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Agenda 02/28/2017 Item #16A 602/28/2017 EXECUTIVE SUMMARY Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Vintage Reserve at the Vineyards, PL20120001915, and to authorize the County Manager, or his designee, to release the Utilities Performance Security bond in the total amount of $3,017.87 to the Project Engineer or the Developer’s designated agent. OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final acceptance and unconditional conveyance of these potable water and sewer facilities, and to release the Utilities Performance Security bond in the amount of $3,017.87, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004- 31. CONSIDERATIONS: 1) The Developer of Vintage Reserve at the Vineyards, has constructed the potable water and sewer facilities within dedicated easements to serve this development. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on January 7, 1998. At that time, the value of these potable water and sewer utility facilities (assets) was $103,241.90 and $90,564.30, respectively. 3) Staff recorded all preliminary acceptance documents associated with the facilities being conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney’s Office as to form and legality. The County acquired its record interest by Bil l of Sale and Utility Facilities Warranty Deed recorded in Official Records Book 2402, Page 0142, and Official Records Book 2402, Page 0150, (respectively) of the Public Records of Collier County, Florida. 4) The potable water and sewer utility facilities were operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) Staff recommends final acceptance of the subject utility facilities and release the Utilities Performance Security bond in the total amount of $3,017.87. 6) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. Vintage Reserve at the Vineyards was granted a utility deviation from the Wastewater Department to receive final acceptance without completing the final obligation requirements, specifically the submittal of the one-year gravity sewer report. The deviation was approved by Wastewater Department on the grounds that the infrastructure at Vintage Reserve at the Vineyards has been connected to the County's system for over 15 years and the Utilities Performance Bond of $3,017.87 would not be enough to cover any potential damages. 7) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total gross value of $193,806.20 (no depreciation applied). 16.A.6 Packet Pg. 628 02/28/2017 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: That the Board of County Commissioners approves final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Vintage Reserve at the Vineyards, PL20120001915, and to authorize the County Manager, or his designee, to release the Utilities Performance Security bond in the total amount of $3,017.87, to the Project Engineer or the Developer’s designated agent. Prepared by: Melissa Alvarez, Operations Coordinator, Development Review Division ATTACHMENT(S) 1. Location Map - Vintage Reserve (PDF) 2. Asset Sheets - Vintage Reserve (PDF) 3. Exhibit A - Vintage Reserve (PDF) 4. Email Approving Deviation (PDF) 16.A.6 Packet Pg. 629 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 2583 Item Summary: Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Vintage Reserve at the Vineyards, PL20120001915, and to authorize the County Manager, or his designee, to release the Utilities Performance Security bond in the total amount of $3,017.87 to the Project Engineer or the Developer’s designated agent. Meeting Date: 02/28/2017 Prepared by: Title: Operations Coordinator – Growth Management Development Review Name: Melissa Alvarez 01/12/2017 1:58 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 01/12/2017 1:58 PM Approved By: Review: Water Pamela Libby Additional