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Agenda 11/13/2018 Item #16A 311/13/2018 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the sewer facilities for Haldeman’s Landing, PL20160000052, accept unconditional conveyance of a portion of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $23,641.23 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 of the sewer facilities, accept unconditional conveyance of a portion of the sewer facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $23,641.23, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of Haldeman’s Landing, has constructed the sewer facilities within dedicated easements to serve this private development (see attached location map). A portion of the sewer facilities will be conveyed to the County, as described in Official Records (O.R.) Book 5297, Page (PG) 3456. The remaining sewer facilities will be private. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on March 30, 2016. At that time, the value of these sewer utility facilities (assets) was $45,460. (See attached asset sheet). 3) Staff recorded all preliminary acceptance documents associated with the sewer facilities 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 interest in a portion of the sewer facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 5297, at page 3456 of the Public Records of Collier County, Florida. 4) The sewer utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) A final inspection to discover defects in materials and workmanship has been conducted by staff on September 20, 2018, in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The on-site sewer utilities, less the sewer utilities described in O.R. Book 5297, PG 3456, are owned and maintained by the developer. 7) Staff recommends final acceptance of the subject utility facilities and to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of $23,641.23. (See attached Exhibit A). 8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 9) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. 16.A.3 Packet Pg. 487 11/13/2018 FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to a portion of the sewer utility facilities, which at the time of preliminary acceptance, had a total gross value of $45,460 (no depreciation applied). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval -SAS RECOMMENDATION: To approve final acceptance of the sewer facilities for Haldeman’s Landing, PL20160000052, accept unconditional conveyance of a portion of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $23,641.23 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 3. Assets Sheet (PDF) 16.A.3 Packet Pg. 488 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 6873 Item Summary: Recommendation to approve final acceptance of the sewer facilities for Haldeman’s Landing, PL20160000052, accept unconditional conveyance of a portion of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $23,641.23 to the Project Engineer or the Developer’s designated agent. Meeting Date: 11/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 09/26/2018 1:17 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/26/2018 1:17 PM Approved By: Review: Wastewater Steve Nagy Additional Reviewer Completed 09/26/2018 2:05 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 09/26/2018 3:58 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/27/2018 9:25 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 09/28/2018 4:14 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 09/28/2018 4:54 PM Wastewater Beth Johnssen Additional Reviewer Completed 10/01/2018 10:16 AM Growth Management Department Matthew McLean Additional Reviewer Completed 10/09/2018 9:30 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/09/2018 9:50 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/10/2018 11:24 AM Growth Management Department James C French Deputy Department Head Review Completed 10/10/2018 5:37 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 7:50 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 9:27 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 1:31 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/19/2018 10:47 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 11:47 AM 16.A.3 Packet Pg. 489 11/13/2018 Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.3 Packet Pg. 490 HALDEMAN’S LANDING LOCATION MAP 16.A.3.a Packet Pg. 491 Attachment: Location Map (6873 : Final Acceptance of Utilities - Haldeman's Landing) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $19,641.23 929608948 Final Obligation Bond $4,000 2016297622 Total Amount $23,641.23 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, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost 2. Receipt of Payment 16.A.3.b Packet Pg. 492 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) 16.A.3.b Packet Pg. 493 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) Form 2 - Rev. 2014 (Utilities Performance Bond)Bond No. 929608948 UTILITIES PERFORMANCE BOM) KNOW ALL PERSONS BY THESE PRESENTS: that Standard Pacific of Florida, a Florida general partnership 825 Coral Ridge Drive Coral Springs, FL 33071 (hereinafter referred to as "Owner", and The Continental Insurance Company 4150 N. Drinkwater Blvd., Suite 410 Scottsdale, AZ 85251 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of Nineteen Thousand Six Hundred Forty One and 23/100 Dollars ($19,641.23) 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 entered into a certain Utilities System Construction Contract, dated November 12.. 20L4, a copy of which is hereto attached and made a part hereof; and 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; NOW. T HEREFORE, 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. 