BCNI-002\002_EastGateway_PPL\Design_P(UWlt)DPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 779 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/2312017 Checked By: DJH Date: 3/23/2017 SANITARY SEWER ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE SAN-1 8" PVC GRAVITY SEWER MAIN 6'-8' CUT 313 LF $ 35.00 $ 10,955.00 SAN-2 8" PVC GRAVITY SEWER MAIN 8'-10' CUT 680 LF $ 40.00 $ 27,200.00 SAN-3 8" PVC GRAVITY SEWER MAIN 10'-12' CUT 313 LF $ 45.00 $ 14,085.00 SAN-4 8" PVC GRAVITY SEWER MAIN 12'-14' CUT 353 LF $ 50.00 $ 17,650.00 SAN-5 4' SANITARY SEWER MANHOLE 8'-10' CUT 4 EA $ 5,500.00 $ 22,000.00 SAN-6 4' SANITARY SEWER MANHOLE 10'-12' CUT 1 EA $ 7,050.00 $ 7,050.00 SAN-7 4' SANITARY SEWER MANHOLE 12'-14' CUT 2 EA $ 9,000.00 $ 18,000.00 SAN-8 6" SERVICE LATERAL SINGLE 8 EA $ 824.00 $ 6,592.00 SAN-9 6" SERVICE LATERAL DOUBLE 36 EA $ 908.00 $ 32,688.00 SAN-10 TELEVISION INSPECTION 1,659 LF $ 2.50 $ 4,147.50 SAN-11 ITESTING 1 LS $ 1,500.00 $ 1,500.00 SUB -TOTAL SANITARY SEWER = $ 5% CONTINGENCY $ TOTAL SANITARY SEWER = $ 161,86750 8,093.38 169,960.88 P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_P(UWI WPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 780 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 IRRIGATION ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE IRR-1 IRRIGATION PRIMARY ALLOWANCE 1 EA $ 30,000.00 $ 30,000.00 IRR-2 IRRIGATION SECONDARY ALLOWANCE 1 EA $ 18,000.00 $ 18,000.00 $ 48,000.00 5%CONTINGENCY= $ 2,400.00 TOTAL IRRIGATION = $ 50,400.00 P:\Active_Projects\P-BC N I-002\002_EastGateway_PPL\Design_PqrotgDPCs\2017-03-14-Rev02\Fronte rra-FeeCa Ic_Ph2_Rev02 Packet Pg. 781 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02 Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 LIGHTING ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE LL-1 SITE LIGHTING (ALLOWANCE) 1 LS $ 50,000.00 $ 50,000.00 $ $ 5 SUB -TOTAL LIGHTING = $ 50,000.00 5% CONTINGENCY = $ 2,500.00 TOTAL LIGHTING= $ 52,500.00 P:\Active_Projects\P-BCNI-002\002_EastGateway_PPL\Design_P"VPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 782 16.A.7. b Project: Fronterra PPL - PH2 Task: Engineer's OPC for Subdivision Fee Calculation (Rev02) Prepared By: LMB Date: 3/23/2017 Checked By: DJH Date: 3/23/2017 LANDSCAPING ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE LA-1 LANDSCAPING ALLOWANCE 1 LS $ 20,500.00 $ 20,500.00 5 - SUB -TOTAL LANDSCAPING = $ 20,500.00 5%CONTINGENCY= $ 1,025.00 TOTAL LANDSCAPING = $ 21,525.00 P:\Active_Projects\P-BCN I-002\002_EastGateway_PPL\Design_P(WOVPCs\2017-03-14-Rev02\Fronterra-FeeCalc_Ph2_Rev02 Packet Pg. 783 16.A.7.b Coo Ter C 01474ty Growth Management Depadment Development Review Division January 28, 2020 Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT. 06813 Re: Bond No. 106819619 / CCC Fronterra, LLC. Fronterra Phase 2 PL20170001195 Dear Sir or ]Madam: Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $ l ,700,552.64 leaving an available security of $263,908.91. The remaining balance represents $178,587.41 as the maintenance security, plus $85,321.50 in uncompleted improvements. An original Bond Rider reducing the value of the surety should be directed to this office, "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, JOAM uog4edswortti John R. Houldsworth Senior Site Plans Reviewer With authority in these matters xc: Clerk to the Board Peninsula Engineering Derq1nWeM Review D mw • 2800 North �l� Dane • NJes, Fbab 34104.239-252-2400 • wwv od+emr V gm Packet Pg. 784 16.A.7.b AA► TRAVELERSJ License No. N/A RIDER To be attached to and form part of Bond No. 106819619 Issued on behalf of _CCC Fronterra, LLC_ as Principal, and in favor of Collier County, FL as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: ❑X 3. The Surety hereby gives its consent to change the Reducing the value of surety from: _$1,964,461.55 to: $263,908.91 This rider shall become effective as of _February 1, 2020 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated May 7, 2020 Travelers Casualty and Surety Company of America By: �%ce� P�U4' Nicole Paneque Attorney -in -Fact Accepted: or Tq—V,. Obligee Collier County, FL Priiincipal CC Fro !X 1-1) \ By: By: !fir 1 c�..r� Cu