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Agenda 02/25/2014 Item #16A 22/25/2014 16.A.2. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry, Parcel 3V PL20110001428 and to authorize the County Manager, or his designee, to release the Utilities Performance Security Bond and Final Obligation Bond in the total amount of $15,722.14 to the Project Engineer or the Developer's designated agent. OBJECTIVE: To have the Board of County Commissioners, Ex -Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water and sewer facilities and to release the Utilities Performance Security Bond (UPS) and Final Obligation Bond in the total amount of $15,722.14. CONSIDERATIONS: 1) The Developer of The Quarry, Parcel 3V, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services staff on December 28, 2011. At that time, the value of these utility facilities (assets) was $25,630.49 for the water facilities and $14,635.93 for the sewer facilities (see attachment[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services staff in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 6) Utility Performance Security Bond (UPS) and Final Obligation Bond in the total amount of $15,722.14 to be released. See attached Exhibit A 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 $40,266.42 (no depreciation applied). Packet Page -270- 2/25/2014 16.A.2. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. — ERP RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water and sewer utility facilities for The Quarry, Parcel 3V, PL20110001428 and authorize the County Manager, or his designee, to release the Utilities Performance Security Bond (UPS) and Final Obligation Bond in the total amount of $15,722.14 to the Project Engineer or the Developer's designated agent. Prepared by: Jodi Hughes, Technician, Engineering Services, Growth Management Division, Planning and Regulation Attachments: 1) Location Map, 2) Asset Sheet, 3) Exhibit A Packet Page -271- 2/25/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry, Parcel 3V PL20110001428 and to authorize the County Manager, or his designee, to release the Utilities Performance Security Bond and Final Obligation Bond in the total amount of $15,722.14 to the Project Engineer or the Developer's designated agent. Meeting Date: 2/25/2014 Prepared By Name: HughesJodi Title: Technician,Engineering & Environmental Services 1/9/2014 10:29:45 AM Approved By Name: BeardLaurie Title: Planner,Transportation Planning Date: 1/9/2014 11:34:57 AM Name: JohnssenBeth Date: 1/9/2014 12:28:03 PM Name: Steve Messner Title: Plant Manager,Water Date: 1/9/2014 1:42:40 PM Name: KovenskyKenneth Title: Management/Budget Analyst, Senior,Operations & Regulatory Management Date: 1/9/2014 3:24:30 PM Name: Pam Libby Title: Manager - Operations - Water /WW,Water Date: 1/10/2014 1:45:11 PM Name: Nagy Steve Title: Manager - Wastewater Collection, Wastewater Date: 1/15/2014 8:13:39 AM Packet Page -272- 2/25/2014 16.A.2. Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 1/15/2014 9:41:22 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engine Date: 1/17/2014 11:12:35 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 1/17/2014 1:05:24 PM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 1/28/2014 10:51:22 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/30/2014 3:45:12 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/11/2014 1:34:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2014 3:25:11 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/12/2014 4:45:44 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 2/14/2014 2:39:10 PM Packet Page -273- 2/25/2014 16.A.2. i E i } w° i 3 R a+ COVE LANE - I'M, NONaVN 1VNV3dN 6 W ED z 2 2 aw 8 W ION / NEW CL W H cQ G z O Q U O J w U Q a Q D a Ell R n� O L cc U CL O J '00 331 a i Z 6 O U S o�a�vn�av+oe aa�noo •avi 3NU `m � vi Opp i Ab LLJ YY �' 000NZrnn �� S a+w sa Packet Page -274- CL W H cQ G z O Q U O J w U Q a Q D a Ell i 2/25/201416.A.2. Certification Of Contributory Assets (Water) - County PROJECT NAME: THE QUARRY, PARCEL 3V LOCATION: Section 24 Township 48S Range 26E Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material Costs Only) C900 DR14 61, 157 LF $5.35 $839.95 C900 DR14 10.1 670 LF $9.19 $6,157.30 GATE VALVE 3" 5 LF $37100 $1,860.00 GATE VALVE 6° 1 EA $520.00 $520.OQ GATE VALVE 81, 2 EA $757.00 $1,514.00 FIRE HYDRANT 4 EA $2,294.00 $9,176.00 PBSP 1 EA $739.00 $739.00 AUTOMATIC FLUSHING DEVICE 1 EA $3,601.00 $3,601.00 ARV 2 EA $611.62 $1,223.24 TOTAL $25,630.49 I do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: NAME & TITLE OF ENGINEER CERTIFYING- OF: .1.11 Evans Engineering, P.A. 23150 Fashion