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Backup Documents 02/11/2014 Item #16A3 ORITGINAL DOCUMENTS CHECKLIST & ACCOMPANY ORIGINAL ENT SE SENT TO , O 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.t/Pi 4. BCC Office Board of County Commissioners \c 1 t `�� 1,(-- 5. Minutes and Records Clerk of Court's Office L�2� (U 12 'o(pn, 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 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 SIC 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 SiIt TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOAL 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 g\,) y l It / I`{ 4. BCC Office Board of County Commissioners \r\\(/\i 4\AA 5. Minutes and Records Clerk of Court's Office • `gym Li /z1IN l2_0lf� 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 sf 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 t 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 N "" day of / / , 20 ' ' 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 Fiddlers 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: 1AL IKSALtN0.6as x,AWOL MVO 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{I 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 rif By:Aubro .Ferrao Print • Name c'SeTl t yro ()C11-1'4. Printed Na a/Title President and CEO arid not individually (President,VP, or C r O) �t (Provide Proper Evidence of Authority) Printed Name , toil ,-4), /( e` ATTEST:I.54r I two eizi ti9Cj11 Cr� t ' DWIGHT E.BROCK, CLERK ; BOARD ' CO TY COMMISSIONERS OF CO R %f' NTY, FLORIDA By: ENI ., TW "rAL...; - . ��'i'/ Deputy Clerk �' . b a r � •Tive hairman'S -• - Ap roved as o form and I: t .re only. TOM HENNING, CHAIRMAN 5�. - A• grll� 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 Five Hundred Sixty Nine Thousand Six Hundred Sixteen and 08/100 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 Fiddler's 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 V.7+.gaB 'A' ,. • 16A 3 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: (Owner N. - and Title if Corpora••n) FCC Veneta, LLC I oil f 1 By: ,1 ,,, � 1 Aubr-y J. Ferrao, As President & CEO and Pri fed Name Printed Name/Title not individually I�/ (Prov'.e Proper Evidence o Authority) Westchester Fire Insurance _4 y...,/.L.; I SAt / Com•an Printed Name D- z-z a bynt�a Farrell, Attorney-in-fact and FL Non Resident Agent License #E166034 / ACKNOWLEDGEMENT STATE OF ELeo-1�s'�vC� COUNTY OF e.,4— l,t-t^t THE FOREGOING PERFORMANCE BOND WAS ACKNOW E t ED BEFORE ME THIS DAY OF �4 , 20 14- , by b(�tlf reA4a-0 (NAME OF ACKNO LEDGER AS(5')• 4r-CEb (TITLE) OF Z- Ue ti /LC-- (NAME OF COMPANY) WHO IS LLY KNOW ME, OR HAS PRODUCED 1 AS IDENTIFICATION. �' Notary Public—State of r,69,-y. k"-- (SEAL) „,,..,..N/8,„, JOSEPH LMOPARISI. * t_, * MY COMMISSION II EE 000484 it Jo ` • u; EXPIRES:August 19,2014 �� N''F nc �c° tyorded Tirru Budget Notary ServiEAa Printed N ACKNOWLEDGEMENT BY SURETY STATE •• 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 M , OR HAS PRODUCED A IDENTIFICATION Notary 1�ublic - State of New York (SEAL) Evangelina L. Dominick 1 EVA1GELINAL.00MINICK NON,/Public -State of New Yolk NO 01D04769474 Qualified in Westchester county My Commisson Expires /3T�:Crif- I ITT■—-w- ,,-�T — — • 14 3 . Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 1 I,2006,to wit. 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds.undenaktnga,recognizances.contracts and other written commitments of the Company entered into the ordinary course of business leech a"Written Commitment.'): (I)' Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attomey,itn-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact (3) Each of the chairman,the President and the Vlee Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-fact of the Company with full power and authority to execute.for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified us such written appointment,which specification may be by general type or etas;of Written Conmdtments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized.for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments (3) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,may be affixed by facsimile on such Written Comnutmont or written appointment or delegation. FURTHER RESOLVED.that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authonty