Agenda 2/14/2023 Item #16A 4 (BCC of Collier County Water-Sewer District, release the Utilities Performance Security in the amount $28,475.36)16.A.4
02/ 14/2023
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager, or designee, to release the Utilities Performance
Security (UPS) in the amount of $28,475.36 to the Project Engineer or Developer's designated agent for work
associated with Whitaker Woods, PL 20210002607.
OBJECTIVE: To have the Board of County Commissioner, as Ex-Officio Governing Board of the Collier
County Water -Sewer District, release the Utilities Performance Security (UPS) in the amount of $28,475.36, in
accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31, as amended.
CONSIDERATIONS:
1) On January 25, 2022, the Board of County Commissioners (BCC) granted final acceptance of utilities in
Whitaker Woods.
2) Per Utility Ordinance 2004-31 when the actual cost of construction of the utilities being conveyed to the
County exceeds $100,000, a 10% Utilities Performance Security (UPS) is required to be posted by the
developer for the duration of the one-year warranty period which begins on the BCC approval date.
3) The one-year warranty period expired on January 25, 2023, and the Utilities Performance Security (UPS) in
the amount of $28,475.36 can be released.
FISCAL IMPACT: Performance bond securities are held as a development guarantee and released after work is
performed.
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. - DDP
RECOMMENDATION: To authorize the County Manager, or designee, to release the Utilities Performance
Security (UPS) in the amount of $28,475.36. Development Review staff will issue a Memorandum to the Clerk of
Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Utilities Performance Security (PDF)
Packet Pg. 596
16.A.4
02/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doe ID: 24290
Item Summary: Recommendation to authorize the County Manager, or designee, to release the Utilities
Performance Security (UPS) in the amount of $28,475.36 to the Project Engineer or Developer's designated agent
for work associated with Whitaker Woods, PL 20210002607.
Meeting Date: 02/14/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
01/09/2023 9:32 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
01/09/2023 9:32 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Development Review Brett Rosenblum
Engineering & Natural Resources
Growth Management Department
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
County Manager's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jack McKenna
Additional Reviewer
Jaime Cook
Division Director
Diane Lynch
Growth Management Department
James C French
Growth Management
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
CMO Completed
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
01/09/2023 9:57 AM
Additional Reviewer Completed
01/09/2023 10:19 AM
Completed 01/10/2023 7:57 AM
Completed 01/10/2023 12:14 PM
Completed 01/10/2023 2:01 PM
Completed 01/10/2023 7:51 PM
Completed 01/27/2023 9:44 AM
Completed 01/27/2023 9:50 AM
Completed 01/27/2023 10:39 AM
01/30/2023 5:56 PM
Completed 02/01/2023 10:59 AM
Completed 02/02/2023 3:31 PM
02/14/2023 9:00 AM
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16.A.4.a
WHITAKER WOODS
LOCATION MAP
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16.A.4.b
Form 2 - Rev. 2004 (Utilities Performance Bond)
BOND NO: 0811250
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Habitat for Humanity of Collier County, Inc.
It 145 Tamiami Trail East
Naples FL 34113
(hereinafter referred to as "Owner", and
Harco National Insurance Company
4200 Six Forks Road, Suite 1400
Raleigh, NC 27609
(239)262-2600
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter
called "County"), in the total aggregate penal sum of Twenty eight thousand four hundred seventy five
dollars and 361100 ($28,475.36) 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 12
Utilities System Construction Contract, dated the �)O day of J LAP& , 20�, a copy of which is N
hereto attached and made a part hereof; and
WHEREAS the County has a material interest in the performance of said Contract; and
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WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development
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Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance
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and warranty of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) m
thereof constructed within the unincorporated area of Collier County; a-
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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,
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and agreements of said contract during the original term thereof, and any extensions thereof which may be z
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granted by the Owner, with or without notice to the Surety and during the guaranty period established by 2
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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
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16.A.4.b
BOND NO: 0811250
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.
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
18" day of November 2021.
WITNESSES: Hab`tat f 'r umanity of Collier County, Inc.
,4 By.
Printed Name: 1 1 U i%Lisa L ow, CE
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Printed Name:
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THF, FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR nNLINE NOTARIZATION THIS .� DAY OF NOVEMBER 2021, BY
LISA LEFKOW AS CEO OF HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF AS IDENTIFICATION.
Notary Public - State of
Pri ed Name
Mii Public State of Flanda �f• Mishael Gonzalez
My Gommissim GG 980633
Expims 0611312024
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16.A.4.b
WITNESSES:
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Tay r Edwards
Doris Wiggins
STATE OF FLORIDA
COUNTY OF COLLIER
SURETY
Har o ationa ace Company
By: --
Charity A. er, Attorney -In -Fact
ACKNOWLEDGMENT
T FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF �Q�ffYY`
20 BY CHARITY A. MOSER AS ATTORNEY -IN -FACT OF HARCO NATIONAL INSURANCE.
COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF AS
IDENTIFICATION,
Notary Public - State of A-
t.5 C>IN- 9- t-,%
Printed Name
14-EIS-02650/7
ENotary Public State of FloridaLinda R WalkerMy Commission GG 292608
F-xpirea Otlt7l2023
Prepared by: Charity A. Moser, Collier Insurance Agency, LLC
2600 Golden Gate Parkway, Naples FL 34105 (239) 403-6755
01 /2005
(SEAL)
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POWER OF ATTORNEY Bond# 0811250 16.A.4.b
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nev
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute anc
appoint
DOUGLAS E. BAIRD, CHARITY A. MOSER
Naples, FL
their true and lawful attorney(s)-in-fact to execute, sea] and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contra
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIOW
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same h:
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of tl
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limit;
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertaking
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporatii
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execu
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affim
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other writti
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by ti
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the san
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31 st day of December, 2020
STATE OF NEW JERSEY STATE OF ILLINOIS
County of Essex � County of Cook
Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
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On this 31st day of December, 2020 before me came the individual who executed the preceding instrument, to me personally known, and, j_
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and p
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the It
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. a-
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IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
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New Jersey the day and year first above written.
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Shirelle A.Outley a Notary Public of New Jersey V
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My Commission Expires April4, 2023
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CERTIFICATION
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I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certi
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of tt
whole of the said originals, and that the said Power of Attorney has not been revoked and is now
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in, full
�force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, t e/ WQg0AKj " 7r
A02894
Irene Martins, Assistant 5 Packet Pg. 602