16.A.3.b Packet Pg. 494 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) 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. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to 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 15th day of January. 2016. Standard Pacific of Florida, a Florida general partnership By: Standard Pacific of Florida GP, Inc., a Delaware corporation, Its managing general partner WITNESSES: By: ^Printed Name^r^^y /7?uSJo Printed Name/Tttte^^ (Provide Proper Evidence of Authority) PATRICK A. GONZALEZ Vice President Land Development & J/l/zyJ 6 hu.cW.yPrinted Name NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. ACKNOWLEDGEMENT OF PRINCIPAL STATE OF COUNTY OF ) i L , in the year 1 ° , before me personally came to me known, who, being by me duly swdrn, did depose and say that V he/she resides in _______that he/she is the Vf cA Standard Pacific of Florida GP, Inc, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. On this_J/“) of SIVAN SHACHAR (? t *j MY COMMISSION #FF007026 yV,^ EXPIRES April 10. 2017 (407^ 358-0153 FloridaNotaryService.com------ Notary Public 16.A.3.b Packet Pg. 495 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) The Continental Insurance CompanyWITNESSES: 7By: Tracy Aston, Attorney-in-Fact (Provide Proper Evidence of Authority) Mistyw right \UAJLAIKelly Rowley See Attached California All-Purpose Acknowledgment ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF , before me personally came to me known, who, he/she resides in ___________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. On this being by me duly sworn, did depose and said that he/she is the ____________ day of , in the year of Notary Public Prepared by: Tracy Aston Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd., Suite 2600 Los Angeles, CA 90017 12/2014 16.A.3.b Packet Pg. 496 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles JAN 1 5 2016On before me, Edward C. Spector. Notary Public, personally _____who proved to me on the basis of satisfactory evidence toappeared be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that h^/she/th#¥ executed the same in b*s/her/tfe#*¥ authorized capacity(f#s), and that by h*s/her/tb#b signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Tracy Aston I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public m tEDWARD C. SPECTOR Commission # 2081674 Notary Public - California I Los Angeles County My Comm. Expires Sep 24. 2018 mtn > i 16.A.3.b Packet Pg. 497 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Tracy Aston, Tom Branigan, Edward C Spector, Kristine Mendez, Benjamin Lee Wolfe, Daravy Mady, Lisa K Crail, Simone Gerhard, B Aleman, K D Conrad, Individually of Los Angeles, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of August, 2014. The Continental Insurance Company .45 A*:£o*. / POZ o:o *;*.o /Lv • .»• Paul T. Brutlat Vice President State of South Dakota, County of Minnehaha, ss: On this 27th day of August, 2014, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. I!J. MOHR NOTARY PUBLIC SOUTH DAKOTA (@)f!<S) My Commission Expires June 23, 2015 Notary PublicJ. Mohr CERTIFICATE I, D. Bull, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of JAN l 5 2016 The Continental Insurance Company 0A v.bs:z o*/ VO &•O Tij a-V. Assistant SecretaryD. Bult Form F6850-4/2012 16.A.3.b Packet Pg. 498 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP, INC. The undersigned, constituting all of the directors of Standard Pacific of Florida GP, Inc., a Delaware corporation (the "Corporation"), take the following action by written consent in lieu of a meeting of the Board of Directors pursuant to Section 141(f) of the General Corporation Law of the State of Delaware: ELECTION OF OFFICERS RESOLVED, that the following persons hereby are elected as officers of this Corporation, to such office as appears opposite their respective names, their terms of office to commence immediately and to continue until their successors shall be duly chosen and qualified or until their earlier resignation or removal: David Pelletz Daniel A. Grosswald Raymond James Birkholz David J. Bulloch Alexis K. McIntyre Justin Cook David R. Stanton Jerry Tomberlin Jr. Michael Metzkes John Mirabile Denise Adams Stephen Polachek Douglas C. Guy Richard M. Woodley Charles Bolen Barry Karpay Maurice Rudolph Patrick Gonzalez Harmony Michelle Munger Peter Winter Pierre De Amezola Steven Dassa Shawn M. Starr Garth H. Noble Michael S. Miller Thomas Russell Spcncc Matthew Lovo Michelle Bogarin President - Southeast Region Division President Division President Division President Vice President - Finance Vice President - Finance Vice President - Finance Vice President - Operations Vice President - Operations Vice President - Operations Vice President Vice President - Development Vice President - Construction Vice President - Construction Vice President - Construction Vice President - Land Operations Vice President - Land Operations Vice President - Land Development Vice President - Sales & Marketing Vice President - Sales & Marketing Vice President - Sales & Marketing Vice President - Purchasing Vice President - Purchasing Land Development Manager Director of Construction Director of Master Plan Operations Director of Purchasing Closing Coordinator RESOLVED FURTHER, that the above-listed persons be, and each of them hereby is, authorized to negotiate, approve, execute and deliver, as designated officers of the Corporation, land purchase and option agreements, joint venture agreements, financing agreements, development, land use and other entitlement applications and agreements, and all other agreements and documents relating to the real estate development and construction business conducted by this Corporation (including in its capacity as a partner in a partnership or member of a limited liability company), and 1508027JLK 16.A.3.b Packet Pg. 499 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) % RESOLVED FURTHER, that the foregoing persons and positions are the only officers of the Corporation at this time and any other officers of the Corporation are hereby removed from office. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent as of the 22nd day of September, 2015. Scott D. Stowe 11 n L :CallJei 1508027JI.K 16.A.3.b Packet Pg. 500 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) RS Standard Pacific Homes GENERAL SCOPE OF WORK Regatta Land Development TABLE OF CONTENTS SCOPE OF WORK GENERAL ITEMS INSPECTION PRIOR TO INSTALLATION LAND DEVELOPMENT REQUIREMENTS WARRANTY, MAINTENANCE, CLEAN-UP, GUARANTEE GENERAL SPECIFICATIONS JOB RULES STANDARD PACIFIC HOMES CODE OF BUSINESS CONDUCT AND ETHICS PRICE SCHEDULE PRODUCT SPECIFICATIONS A 1 B 1 C 2 D 2 E 2 F 2 G 6 H 6 I 7 J 8 Mitchell & Stark Const. CO. Inc. (aka,Trade Partner), except as may be hereinafter noted, hereby agrees to furnish all labor, materials (per contract), equipment, transportation, services facilities, and competent supervision incidental thereto, as necessary to complete all contract work in strict compliance with approved plans, details and specifications with all subsequent revisions dated through the date of this Work Agreement. All work shall comply with recommendations of manufacturer, OSHA requirements, and all applicable codes and requirements of all governmental agencies having jurisdiction thereof, and as needed for a complete and proper installation. Trade Partner shall furnish all necessary licenses, permits (if applicable), insurance and taxes required for the work described herein. All work includes (but is not limited to) the following: A. SCOPE OF WORK 1. Provide all material, labor and tools required to complete the Earthwork, Water, Drainage & Paving. The work performed by the Land Development Trade Partner shall include, but not be limited to, Earthwork, clearing/ grubbing, demucking, lake & site excavation, exporting fill, site grading, Roadwork, water & drainage installation. 2. Work performed under this contract shall be in strict accordance with the quality standards of the Builder, the Developer, and all local and state requirements. 3. Exhibit A will refer to approved plans, Exhibit B will refer to executed proposal, Exhibit C will refer to agreed schedule. B. GENERAL ITEMS 1. Approved Plans & Specifications: All work shall be according to requirements as outlined in the Engineering Plans and Specifications, Exhibit A. The Trade Partner is to take responsibility for coordinating with owner regarding any questions and/or conflicts between plans and specifications, plot plans. 2. Construction Schedule: Trade Partner shall furnish sufficient men and materials to complete pre­ determined production rate as directed by the owner, Exhibit C. 3. Inspection of Site: Trade Partner has personally visited the site prior to the contract award and has verified all existing conditions and has negotiated the final contract price accordingly to be inclusive of a total and complete installation. 4. Pricing: Pricing will be established by bid totals previously supplied and agreed upon by trade partner and owner, Exhibit B. 5. Coordination with Other Trades: Trade Partner shall fully cooperate with other trades to minimize extras and to facilitate the work of other trades and without loss of time or inconvenience to them. Date Last Modified: 09/01/09 Date Printed: 5/02/14 Page 1 of 8 Trade Partner: Builder: 16.A.3.b Packet Pg. 501 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) WORK AGREEMENT Regatta Land Dcvelopement_______ This Work Agreement is entered into on Standard Pacific of Florida GP, Inc. ("Owner ) Mitchell & Stark Const. CO. Inc. ("Contractor") in consideration of the mutual covenants hereinafter set forth. Project: Nov 7 , 2014, by and between Work Subject to Master Agreement. This Work Agreement is issued pursuant to that certain Master Agreement between Owner and Contractor, as currently in effect as of the date of this Work Agreement. This Work Agreement specifically incorporates herein by reference all of the terms and conditions of said Master Agreement as if set forth in full herein. 1. Scope of Work. Contractor agrees to perform and complete the work set forth in Exhibit A at the Project identified above for the Contract Price set forth in Exhibit B. Owner agrees to pay Contractor the Contract Price for strict performance of Contractor's obligations under the Master Agreement, this Work Agreement and all exhibits thereto 2. My signature below acknowledges that I have seen, read, and understand the Master Agreement, this Work Agreement and all exhibits thereto. / V V l ^ <£. K j. S> h h. Uvpf. e <->. JAAl- STANDARD PACIFIC OF FLORIDA GP, INC.By: Print Name: ^r By:-—> ft- y vW lM^) Its:Print Name: Its: Ii XDate:Date:ft License Number: C. c»y C G ~2-o 9-12-13 1309016DH 16.A.3.b Packet Pg. 502 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2016297622 Transaction Number:2016-004260 Date Paid:01/25/2016 Amount Due:$4,000.00 Payment Details:Payment Method Amount Paid Check Number Check $4,000.00 71002451 Amount Paid:$4,000.00 Change / Overage:$0.00 Contact:STANDARD PACIFIC OF FLORIDA GP INC (DBA) STANDARD PACIFIC HOMES 405 N Reo Street Suite 330 Tampa, 33609 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Refundable Bonds PL20160000052 $4,000.00 $4,000.00 670-000000-220113 Cashier Name:AmandaBayoumi Batch Number:5026 Entered By: melissaalvarez 16.A.3.b Packet Pg. 503 Attachment: Exhibit A (6873 : Final Acceptance of Utilities - Haldeman's Landing) 16.A.3.c Packet Pg. 504 Attachment: Assets Sheet (6873 : Final Acceptance of Utilities - Haldeman's Landing)