of officers.employees and other persons to act for and on behalf of the Company,and sock Resolution shall not Imat or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate,constitute and appoint Annette M Leuschner,Cynthia Farrell,Debra A Deming,Evangeline L Dominick,Jessica lannotta,Kelly O'Malley, Sandra Diaz,Thomas Rhatigan,Valorie 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 attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Ten million dollars&zero cents($10,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 13 day of December 2013. WESTCHESTER FIRE INSURANCE COMPANY Sutphen M.Haney,Vice Presidtart COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHII-ADELPIIIA ss. On this 13 day of December,AD.2013 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. tA!"ti. t.4 3 i^�cl+.fi CWaePtt3M�(J,Mar h iv vANt* j t , 17r ' NOW 4M,$EM. "1 i th s 2. KAREN E.IR NOT,MoIsqo o k e.1.►1I,A N � Nernr H.atu U i , I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. V4 t LL In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed •the corporate seal of the Corporation,this-this 7 ( ", 0 0 ty • Wi31:am L.Kathy,AisfaW oc etery TIIIS POWER OF ATTORNEY MAY NOT BE USED'FO EXECUTE ANY BOND WITH AN INCEPTION DA'Z'E AFTER December 13,2015. z THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • 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 beforenjthis ` jet"�('�L.` k . y=. , :� , r,i Vic President Notary Public ') My commission expires COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane Wright,Notary Public City of Philadelphia,Pnlladeiphia County My Commission Expires Aug.8;2015 MEMBER PENNSYOvwill.hSrsOCIAl1ON Of NOTARIES 16A. 3 SOUTH FLORIDA EXCAVATION, INC. 1455 Rail Head Blvd.,Suite 3 Naples;FL 34110 Tel:239-596-8111 Fax:239-596-8112- CerlfiedExcavation Contractor'NBR?19051 PROPOSAL 1/9/2014 TO:Q.Grady Minor and Assoc. 3800 Via Del Rey Bonita Springs,Florida 34134 ATT:Mark Minor Project Fiddlers Creek-Lagomar PhOne:947=1144 • D 1!! .,Q7 UNIT UNIT PRICE TOTAL PRICE 5.6 Tasting,Ctdorinatkin'+Sample Point 1 LS S 8,600.00' S 8,600.00 5.7 Temp Water for Construction 1 •LS 5 4,500.00. $ 4;500.00 Subtotal • 125,500.00 VI Street tights Relocation' 6.1 Relocate Street Lights 5 E4 S 2,000.00 S 10,00000 Subtotal .$ 96,000.00. VII Jrrigaton Main Services 7.1 Cut 1N 8'x.4'Tee 6 EA S 1,500.00 S 9,000.00 72 Cut IN li,x.4`Tee 2. FJ1 $ 1,500.00 S 3,000.00 7.3 4"Gat4Velvets 8 EA S 1,500.00 3 12,000.00 7.4 4"HOPE.Pipe 80'with Adaptor and cap 8 EA 5 1,500.00 S 12,000.00 Subtotal $ 38,000.00 A Q TOTAL BID S •$17,832 86 $ 410 f 7.,611o.OV All material Is gUarenteed to be;e5 spectffad,end fivesbove work to be performed In Recordings With thedrawlnes-and •specilcations submitted for above work and completed Ina substandil workmanlike manner for the sum of(5 000,000.00 .dollars with payments to be made as follows As work prOgressse,request payment on 25th and Payment an 15th. Respectfully submitted: -SOUTH FLORIDA EXCAVATION,INC. Myattetagon or devla80t1 from above apelOcaJona kivdv6q axle oats.WI be executed upon written order.,and vat bemme en extrachmye over the est nete,Al agreements contingent upon cane,accidents or delays beyond ourmmrot Owner to carry ere,maids and other necessary Insurance upon above walk Workert.Compensaaon end public aoblaly Ineiaance on above woes lobe taken out by:SOUTH FLORIDA EXCAVATION Note:The proposal may be wletdrawn by us If not accepted within 30 days. Acceptance of Proposal The above prices,specifications and conditions are setIsfactory and are hereby acceplcd You am authorized to do the work as specified.Payment will be made as outined above. Signature' Data Signature Page 2 of 2 16A3 SECTION 00500 AGREEMENT THIS AGREEMENT,made and entered into this gth day of January,2014,A.D.,by and between FCC Veneta,LLC,party of the first part(hereinafter sometimes called the"Owner"),and South Florida Excavation, Inc., party of the second part (hereinafter sometimes: called the "Contractor"). WITNESSETH: That the parties hereto,for the consideration hereinafter set forth,mutually 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 ofthe work shown on the Drawings and described in the Specification entitled: Lagomar at Fiddler's Creek Construction Plans and Single Family Site Plans Dated June 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 