Reviewer Completed 01/12/2017 2:03 PM Water Steve Messner Additional Reviewer Completed 01/12/2017 2:06 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 01/12/2017 2:09 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/12/2017 2:09 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 01/12/2017 2:10 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 01/13/2017 8:52 AM Wastewater Steve Nagy Additional Reviewer Completed 01/13/2017 10:45 AM Wastewater Beth Johnssen Additional Reviewer Completed 01/17/2017 12:53 PM Growth Management Department Matthew McLean Additional Reviewer Completed 01/25/2017 10:04 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/02/2017 8:36 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/07/2017 11:28 AM Growth Management Department James French Additional Reviewer Completed 02/07/2017 9:51 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/08/2017 8:28 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/08/2017 3:03 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/09/2017 9:13 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 10:21 AM 16.A.6 Packet Pg. 630 02/28/2017 Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.A.6 Packet Pg. 631 16.A.6.a Packet Pg. 632 Attachment: Location Map - Vintage Reserve (2583 : Final Utilities Acceptance - Vintage Reserve at the FLORIDA STATE TINDERGROTIND. INC. SYSTEM NAME: VINTAGE RESER\TE AT T}IE VINEYARDS DATE, OCTOBER 3, 1997 THIS IS A Z ARY ,IC & SEAI) r DO HEREBY CERTTFY THE ABOW DEXNBED LrSr OF MATERUTS, QUANTAES OF l.rATENAr;, KINDS OF MATERIALS, INCLUDING I|\STALLATION AND ALL COSTS AS IT\S.ALLED, TO BE COMPLETE, TRUE AND ACCUK4TE AS PER FINAL PAY ESTIMATE AND/OR ALL INVOICES OR STATEMEMS OF (BY OR FROM) THIS CERTIFYING CONTRACTOR AND AS PER THE PROJECT AND/OR DESIGN ENGINEERS RECORI) DRAWINGS OF THIS SYSTEM AS DESCNBED BT NAME SHOW, AS OF THIS DATE. PERSONALLY KNOWN, SWORN TO & ST'BSCRIBED BEFORE ME TTtrS CERTIFYING: 4t Y 1997 MAS , PRESIDENT F'L (NOT ITEM DESCRIPTION SIZE QUANTITY TOTAL COST CONNECT TO EXST 16'w/M 16"IEA 4.786.59 METER & B,/FLOW ASSEMBLY 6',IEA 24,747.56 24,747.56 PVC WATER MAIN C9OO 10"1690 LF zl,784 t0 GATE VALVE W/BOX 10"4EA 824 43 3,297.72 PVC WATER MAIN C9OO 8"2240 LF 10 05 22,512.00 GATEVALVEWBOX 8',4EA 590.57 2,362.28 I40 LF 874 t,223.60 GATE VALVE WBOX IEA 371. l5 371 15 BLOWOFF 4',IEA 646.t5 646 15 BACTERIAL SAMPLE POINTS IEA 70t.21 702 21 WATER SERV, WCORP STOP l5'29 EA 299 38 8.682.02 FIRE HYDRANT ASSEMBLY 7EA 1,732.36 t2,126.52 TOTAL 103,241.90 /e- "#f,tHu? AEI,EI 'F dlooo 9.Al C: \OFFICE\WP}!a\\!}?DOCS\Cr-R (SEAI) ATE I'NDERGROI IND- INC CONTRACTOR'S CERTIFIED LIST OF INSTALLED MATERIALS & COSTS SEWER SYSTEM T]NIT COST 4,786.59 12.89 PVC WATER MAIN C9OO 4', 4', 16.A.6.b Packet Pg. 633 Attachment: Asset Sheets - Vintage Reserve (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) CONTRACTOR'S CER]IFIEI rl t.' (NOT ) I,IST OF INSI'ALLED M,q.TERIALS &COSTS THIS IS A I DO HEREBY CERTIFY THE ABOIE DESCRIBED LIST OF MATERIAIS, QUANTITIES OF MATENAI,S, KINDS OF MATENAI,S, INCLUDING INSTALI-ATION AND ALL COSrS AS INS(ALLED, TO BE COMPLETE, TRUE AND ACCL]RATE AS PER FINAL PAT ESTIMATE AND/OR ALL INVOICES OR STATEMEMS OF (BY OR FROM) THIS CERT|FYING COMRACTOR AND AS PER THE PROJECT AND/OR DESIGN ENGINEERS TIFIED RECORI) DRA'NNGS OF THIS STSTEM AS DESCRIBED BY NAME SHOWN, AS OF THIS DATE, CKIMM. PRESIDI.]NT FLORJI)A S'I'ATI] TJNDtsR(}ROT IND. INC (sLAI.) ITEM DESCRIPTION SIZE QUANTITY UNIT COST TOTAL COST PVC SAN,SEWER MAIN 0.6 8"1213 LF 16 20 19,650 60 MANHOLE 0-6 4',6EA 1,031.60 6,189.60 PVC SAN. SEWER MAIN 6-8 8"865 LF 24 70 21,365.50 MANHOLE 6-8 4'.1,223.90 6,1 19 50 PVC SANITARY SEWER 8-IO 8',437 LF 32.20 14,071.40 MANHOLE 8-IO 4',4EA I,491 .81 5,967.24 PVC SEWER LATERAL 6"1550 LF 8.65 13,407 .50 PVC CLEANOUT 6"32EA 2,992.96 CONNECT TO EXIST 