Backup Documents 02/23/2016 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ATHE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT6
6
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he 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 nu 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. BCC Office Board of County 1:),F b
Commissioners f // 3‘2.(=\\�lr.
5. Minutes and Records Clerk of Court's Office
3174illp
l;
p
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 February 23,2016 Agenda Item Number 16-A6
Approved by the BCC
Type of Document Plat—Marengo at Fiddler's Creek Number of Original One
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? 'C1C
2. Does the document need to be sent to another agency for additional signatures? Ifyes, 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 February 23,2016 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 SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN T FA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded he oun y tt ncy 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
exesption of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attomey,Office.
Route to Addressee(s) (List in routing order) Office Initials I Date
1.
2.
3. County Attorney Office County Attorney Office 341)/40/
4. BCC Office Board of County -p / 10
Commissioners yf/s/ 3 ro\\k
5. Minutes and Records Clerk of Court's Office
lice L; ,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/p pared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or issing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was February 23,2016 Agenda Item Number 16-A6
Approved by the BCC
Type of Document Construction&Maintenance Agreement ) Number of Original Two
Attached and Performance Bond—Marengo at Documents Attached
Fiddler's Creek
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 February 23,2016 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
1 6 A 6
MEMORANDUM
Date: March 29, 2016
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re a: Marengo @Fiddler's Creek Plat: Construction & Maintenance
Agreement and Standby Letter of Credit No. FGAC-16072
Attached for your records are copies of the agreement and bond referenced above,
(Item #16A6) approved by the Board of County Commissioners on February 23, 2016.
The originals will be held by the Minutes and Records Department in the Official
Records of the Board.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 A6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this Z 6-rkt day oftZ,C, ,/ , 20 It& between
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 Aareement, applied for the approval by the
Board of certain plat of a subdivision to be known as: _ Marengo 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: Roadway, drainage, water&sewer improvements
within 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$257,752.44 -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.
1 6 A 6
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 r ay call upon the subdivision
performance security to secure satisfactory completion, repair a,d maintenance of the required
improvements. The Board shall have the right to construct and m•.intain, or cause to be constructed
or maintained, pursuant to public advertisement and rece.•t and acceptance of bids, the
improvements required herein. The Developer, as principal nder the subdivision performance
security, shall be liable to pay and to indemnify the Board, upo' completion of such construction, the
final total cost to the Board thereof, including, but not limite• to, engineering, legal and contingent
costs, together with any damages, either direct or conseque tial, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisins of this Agreement.
9. All of the terms, covenants and conditions herein contain:it are and shall be binding upon the
Developer and the respective successors and assigns of the ii-veloper.
IN WITNESS WHEREOF, the Board and the Developer have cau • this Agreement to be executed by
their duly authorized representatives this 22"--` day of 'IfY1,,n�.. / , 20 11, •
SIGNED IN THE PRESENCE OF: (Name of Entity
---7=-----, Jo L, By:
Printed Name
/eCr'vvs_ ct
( ote,
Printed Name/Title` r"n 11'`4-fYlwvwy a`dry
(President,VP, or CEO) V? Le.c r Q.. ,LLL
(Provide Proper Evidence of Authority)
Printed Name"-
_L
�s,a
� S
ATTESTc ,,e4e,
DWIGHT E. BROCK, CLERK BOA OF COUNT COMMISSIONERS
OF LLIER COU Y;F ORIDA
By: ` ' ' . -'$ ,� . By.
Deputy '
h.itmans � DONNA FIALA, CHAIRMAN
kV
Appro t d legality: —
Item#
--ter-A--
Scott A. Stone, Assistant County Attorney Agenda a� ..t,
Date
{ Date t r 1,40
t N , kg
Deputy•MID
FIDELITY GUARANTY AND ACCEPTANCE CORF1
700 NW 1-07 AVENUE SUITE 240
MIAMI , FLORIDA 33172
PHONE (305) 553 -8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO.FGAC-16072
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER')
700 NW 107TH AVENUE,SUITE 240
MIAMI.FLORIDA 33172
PHONE(305)553-8724
DATE OF ISSUE: FEBRUARY 12.2016
PLACE OF EXPIRY: AT ISSX.IrERS,COUNTERS I OCA"I'ED AT 700 NW 107 AVE.SUITE 240
MIAMI,FLORIDA 33;L72
DATE OF EXPIRY: THIS CREDITSHALL BE VALID UNTIL FEBRUARY 12,2017,AND SHALL THEREAFTER
BE AU'T'OMATICALLY RENEWED;FOR SUCCESSIVE ONE-YEAR PERIODS ON THE
ANNIVERSARY-Of"'THE ISSUE'UNLESS'AT LEAST sixTY'(RI)BAYS•PRIOR'TO ANY
SUCH ANNIVERSARY DA'PE.THE ISSUER:NOTW ESE E BBNE.FICIAR I°,IN WRITING BY
REGISTERED MAIL THAT THE ISSUER:ETS NQ-T=TORENEW THIS CREDIT.