shall 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 faithful performance of the 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 submitted to the Owner by the Contractor,a copy of said Proposal being a part of these Contract Documents,the aggregate amount of this Contract is the sum of 5517,832.80 (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 GAPROJ.ENGTTCLMRP108CDocs10I Bidding-Addenda-COs-Corr\Contract Docs-Specs100500-Agicemcnidoc 16A 3 4 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 ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the surface of the site and has made sufficient 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 read 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 be final 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 Contract or 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. Failure 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 C:WR01-ENGT1FCLMRP106CDoiAGIBidding-Addenda-COs-CorrlCantract Doa-Specs100500-Agree,,,doe 1 6A 3 r 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 change, 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".receive no sums in addition to the Contract Sum 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 such authorization for changes in Work required to be performed.by Contractor under this Contract, including performance of extra work in addition to that required hereunder,shall be upon such written form.as shall be provided by Owner to Contractor. F. A request by Contractor for a Change Order must 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 Work,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 subsequent 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 of the 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 G:\PROJ-ENG\FaCLMRP108CDacs10 I Bidding-Addenda-Cos-CorAConuect Docs-Specs100500-Agreementdoc 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 Contractor to an increase 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 damages arising out of any extension of the contract time regardless of the cause. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time,or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor,and the Owner will retain the amount of$500_Dollars per calendar day as fixed,agreed,and liquidated damages for each 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 time; it being further agreed that said sum is not a penalty,but 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 day of 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 set forth in the General Conditions, and subject to additions and deductions as provided,the Owner shall pay the Contractor. as 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%)of the 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 satisfactory to the 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 full,and also, after all guarantees that may be required in the specifications have been furnished and are found acceptable by the Owner,final payment on account 00500-4 G:\PROJ-ENG\R CLMRP108CDocs\01 Bidding-Addendo•COS-Corr\Contract Docs-Specs100S00-Agreement-doc 16A 31 of this Agreement shall be made within sixty(60)days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner.. 1.01 CONTRACT DOCUMENTS The Contract Documents,attached hereto, are as fully a part of this.Contract as if herein repeated. An enumeration of the Drawings accompanying these Contract Documents follows: Sheet No. Title Coyer Sheet and Index of Drawings 2 General Notes 3 Aerial Image 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—Camponile Circle North&Nicol©Court 8 Utility Modification Plan—.Lagomar Court 9 Utility Modification Plan-Campanile Circle South 10 Utility Modification Plan—..Carmini Court 1.1 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 1 Irrigation Water Supply Line Modifications 00500-5 G:IPROI-ENG1FIPCLMRP1a8CDocs10I Bidding-Addenda-COs-Carr\Coniract Docs-Spccs100S00-Agteementdot 16A3 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in duplicate,each of which shall,without proof or accounting for the other counterpart,. be deemed an original Contract.* FCC Veneta,LLC Party of the First Part 1.---- Signature: (L Name and Title: A , ey J. -err ao, As President & CEO and not individually �� (Seal): 9 Attest b`E/.