8'STUB 8"28.4.400 00 800 00 TOTAI,90,564 30 N0tor HcAr YE (lBSC 'T^EVENPvoirc'oie Fol io.i do resapi Isep 200Commission67C.03 C:\O C NAIIIE & SEAL) .t997 FLORIDA STATE T'NDERGROI-IND, INC. SYSTEMNAME:VINTAGERESERVEATTHEVINEYARDS DATE: SEWER SYSTEM XX PERSONALLY KNOWN. SWORN TO & SUBSCRIBED BEFORE ME THIS C}iRTIFYIN(i: 5EA 93 53 i- 16.A.6.b Packet Pg. 634 Attachment: Asset Sheets - Vintage Reserve (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond The UPS Bond, if applicable, is based on the total amount ofthe water and/or sewer utilities being lnstalled for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Receipt of Payment Amount Receipt Number Utilities Performance Security Bond S3,ot7.B7 50372 Final Obligation Bond N/A (Project prior to this coming into effect) TotalAmount S3,017.87 16.A.6.c Packet Pg. 635 Attachment: Exhibit A - Vintage Reserve (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) Official Receipt - Collier County Board of County Commissioners CDPR1 103 - Official ReceiPt Post Date Pav ment Slip NbrTrans Number Date 12t8t97 2 :03:49 PM 12t8t97 MS 283105UJ/Z VINEYARDS DEVELOPMENT VINTAGE RESERVE AT THE VINEYARDS Payor : VINEYARDS DEV CORP Fee lnformation Amount WaivedFee Code Desc n GL Account 12BOND DEPOSITS.COMM D EV CASH BOND 6zooooooozzot t gooooo Total Payments $30 17 .87 s3017.87 Amount Total Cash Total Non-Cash s3017.87 Cashier/location: TERILLA-J / 1 User: NIX-S Collier County Board of County Commissioners CD-P,us for Windows 95/NT AccounUCheck NumberCode $3017.87081708939CHECK Printed:1218/97 2:04:07 PM --$030- S30173r Memo: Total Paid 16.A.6.c Packet Pg. 636 Attachment: Exhibit A - Vintage Reserve (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 1 PuigJudy From:McLeanMatthew Sent:Wednesday, November 30, 2016 11:26 AM To:AlvarezMelissa Cc:McKennaJack; W ilkieKirsten Subject:RE: Vintage Reserve cash bond Melissa, Please include this email deviation approval into the turnover files for Vintage Reserve.Thanks. Matt McLean, P.E. Collier County Growth Management Department Director -Development Review Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-8279 Fax: 239-252-6945 From:JohnssenBeth Sent:Wednesday, November 30, 2016 11:08 AM To:McLeanMatthew <MatthewMcLean@colliergov.net> Cc:ChmelikTom <TomChmelik@colliergov.net>; McKennaJack <JackMcKenna@colliergov.net>; FeyEric <EricFey@colliergov.net>; AlvarezMelissa <MelissaAlvarez@colliergov.net> Subject:RE: Vintage Reserve cash bond Matt, I approve the deviation to relinquish the requirement. Beth From:McLeanMatthew Sent:Wednesday, November 30, 2016 10:11 AM To:JohnssenBeth <BethJohnssen@colliergov.net> Cc:ChmelikTom <TomChmelik@colliergov.net>; McKennaJack <JackMcKenna@colliergov.net>; FeyEric <EricFey@colliergov.net>; AlvarezMelissa <MelissaAlvarez@colliergov.net> Subject:FW: Vintage Reserve cash bond Beth, To finalize the paperwork and facilitate the bond release for this project, GMD needs a deviation approval from CCPUD to relinquish the requirement for the 1-Year Sewer Viewer Report and Video as required for Final Acceptance per 16.A.6.d Packet Pg. 637 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 2 subsection 8.5.1 of the Collier County Utilities Standards and Procedures (Ord. No. 2004-31). It is my understanding that you would be the Director to approve such a wastewater deviation. To help facilitate the initiation of the release of the bond (per Dr. Yilmaz direction below), it is possible for you to send us an email approving the deviation.With such an email approval , GMD staff can finalize the Executive Summary for the BCC to approve final acceptance of this infrastructure and release the bond.If you have any questions please let me know.Thanks in advance for your help. Matt McLean, P.E. Collier County Growth Management Department Director -Development