APPLICANT: LENNAR HOMES,LLC.(HEREINAFTER"DEVELOPER")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS.FLORIDA 3j}66
BENEFICIARY: THE BOARD OP tI',. FYrCOMMISSIONERS,-COLLIERCOUNTY,I OI DA
(HEREINAFT R�° NEEICJARrW'' . ; ,r<.` r
C/O ENGINEERING REVwwSE � � �E: �,z >
NAPLES,FL 34112
AMOt7'h1T: t1P"TO AN AGYft`E'6A 'E`XivtO'f1I 'I'"bTr'''"/5t"15kL: '( b"1$'CJ1V`ID"1rt1f'I`Y'S1EIF '
THOUSAND SEVEN HLT1 DR'EDTIFTY 7IWOjAND11 IO0 US'DOLLARSr i,Al:('''1
•.;: ,-...,` .Tit 1•' .,.:'.,, ,r. LTA_:iA,r,�z .,";i;; 4 ,,..
RE: INFRASTRUCTURE CONS- O 44H:
PRCIJECTILil 44I, Sl y
,Ei�M.. AR�NCT
Fr :'. CO ANC,4,CGIrA * ri !
CREDIT AVAILABLE
lrv'r .0 r-!. AF.:E-y 1,.. :.;' wr Ir,..i'Y�.i.�r rt.S i'f,e. „'(.; ,!Jr•,4.;�=,. ...
BY: PAYMENT A GAINST DOG 1IvIF: S:I T AFIL ED' REI I At 3D BBAd1'ITIGIi cl''S
AT SIGHT k1RAWNSWTHEhI�,+SkiER: r :h).,PAN.7 ANL-) .,. xr.E: ;c�� E.i�r�=.�.. F�"Y;,,.>.•r'
.. RF (.t...:r"(.,} r...;]t'.4e. -r i.. 'i G:,R .t a..r✓ JAR.,:v v NL 'a:J.r 'v,
DOCUMENTS REQUIRED; AVAILABLE BY BENEF,S IA;R.',:5, , T,t;1,4.4T.rS T�_.{ A� N,Q,N"�NEJ...24F 3,•0i.,,;f,L> .
PRESENTED AT PLACE OF EXPIRY ACCOMPANIED Y BENEFICIARY STATEMENT PUI.PORTED Y MANUALLY.
SIGNED ANb ISATED BY THE(COUKTY MANAGER,OR'I-fi§b'BS1`G"f•1E ;ivP1 F'YII U
t;f)R? !Tv 3 ARAN,;,,,1t`,€? �,... :f� � ."RP
A. "II) DEVELOPER`-HAS FAILED TO CONSTRUCT)1AND/ORTAItAR4ITAMWTI?IEr9LIBDWISl)N'IMPROVEMENTS,
ASSOCIATED,WITH:THATCERTAIN PLATOF ASI3BDI=VISJQN'KNOWN AS AQAiREiNC.tOc7#; 'TIDDL 'SCREEK,
AS REQiUiliffp..BY COLD-COUNTY ORDINeA I _AN,D AASOloUTION$ TH :LrAN `RE,YELOPISCNT
REGULATIONS"). (II) DEVELOPER HAS BEENQIVF J FWRITTEN NOTICE,•DESCRIBINGx TIE,EVENT . R,
;j
CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RI;CF(,pT
REQUESTED; AND (III)THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED:FOR
THEREIN,IF ANY.":
B. '`A FINAL INSPECTION OF THE SUBDIVISION 1MPIa`OVEMENTS;FOR MARENGQ.;AT FIDDLER'S CREEK AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (TETE "LAND DEVELOPMENT
REGULATIONS'')SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE
OF EXPIRY,AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED
TO AND ACCEPTED BY THE BENEFICIARY."
FIDELITY GUARANTY AND ACCEPTANCE COR
700 NW 107 AVENUE - SUITE 240
MIAMI , FLORIDA 33172
PHONE (305) 553-8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO.FGAC-16072 PAGE 2
DRAFT(S)DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED:"DRAWN UNDER FIDELITY GUARANTY
AND ACCEPTANCE CORP.CREDIT NO.FGAC-16072.DATED FEBRUARY 12,2016"AND MUST BE ACCOMPANIED
BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL `AMENDMENTS, IF ANY. FOR PROPER
ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE.ISSUER'S UNDERTAKING. AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY
DOCUMENT,INSTRUMENT.OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE
ANY DOCUMENT,INSTRUMENT OR AGREEMENT.