F f V k -.e _I VAS Ju . S-4111 (8/66) N N N R s a 0 L L m c 0 Li a� c c� a m Q c ii M LO v 0 .y R m c 0 m a� s U 2 Q Packet Pg. 785 16.A.7. b Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J SL Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint NICOLE M PANEQUE of NAPLES Florida I their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 171th day of January, 2019, V 0 S" - HARTFOM h It cowk coca . State of Connecticut City of Hartford ss By: Robert L. Rane . enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney. who acknowtedged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer r^ p i101 IN WITNESS WHEREOF, I hereunto set my hand and official seal. •'' �''� i HQiPR+f My Commission expires the 30th day of June, 2021 • '�" #j L4 / Z46�,C/ Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of Amenca, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fried in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes. the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 7th day of May 1 2020 cow.. S �r Kevin E. Hughes, Assi—stant Secretary To verify the authenticity of this Power ofA[torney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attomey is attached. t Q Packet Pg. 786 16.A.7. b N I. N I N S l' L 7 Project: ENGINEERING Task: Prepared By: Checked By: Purpose fronterra Phase 2 Bond Reduction Calculation Worksheet KD Date: 1/24/2020 Date: Calculate the amount of allowable bond reduction (and amount of bond to remain) based on current level of completion of the required subdivision and utility improvements. Givew. 1) Phase 2 subdivition improvements are completed, and Preliminary Acceptance granted. 2) Per the approved PPL, required street trees and sidewalks are being constructed by the homebuilder, on a lot -by -lot basis. Therefore the 100% bond amount will be left in -place for street trees and sidewalks, until that work is completed. Calculations: Original Bond Summary Engineer's OPC Amount - 100% Construction Bond: 5 1,785,874.14 Engineer's OPC Amount - 10% Maintenance Bond: $ 178,587.41 "—ot-aT'gonTX7ount-. ;3Sf55- 100%Construction Bond Completed Amount/Bond Reduction Evaluation Construction Item Bond Amount Completed Amount Reduced Bond Amount 1,073,109.4E 1,073,109.45 Paving $ 182,780.54 5 97,459.04 5 85,321.50 Drainage $ 137,982.92 5 137,982.92 $ - Potable Water $ 97,615.35 $ 97,615.35 $ Sanitary Sewer $ 169,960.88 $ 169,960.88 $ Irrigation $ 50,400.00 $ 50,400.00 5 Lighting $ 52,500.00 $ 52,500.00 $ Landscape $ 21,525.00 5 21,525.00 > o�ta s85 $7�3� 7i5b;55? �P�5;3ZT SII' Summary Original 100% Bond Amount $ 1,785,874.14 Reduction Amount $ 1,700,552.64 3 §� 10% Maintenance Bond Original Bond Amount $ 178,587.41 Reduction Amount $ 10% Maintenance Bond Amount Remaining $ 178,587.41 Total Bond Summary Original Total Bond Amount $ 1,964,461.55 Reduction Amount $ 1,700,552.64 New Total Bond Amount Remaining $ 263,908.91 Digitally signed by David J Hum DN: ROUE, PENINSULA David IMPROVEMENT CORPORATION DBA PENINSULA ENGINEERING, J Hurst 7090000476D,Acn=Daviid J HE18 Date: 2020.01.24 11:46:34 -05'00' Packet Pg. 787 16.A.7.c RESOLUTION NO.21- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FRONTERRA PHASE 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 64, PAGES 24 THROUGH 25, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 26, 2017, approved the plat of Fronterra Phase 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY N COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is r_ hereby granted for those roadway and drainage improvements in Fronterra Phase 2, 2 pursuant to the plat thereof recorded in Plat Book 64, pages 24 through 25, and the Clerk c is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Fronterra Phase 2 will be maintained privately in the future and will not be the responsibility of Collier County. a [Space Intentionally Left Blank] [16-EIS-03372/1672912/11 Page 1 of 2 Packet Pg. 788 16.A.7.c This Resolution adopted after motion, second and majority vote favoring same, this day of , 2021. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK am Deputy Clerk Approved as to form and legality: Derek D. 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