Review Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-8279 Fax: 239-252-6945 From:YilmazGeorge Sent:Friday, November 18, 2016 9:42 AM To:McKennaJack <JackMcKenna@colliergov.net>; ChmelikTom <TomChmelik@colliergov.net> Cc:WilkisonDavid <DavidWilkison@colliergov.net>; JohnssenBeth <BethJohnssen@colliergov.net>; TeachScott <ScottTeach@colliergov.net> Subject:Fwd: Vintage Reserve cash bond Jack and Tom, Initiate the release of the bond please. Respectfully, George PS Good due diligence by the staff... From:TeachScott <ScottTeach@colliergov.net> Date:November 18, 2016 at 8:55:17 AM EST To:YilmazGeorge <GeorgeYilmaz@colliergov.net> Subject:RE: Vintage Reserve cash bond George, I would agree with you.A $3,018 bond isn’t providing much security and if we’ve already accepted the system, the county should just release the bond. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 16.A.6.d Packet Pg. 638 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 3 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:YilmazGeorge Sent:Friday, November 18, 2016 8:46 AM To:TeachScott Subject:Fwd: Vintage Reserve cash bond Hello Scott, If we accepted the system, and have been maintaining since then my first thought is to release the bond. OBW bond could not even fix 2-3 ft section of pipe if needed. Respectfully, George From:Michel Saadeh <MichelSaadeh@vineyardsnaples.com> Date:November 17, 2016 at 5:07:12 PM EST To:YilmazGeorge <GeorgeYilmaz@colliergov.net> Subject:FW: Vintage Reserve cash bond Hello George, The chain of emails explains the situation. The Vintage Reserve Subdivision in the Vineyards was completed 15 to 20 years ago. We have a $3018 bond that was never released for some reason. The County accepted the conveyance of the subdivision over 15 years ago. The project is on County water and sewer. We have no access to the property or their homeowners association. Your assistance in releasing the bond without the sewer video will be appreciated. Obviously your staff can inspect the site / utilities anytime. Many thanks. Have a Happy Thanksgiving. MICHEL SAADEH PRESIDENT & CEO VINEYARDS DEVELOPMENT CORPORATION From:McKennaJack [mailto:JackMcKenna@colliergov.net] Sent:Thursday, November 17, 2016 4:53 PM 16.A.6.d Packet Pg. 639 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 4 To:Michel Saadeh <MichelSaadeh@vineyardsnaples.com> Subject:FW: Vintage Reserve cash bond FYI Jack Jack McKenna P.E. County Engineer Development Review Division 2800 N. Horseshoe Drive Naples FL 34104 (239) 252-2911 From:FeyEric Sent:Thursday, November 17, 2016 4:21 PM To:McKennaJack <JackMcKenna@colliergov.net> Cc:JohnssenBeth <BethJohnssen@colliergov.net>; NagySteve <SteveNagy@colliergov.net>; PajerCraig <CraigPajer@colliergov.net>; StoneScott <ScottStone@colliergov.net>; TeachScott <ScottTeach@colliergov.net> Subject:RE: Vintage Reserve cash bond Jack, A 1-Year Sewer Viewer Report and Video is required for Final Acceptance per subsection 8.5.1 of the Collier County Utilities Standards and Procedures (Ord. No. 2004-31).The ordinance makes allowances for deviations on certain provisions but not this one.As such, I am reluctant to say we could waive this requirement. I suggest you speak with our wastewater folks and I would advise consulting the County Attorney’s Office as well.I have copied Beth Johnssen, Steve Nagy, and Craig Pajer as well as Scott Stone and Scott Teach for input. Thanks, Eric Fey, P.E. Senior Project Manager Public Utilities Engineering & Project Management Division Direct:(239) 252-1037 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:McKennaJack Sent:Thursday, November 17, 2016 4:02 PM To:FeyEric <EricFey@colliergov.net> Subject:FW: Vintage Reserve cash bond 16.A.6.d Packet Pg. 640 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 5 Consistent with our meeting, would PU be agreeable to this? Jack