ISSUER.HEREBY ENGAGES WITH BENEFICIARY THAT DRAFTS)DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS AND CONDITIONS OF THIS CREDIT WILL=BE DULY•HONORED BY.ISSUER IF PRESENTED WITHIN -
TIIE VALIDITY OF THIS,CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN,AT THE,PLACE OF
EXPIRY PRIOR TO 4:00 P,M.EST, OR,PRIOR TO THE DATE OF EXPIRY.
THIS CREDIT IS SUBJECT TO"THE UNIFORM CUSTOMS AND PRACTICE FOR-DOCUMENTARY CREDITS (2007
REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 1q0.600.
FIDELITY GUARANTY AND ACCEPTANCE CORP: �(TAr F.. „�i, „,F.F A^,J(,. :,,.;r ,>t , ,;dl.n r
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F.D:y+3:.1 r"..-, C.0qP`Uel+ y;�.� t i„�;'.: z 1.,i�,_Tr F., [i,F.,+R'�•
COPP COPF FOEL FJAFFANTV AN:, AC._{ ANCE F'C'WARM T Y AND'ACCEPTANCE
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Marengo at Fiddler's Creek- ICP 16 A 6
20 Single Family Units
Total Bonded Cost Estimate-Site Infrastructure
March, 2016
DESCRIPTION UNIT QTY PRICE TOTAL
General Conditions
Mobilization LS 1 $27,000.00 $27,000.00
Silt Fence LF 2,510 $1.50 $3,765.00
Construction Entrance/Tracking Control EA 1 $3,500.00 $3,500.00
General Maintenance , LS 1 $3,000.00 $3,000.00
Survey LS 1 $5,640.00 $5,640.00
As-builts LS 1
$3,200.00 $3,200.00
Subtotal $46,105.00
Earthwork/Site Preparation
Haul, Place&Compact Fill CY 3,002 $16.00 $48,032.00
Top Strip SY 14,000 $0.50 $7,000.00
Fine Grading Pads SY 12,444 $0.35 $4,355.40
Fine Grade General SY 800 $1.00 $800.00
Final Seed Lots and Future Phase Area w/in clearing limits
(200#seed+300#fertilizer per AC Seasonal Mix) AC 0.60 $1,400.00 $840.00
Subtotal $61,027.40
Roadway
5'Concrete Sidewalk along Aviamar Circle (Optional) SF 6,250 $3.00 $18,750.00
Pavement Markings LS 1 $500.00 $500.00
Valley Gutter LF 18 $20.00 $360.00
Subtotal $19,610.00
Storm Drainage
Remove Existing Pipe LF 154 $15.00 $2,310.00
18"RCP LF 177 _ $60.00 $10,620.00
Junction Box Type E EA 3 $3,000.00 $9,000.00
Curb Inlet Protection (Inlet log or Approved Equal) EA 2 $75.00 $150.00
Filter sacks (RA Moore Drop Inlet Sack or approved equal) EA 2 $105.00, $210.00
Subtotal $22,290.00
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G:\Engineering\PROD-ENG\L\LHFCMRP\04DD\02Cost Opinion\Cost Estimate Infrastructure Marengo_ICP.xlsx
Marengo at Fiddler's Creek-ICP
20 Single Family Units 1 b A b
Total Bonded Cost Estimate-Site Infrastructure
March, 2016
DESCRIPTION UNIT QTY PRICE TOTAL
Sanitary Sewer System
Roadway Trench Restoration (Includes bedding and backfill per
Collier County detail G-2) EA 3 $500.00 $1,500.00
Roadway Trench Restoration (Includes 24 SF stabilized subgrade,
6"limerock base and 1.5"Type S-III asphalt) EA 3 $1,250.00 $3,750.00
6"Single and Double Service EA 11 $1,000.00 $11,000.00
Cut and Cap EA 2 $500.00 $1,000.00
Subtotal $17,250.00
Potable Water Distribution System
Remove Existing Fire Service, Gate Valve,Valve Box and FDC EA 3 $1,000.00 $3,000.00
Horizontal Directional Drill EA 11 $840.00 $9,240.00
Single Water Service EA 4 $1,000.00 $4,000.00
Double Water Service EA 7 $1,300.00 $9,100.00
Remove Existing Water Service EA 13 $350.00 $4,550.00
Subtotal $29,890.00
Adjust Street Lamps EA 1 $2,000.00 $2,000.00
**Irrigation LS 1 $36,148.00 $36,148.00
BASE BID TOTAL Total Construction Cost $234,320.40
10% of Total $23,432.04
Total Bonded 110% $257,752.44
**Irrigation is based on per lot cost, plus an additional$5,000 due to the size of the Marengo project,from a bid received within
another community in Fiddler's Creek with 158 lots. Note: This cost estimate was developed by minimizing utility adjustments which
will restrict certain lots.
G:\Engineering\PRO1-ENG\L\LHFCMRP\04DD\02Cost Opinion\Cost Estimate Infrastructure Marengo_ICP.xlsx