Agenda 11/13/2018 Item #16A 611/13/2018
EXECUTIVE SUMMARY
Recommendation to approve final acceptance and unconditional conveyance of the potable water
utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 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 facilities and to release the Utilities Performance Security (UPS) and Final Obligation Bond
in the total amount of $5,912.49, in accordance with the Collier County Utility Standards and Procedures,
Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Walmart #1957 Liquor Store Addition, has constructed the potable water facilities
within dedicated easements to serve this development. (See attached location map).
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
May 23, 2017. At that time, the value of these potable water utility facilities (assets) was $6,983.20.
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 Utility
Facilities Warranty Deed, and Bill of Sale recorded in Official Records Book 5401, at Page 1146, of
the Public Records of Collier County, Florida.
4) The potable water 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 the
Development Review staff on October 8, 2018, in coordination with Public Utilities and these
facilities have been found to be satisfactory and acceptable.
6) 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 $5.912.49.
7) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended.
8) 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 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 $6,983.20 (no depreciation applied).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
16.A.6
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11/13/2018
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 and unconditional conveyance of the potable
water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 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.6
Packet Pg. 525
11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 7004
Item Summary: Recommendation to approve final acceptance and unconditional conveyance of
the potable water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 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
10/09/2018 2:27 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/09/2018 2:27 PM
Approved By:
Review:
Water Steve Messner Additional Reviewer Completed 10/09/2018 2:31 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/09/2018 4:30 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/10/2018 11:41 AM
Water Pamela Libby Additional Reviewer Completed 10/15/2018 9:18 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/15/2018 12:54 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/15/2018 3:22 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/15/2018 3:27 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/16/2018 9:59 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/16/2018 5:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2018 7:11 AM
County Attorney's Office Emily Pepin CAO Preview Completed 10/17/2018 1:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/22/2018 9:16 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/22/2018 10:30 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 3:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
16.A.6
Packet Pg. 526
WALMART #1957 LIQUOR STORE
LOCATION MAP
16.A.6.a
Packet Pg. 527 Attachment: Location Map (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $1,912.49 09248903
Final Obligation Bond $4,000.00 2017400715
Total Amount $5,912.49
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.6.b
Packet Pg. 528 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
VERIFICATION OF FINAL COST
WALMART LIQUOR BOX EXPANSIONPROJECT NAME
11225 TAMIAMI TRAIL NORTH, NAPLES, FL 34110LOCATION
NAME & ADDRESS OF OWNER WALMART STORES EAST, LP
2001 SE 10TH STREET
BENTONVILLE, ARKANSAS 72716
POTABLE WATER (MATERIAL AND SERVICES)TYPE OF UTILITY SYSTEM:
QUAN. UNIT COST TOTALSIZEITEM
LF $27.92
EA $441.66
EA $32500
EA $875.00
EA $3,974 15
LF $1527
$8 376.00
$5.299 92
$325 00
$875.00
$3,974 15
$274 86
$19,124 93 ✓
8"300C900 DR14
45 MJ
MJ TEE
GATE VALVE
HYDRANT ASSEMBLY
C900 DR14
8"12
8"1
6"1
1
6"18
TOTAL COST
I do hereby certify that the quantities of material described above are a true and accurate representation of the
system being contributed to Collier County Utilities
CERTIFYING:
/
A
MARTY THOMPKINS, PRESIDENT
OF THOMPKINS CONTRACTING, INC
3507 LEE BLVD, SUITE 230
LEHIGH ACRES, FL 33971
FLORIDASTATE OF
COUNTY OF LEE
The foregoing instrument was signed and acknowledged before me this 1ST day of MARCH , 2017 by MARTY
THOMPKINS who is personally known to me X_ OR who produced identification____
Type of Identification Produced
v rn-Seal ETHEL M. THOMPKINS
Notary Public - State ot Florida
My Comm. Expires Jan 23. 2019
Commission # FF 164142
f-Notary Public
v*:W
-•sr
16.A.6.b
Packet Pg. 529 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
Form 2 -Rev. 2004 (Utilities Performance Bond)
Bond No. 09248903 TR#9552
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that Wal-Mart Store East, LP dba Store
1957, 2001 SE 10TH St, Bentonville, AR 72716-5570 (hereinafter referred to as "Owner"), and
Fidelity and Deposit Company of Maryland, 1299 Zurich Way, Schaumburg, IL 60196
hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
hereinafter called "County"), in the total aggregate penal sum of ONE THOUSAND NINE
HUNDRED TWELVE DOLLARS AND 49/100($1,912.49) 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 the 31st day of October, 2016, 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, 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.
41
16.A.6.b
Packet Pg. 530 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
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
27th day of_March 20 17
Owner Signature: C5 '
Witness Signature: 1,a-1 "Y y u_JLI .,
Notary:
State of Arkansas
County of Benton
wo t`and subscriber beforebeJme on this day of 1C(, 20 ill , by
r 'T t
J S personally known x or Produced Identificatio
CRYSTAL UPHOFF
NOTARY PUBLIC
Notary Seal:
My
CommissionBenton
County.Arkansas10/10/2028 Notary Signatur __ .