Jack McKenna P.E. County Engineer Development Review Division 2800 N. Horseshoe Drive Naples FL 34104 (239) 252-2911 From:AlvarezMelissa Sent:Thursday, November 17, 2016 3:57 PM To:McKennaJack <JackMcKenna@colliergov.net> Subject:FW: Vintage Reserve cash bond Jack, Please see below email from Mr. Saadeh. Can we proceed with final acceptance without a sewer video being provided? Thank you. Melissa Alvarez Operations Coordinator Collier County Board of County Commissioners Development Review Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 Tel:(239) 252-2279 Fax: (239) 252-3935 For project status inquiries, you can always visit the Cityview Portal at http://cvportal.colliergov.net/CityViewWeb/Planning/Locator. ATTENTION:Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption.The law provides a right of access to governmental proceedings and documents at both the state and local levels.There is also a constitutionally guaranteed right of access.For more information on this law, visit:Florida's Sunshine Law From:Michel Saadeh [mailto:MichelSaadeh@vineyardsnaples.com] Sent:Thursday, November 17, 2016 3:37 PM To:AlvarezMelissa <MelissaAlvarez@colliergov.net>; HouldsworthJohn <johnhouldsworth@colliergov.net> Subject:RE: Vintage Reserve cash bond 16.A.6.d Packet Pg. 641 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 6 Melissa, The project is more than 15 years old almost 20. It has been turned over and the County has been servicing the sewer system since. What you are requesting may cost as much as the Bond. I can provide you with a Final Attorney's Affidavit. The County can schedule a final utility inspection. I have no interest in getting a sewer video for many reasons, least of which I have no access to the property. Please let me if this will work. Thanks, MICHEL SAADEH PRESIDENT & CEO VINEYARDS DEVELOPMENT CORPORATION From:AlvarezMelissa [mailto:MelissaAlvarez@colliergov.net] Sent:Thursday, November 17, 2016 3:31 PM To:HouldsworthJohn <johnhouldsworth@colliergov.net> Cc:Michel Saadeh <MichelSaadeh@vineyardsnaples.com> Subject:RE: Vintage Reserve cash bond John, Box never came in from storage. I’m checking in with Records now. However, from the information that I do have available at the moment, it looks like a Final Attorney’s Affidavit, sewer video, and final utility inspection will be needed. Once these final obligations have been satisfied, I can take the project to the Board for final acceptance and bond release. Thank you. Melissa Alvarez Operations Coordinator Collier County Board of County Commissioners Development Review Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 Tel:(239) 252-2279 Fax: (239) 252-3935 16.A.6.d Packet Pg. 642 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915) 7 For project status inquiries, you can always visit the Cityview Portal at http://cvportal.colliergov.net/CityViewWeb/Planning/Locator. ATTENTION:Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption.The law provides a right of access to governmental proceedings and documents at both the state and local levels.There is also a constitutionally guaranteed right of access.For more information on this law, visit:Florida's Sunshine Law From:HouldsworthJohn Sent:Thursday, November 17, 2016 11:34 AM To:AlvarezMelissa <MelissaAlvarez@colliergov.net> Cc:Michel Saadeh <MichelSaadeh@vineyardsnaples.com> Subject:Vintage Reserve cash bond Melissa,were you able to determine what is required to release this security? Thanks, John John Houldsworth Senior Site Plans Reviewer Phone 239-252-5757 Fax:239-252-6553 Johnhouldsworth@colliergov.net **Upcoming out of office –Dec. 8th -12th Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16.A.6.d Packet Pg. 643 Attachment: Email Approving Deviation (2583 : Final Utilities Acceptance - Vintage Reserve at the Vineyards, PL20120001915)