Drive, Ste. 242 Estero, Florida 33928 1 do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: T OT C. MITCHELL, PRESIDENT OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108 -1856 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 22nd day of AUGUST, 2011 by Timothy C. Mitchell, who is personally known to me and who did not take an oath. SEAL: ✓G %'K�O� , Notary Public LINDA MAHON MY COMMISSION # EE 036615 EXPIRES: February 21, 2015 Bonded Thru Notary PW* Underwriters Packet Page -275- M � 2/25/201416.A.2. Certification Of Contributory Assets ( Sanitary) - County PROJECT NAME: THE QUARRY, PARCEL 3V LOCATION: Section 24 Township 48S Range 26E Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Sanitary Sewer (Material Costs Only) PVC SEWER SDR26 0' -6' 8° 300 LF $4.62 $1,386.00 PVC SEWER SDR26 8 -10' 8° 589 LF $4.62 $2,721.18 MANHOLE 0' -6' 4' 2 EA $2,400.00 $4,800.00 MANHOLE 8 -10' 4' 1 EA $3,936.00 $3,936.00 DOUBLE SERVICE W/ CLEAN OUT 6° 5 EA $358.55 $1,792.75 TOTAL $14,635.93 I do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: NAME & TITLE OF ENGINEER CERTIFYING OF: J.11 Evans Engineering, P.A. 23150 Fashion Drive, Ste. 242 Estero, Florida 33928 1 do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: G. �I�Z•5ii ; it r OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108 -1856 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 21ST day of JULY, 2011 by Timothy C. Mitchell Sr. , who is personally known to me and who did not take an oath. ,�. Jl SEAL: /?j r Notary Public E91L e SION 15 ebru,2015 Nwunaerw�rs Packet Page -276- 2/25/2014 16.A.2. Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond The Quarry, Parcel 3V The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed 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, is according with Utility Ordinance 2004 -31 Attachments: 1. Verification of Final Cost 2. Utility Performance Bond 3. Receipt of Payment Packet Page -277- Amount Receipt Number 10% UPS Bond $11,722.14 5039562 Final Obligation Bond $ 4,000.00 2011039986 Total Amount $15,722.14 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed 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, is according with Utility Ordinance 2004 -31 Attachments: 1. Verification of Final Cost 2. Utility Performance Bond 3. Receipt of Payment Packet Page -277- Packet Page -278- 2/25/2014 16.A.2. Verification of Final Cost ( WateA_ PROJECT NAME: THE QUARRY, PARCEL 3V LOCATION: Section 24 Township 48S Range 26E Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material & Labor Costs) Y iR C900 DR14 610 157 LF $12.67 $1,989.19 C900 DR14 81, 670 LF $16.74 $11,215.80 GATE VALVE 3" 5 LF $794.32 $3,971.60 GATE VALVE 611 1 EA $1,192.00 $1,192.00 GATE VALVE 8° 2 EA $1,402.42 $2,804.84 FIRE HYDRANT 4 EA $3,010.91 $12,043.64 PBSP I EA $1,072.00 $1,072.00 AUTOMATIC FLUSHING DEVICE 1 EA $5,367.06 $5,367.06 ARV 2 EA $1,011.62 $2,02124 TOTAL $41,679.37 do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: NAME & TITLE OF ENGINEER CERTIFYING OF: LR Evans Engineering, P.A. 23150 Fashion Drive, Ste. 242 Estero, Florida 33928 1 do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: / 4 �41MOT>Vlt. MITCHELL, PRESIDENT OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108 -1856 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 22nd day of AUGUST, 2011 by Timothy C.�Mitchell , who i personally known to me and who did not take an oath. SEAL: otary Public S; Y ..... LINDA K401 ,x. MY COMMISSION i EE 036615 '., pF ;, .• DwNed EXPIRES: Febmry21,,2015 Ttm No*y Pu* Undw. Packet Page -278- N M Verification of Final Cost ( Sanitary PROJECT NAME: THE QUARRY, PARCEL 3V LOCATION: Section 24 Township 48S Range 26E Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Sanitary Sewer (Material & Labor I PVC SEWER SDR26 0' -6' $" 300 LF $24.10 PVC SEWER SDR26 8 -10' 811 589 LF $89.10 MANHOLE 0' -6' 4' 2 EA $3,904.98 MANHOLE 10 -12' 4' 1 EA $4,871.90 DOUBLE SERVICE W/ CLEAN OUT 6° 5 EA $730.06 TOTAL I do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. CERTIFYING: NAME & TITLE OF ENGINEER CERTIFYING OF: J.R Evans Engineering, P.A. 23150 Fashion Drive, Ste. 242 Estero, Florida 33928 1 do hereby certify that the quantities of material described above are true and an accurate representation of the as- installed cost of the system. TIMO Y C. CHELL, SR/PRESIDENT OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108 -1856 2/25/2014 16.A.2. y E y�x $7,230.00 $52,479.90 $7,809.96 $4,871.90 $3,650.30 $76,042.06 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 21 ST day of JULY, 2011 by Timothy C. Mitchell, Sr, who is personally known to me and who did not take an oath. 6- iln�L SEAL: Notary Public Packet Page -279- IrSINN LINDA MAHM [I _.: hX COMMISSION i EE , 2015 - EXPIRES: February 21, 2015 j Bonded T1ru Notary Pubic Un xs Packet Page -279- UTILIT,, PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that PULTE HOME CORPORATION 9240 ESTERO PARK COMMONS BLVD ESTERO FL 33928 QUARRY — PARCEL 3V (hereinafter referred to as "Owner ", and Bond Safeguard Insurance Company 900 S. Frontage Road, Suite 250 Woodridge IL 60517 630- 495 -9380 BOND NO. 5039562 2/25/2014 16.A.2. (hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of eleven thousand seven hundred twenty two and 141100 ($11,722.14) in lawful money of the United States, for the payment of which sum well and truly to made, we bind heirs, executors, administrators, singular successors, d assigns, s jointly and sev erally, firmly y these presents.Owner and Surety are used for oplural a the context requires. WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations ") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non - potable irrigation water and /or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; TOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of 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 or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Packet Page -280- automatically and immediately, with., f rmal and separate amendments hereto, h amendment i 2/25/2014 16.A.2. the Contract not increasing the contract price more than twenty percent (20 %), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment ", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this 26th day of August, 2011. Pulte Home Corporation Principal By: Bruce E. Robinson, VP & Treasurer First Witness - Signature First Witness ory Malouf Second Witness - Si ture e � i ness — Susan Winslow Bond Safeguard Insurance Company Surety By. ame oo orney —in —Fact, FL license no. AI83300 Fi Wi ss - Signature Fir Witness — Da Mai- g n r Second Witness - Signature Tariese M. Pisciotto Second Witness — Packet Page -281- 2/25/2014 16.A.2. Acknowledgement of Principal: State of MICHIGAN -)unty of OAKLAND The foregoing document was acknowledged before me by Bruce E. Robinson, Vice President & Treasurer of Pulte Home Corporation, a Michigan corporation, on behalf of the corporation, who is personally known X OR who produced identification. Type of identification produced: WITNESS my hand and official seal this 26th day of August, 2011. Notary Public, Shirley E. Hutchins (Affix notary seal or stamp) My Commission Expires: t:)TARY PUBLIC. -TArF o-� COUNTY OF WAYNE MY COMMISSION EXPIRES Mar 30.2017 March 30, 2017 ACTING IN COUNTY OF Acknowledgement of Surety: State of Illinois County of DuPage The foregoing document was acknowledged before me by James I. Moore , Attorney —in —Fact of Bond Safeguard a Illinois corporation, on behalf of the corporation, who is personally known X OR who educed identification . Type of identification produced: WI SS my hand . d official seal this 26th day of August, 2011. K y a dner Notary PAC, c, Affix seal or a My Commission Expires: May 13, 2012 Prepared by: Dawn Morgan, Hub - International Scheer's 601 Oakmont Lane Westmont IL 60559 0112005 OFFICIAL SAL KELLY GAn(JN�(� LNOTARY PUBLIC • LATE Or ILLINOIS Y COMMISSION U.,,..n..w^ Packet Page -282- POWER OF ATTORNEY _ Ao 2/25/2014 16.A.2. Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Bonnie Kruse, Stephen T Kazmer,Dawn L. Morgan, Peggy Faust, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt,Joel E. Speckman, Heather A Beck,'rariese M Pisciotto ................ its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. INS BOND SAFEGUARD INSURANCE COMPANY t3J s i AN ILL 10015 ) OYPANVE BY (( David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL" MAUREEN K. AYE Notary Pubiic, State of IIIinois My Commission Expires 09/21/13 CERTIFICATE f aureen K. Aye tary Public I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 26th Day of August __ , 20 11 tg° ttusuR,. AN �j 1 ws �c't: 9 Donald D. Buchanan eO'""'"' Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." BSt Packet Page -283- 2/25/2014 16.A.2. Growth Management Division 2800 Horseshoe Drive N. AY CAMty Naples, F! 34104 239 - 252 -2400 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refundable Bonds Cashier Name: Batch Number: RECEIPT OF PAYMENT 2011039986 2011 - 010146 09/07/2011 $4,000.00 Payment Method Amount Paid Check Number Check $4,000.00 0090152311 $4,000.00 $0.00 Pulte Group 100 Bloomfield Hills Pkwy Suite 300 Bloomfield HilisMI48304 Reference Number PL20110001428 EvelynTri mino 2209 Original Amount GL Account Em "I $4,000.00 $4,000.00 670 - 000000 - 220113 Packet Page -284-