Commission Number 12 61088 4ir
NOTE: Collier County shall not accept any Letters of Credit that cannot be
presented in Florida.
Surety Signature: ,, 1 A/
Surety Witness Signal
Notary:
State of Missouri
County of_St. Louis
Sworn to and subscriber before me on this 27th day of_March 20_17 by
JoAnn R. Frank personally known_as Attorney-in-Fact for Fidelity and
Deposit Company of Maryland or Produced Identification
Notary Signature:
SANDRA L. HAM
Notary Public, Notary Seal
State of Missouri
St. Louis County 42
Commission # 124501 77
My Commission Expires January 18, 2021
16.A.6.b
Packet Pg. 531 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
Prepared by: JoAnn R. Frank
Address: Marsh USA Inc., 701 Market Street, St. Louis, MO 63101
Signature of Preparer: ° (60.1 - /'W'''
Ci
F on Resident License No.: '1 46340
Witnes,"' ,A1 1
01/2005
43
16.A.6.b
Packet Pg. 532 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute,and appoint Pamela A.BEELMAN,Cynthia L.CHOREN,Heidi A.NOTHEISEN,Joann R.FRANK,Karen L.ROIDER,
Debra C. SCHNEIDER,Sandra L.HAM and Brittany D. CLAVIN,all of St.Louis,Missouri, EACH its true and lawful agent and
Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and
undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as
fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of October,A.D.2016.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL to:
7 S un u'. tees '
f
BY
Secretary Vice President
Eric D.Barnes Michael Bond
State of Maryland
County of Baltimore
On this 17th day of October,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL
BOND,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described in and
who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said
officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate
Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
11,1%"
Maria D.Adastikkf,Notary Public
My CommistiOn_Expires;Jufi 8;2019
POA-F 079-0626B
16.A.6.b
Packet Pg. 533 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
EXTRACT FROM BY-LAWS OF THE COMPANIES
Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this _27_day of March 20_17•
O o[py., G..INS. 4
Qa, °w,o g4y0p
s apt`'- :: áJs-...,4-. ....
0=g1989a
4„, Tei,
6,44, -? /./t
Gerald F. Haley,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
16.A.6.b
Packet Pg. 534 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2017400715
Transaction Number:2017-024191
Date Paid:04/19/2017
Amount Due:$4,000.00
Payment Details:Payment Method Amount Paid Check Number
Check $4,000.00 9521695
Amount Paid:$4,000.00
Change / Overage:$0.00
Contact:WAL-MART STORES INC
702 SW 8TH ST # 1957
BENTONVILLE, AR02H0
727166209
,
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Utility Performance
Refundable Bond
PL20170000924 $4,000.00 $4,000.00 670-000000-220113
Cashier Name:MartinRuedy
Batch Number:6283
Entered By: melissaalvarez
16.A.6.b
Packet Pg. 535 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
WALMART LIQUOR BOX EXPANSIONPROJECT NAME
11225 TAMIAMI TRAIL NORTH, NAPLES, FL 34110LOCATION
NAME & ADDRESS OF OWNER WALMART STORES EAST, LP
2001 SE 10TH STREET
BENTONVILLE, ARKANSAS 72716
POTABLE WATER (MATERIALS ONLY)TYPE OF UTILITY SYSTEM
QUAN. UNIT COST TOTAL| ITEM SIZE
LF $804
EA $49 74
EA $56 18
EA $103.32
EA $45293
EA $1,615.13
LF $4.68
$2,412.00
$1,641.42
$674.16
$103 32
$452 93
$1,615.13
$8424
$6,983.20
8"300C900 DR14
RESTRAINTS
45 MJ
MJ TEE
GATE VALVE
HYDRANT ASSEMBLY
C900 DR14
8" 33
128"
18"
6"1
1
186"
TOTAL COST
I do hereby certify that the quantities of material described above are a true and accurate representation of the
system being contributed to Collier County Utilities
CERTIFYING:
"7
£
MARTY THOMPKINS, PRESIDENT
THOMPKINS CONTRACTING, INC
3507 LEE BLVD, SUITE 230
LEHIGH ACRES, FL 33971
OF
FLORIDASTATE OF
COUNTY OF LEE
The foregoing instrument was signed and acknowledged before me this 1ST day of MARCH . 2017 by MARTY
THOMPKINS who is personally known to me X_ OR who produced identification_____
Type of Identification Produced
(r
Y
*Seal
-ETHEL M. THOMPKINS
\ Notary Public - State ol Florida
/ My Comm Expires Jan 23. 2019
Commission # FF 164142
tw
:%nNotary Public
16.A.6.c
Packet Pg. 536 Attachment: Assets Sheet (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)