�'— dr South Florida Excavation,Inc. Party of the Second Part ** /..--:2 .car.,, Signature: ,f ,_ (1.. Name and Title: e.lti5S ./L 0\Qt..e_so1\ P S(YJ-o�; _j (Seal) G--t1 n Attest: - j* it *) In the event that the Contractor is a Corporation,there shall be attached to each counterpart a certified copy of a resolution of the Board of Directors 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:\PROJ-ENG\FIFCLMRP\08CDocs101 Bidding-Addenda-COs-ConiConuaU Docs-S'pcc5\00500-Agfeementdoc 16A 3 ' EXHIBIT`A' CONTRACTER'S BID BID TABULATION FOR LAGOMAR AT FIDDLER'S CREEK Prepared by: !u"1 Grady Minor 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 G:1PRO7-ETtOWCLMRP1 08CDas\01Bidding-Addenda-COs-Corr\Contract Docs-Sp cs1PPLA OPC Rvsd 1-8-14.docx 16A3 SOUTH FLORIDA EXCAVATION, INC. 1455 Rail.Head Blvd.,Suite 3 Naples,FL 34110 Tel:239-596$1.11 Fax:239-596-8112 Certified Excavation Contractor NOR:19051 PRO:POSAL_. 1/8/2014 TO Q Grady Mawr and Assoc: 3800Yre.Del Rey Bonita Springs,Florida 34134 ATT: Marie Minor Project:Fiddlerg_Creek-Legumar Phone:947-1144 ITEM calf UNIT UNITPRtCC TOTAL',mg I Genera/Conditions 1.1 Mobtrali0n 1 LS $ 35,000.00 S 35,000.05 1.2 Silt Fence 14,000 LP S 1.50 S .21,000.00, 1.3 General Maint 1 LS S 3,500.00 $ 3,500.00 1.4 Erosin Control NOPES 4 MO 5 912.50 5 3,250.00 Subtotal. $ 62,750.00 II Roadway 2.1 Conc.Sidewalk 23 SY $ 54.35 S 1,250.175 2.2 Sod 1,095 SY 9 2.45 S 2,682.75 2.3 Handicap Ramps 4 EA S 350.00 $ 1,400.00 Subtotal S 5,332.80 ill Stan,,Drainage • 3,1 Remove 18"RCP 730 LF $ 12.00 $ 8,760.00 3.2 18"RCP- 1,000 LP S 35.00 $ 35,000.00 3:3 Type C Junction Box 6 EA $ 3,750.00 5 22,500.00 3.3A Type C Ditch Blm inlet 18 EA S 3,605.00 $ 54,890.00 3.4 Curb Inlet Protection 4 CA S 150.00 S 600.00 3.5 Filter Sacks 20 EA S 225.00 9 4,500.00 3.6 Grading,Clean Up 1 LS S 7,500.00 $ 7,500.00 Subtotal $ 143,750.50 IV Sanitary.Sewer System 4.1 Now Laterals Restoration 22 EA 5 4,500,00 9 99,000.00 4.2 Modify Existing Laterals to Double 3 EA 5 1,250.00 S 3,75600 4.3 Cap Unsed laterals no concrete 19 EA S 1,500.00 9 28,500.00 4.4 Televsiion inspection 1 LS S 3,250.00 9 3,250.00 Subtotal $ 134,500,0D V Storm Drainage 5.1 Fire Hydrant Assembly 11 EA $ 4,000.00 $ 44,000.00 5.2 Water Sevice Main Side 26 EA 5 1,500.00 S 39,000.00 5.3 Wafer Sevice across Street 4 EA $ 4,00000 9 16,000.00 5,4 Plug Hydrant Tee 10 EA S 350.00 S 3,500.00 5.5 Plug Unused Services 33 FA $ 300.00. 5 9,900.00 Page 1 of 2 16A3 EXHIBIT B January 8,2014 To: South Florida Excavation,Inc. Re NOTICE OF AWARD Lagomar at Fiddler's Creek Dear Sirs, You are notified that your Bid Contract has been considered. You are the apparent Successful BIDDER and have been awarded a Contract for the site and utility construction for Lagomar.Fiddler's Creek: The Contract Price of your Contract is:$517,832.80 One(1). copies of each of the proposed Contract Documents(except Drawings)accompany the Notice of Award. Five(5) sets of the Drawings 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. l.. You must deliver to the OWNER One(11 fully executed counterparts 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. GA PROD-ENG\RFCLMRP108CDocs101Bidding-Addenda-Cos-CoreCanllact Does-Specs\Exhibit B-Notice of Award.doc 16A 3 Within five(5)days after you comply with the above conditions,.OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. FCC Veneta.LLC, , (Owner) 1 Given By: (Autho ' ed Signa Aubrey J. Ferrao, As P esident & CEO and not individually (Printed.Name and Title) (Date) ACCEPTANCE OF AWARD South Florida Excavation,Inc. (Contracto �. By (Authorized Signature) (Title) (Date) G:1PRO7-ENGOFCW(RRO BCDoes\O1Bidding-Addenda-Cos-Corr 1 Coot=Does-Specs\Exhibit B-Notice of Award.doe 16A 3 EXHIBIT C January.8,2014 To South Florida Excavation,Inc. Re: NOTICE TO PROCEED Lagomar at Fiddler' Creek Dear Sirs, You are notified that the Contract Times under the above contract will commence to run on January 13,2014, By that date,you are to start performing 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 and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must(add other requirements): FCC Veneta,LLC (Owner) ,-- Given By: (Authoriz Signature) brey J. Ferrao, As P esident & CEO and not individually (Printed Name and Title) (Date) GA PROD-[NGWIFCLMRP108CDocs101Bidding-Addenda-C0s-Core Contract Does-Specs\G.hibit C-Notice to Proceed.doc