Agenda 09/26/2017 Item #16A1509/26/2017
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for
Berkshire Place, PL20150001414, accept unconditional conveyance of a portion of the potable
water 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 $12,984.80 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 potable water and sewer facilities,
accept unconditional conveyance of a portion of the potable water facilities, and to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total amount of $12,984.80, in accordance
with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Berkshire Place, has constructed the potable water and sewer facilities within
dedicated easements to serve this private development (see attached Location Map). A portion of the
potable water facilities will be conveyed to the County, as described in Official Records (O.R.) Book
5207, Page (PG) 1263. The remaining potable water facilities and all sewer facilities will be private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
September 15, 2015. At that time, the value of these potable water utilit y facilities (assets) was
$2,225. (See attached Asset Sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water facilities
conveyed to the County in the public records of Collier County, which were reviewed and appro ved
by the County Attorney’s office as to form and legality. The County acquired its interest in a portion
of the potable water facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in O.R.
Book 5207, at PG 1263 of the Public Records of Collier County, Florida.
4) The potable water and 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
July 11, 2017, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) The on-site potable water and sewer utilities, less the potable water utilities described in O.R. Book
5207, PG 1263, 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 $12,984.80. (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.15
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09/26/2017
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 a portion of the potable water utility facilities, which at the time of
preliminary acceptance, had a total gross value of $2,225 (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 potable water and sewer facilities for
Berkshire Place, PL20150001414, accept unconditional conveyance of a portion of the potable water
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 $12,984.80 to the Project Engineer or
the Developer’s designated agent.
Prepared by: Melissa Alvarez, Operations Coordinator, Development Review Division
ATTACHMENT(S)
1. Location Map - Berkshire Place (PDF)
2. Asset Sheet - Berkshire Place (PDF)
3. Exhibit A - Berkshire Place (PDF)
16.A.15
Packet Pg. 681
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 3492
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for Berkshire Place, PL20150001414, accept unconditional conveyance of a portion of the
potable water 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 $12,984.80 to the Project
Engineer or the Developer’s designated agent.
Meeting Date: 09/26/2017
Prepared by:
Title: Operations Coordinator – Growth Management Development Review
Name: Melissa Alvarez
07/13/2017 4:08 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/13/2017 4:08 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/13/2017 4:10 PM
Water Pamela Libby Additional Reviewer Completed 07/14/2017 10:19 AM
Water Steve Messner Additional Reviewer Completed 07/14/2017 10:21 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/14/2017 3:46 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 07/18/2017 5:59 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/19/2017 9:41 AM
Growth Management Department Melissa Alvarez Level 2 Division Administrator Skipped 07/13/2017 11:04 AM
Growth Management Department James French Additional Reviewer Completed 07/20/2017 11:11 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2017 11:37 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/09/2017 8:58 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/09/2017 2:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/14/2017 4:45 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:25 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.15
Packet Pg. 682
16.A.15.a
Packet Pg. 683 Attachment: Location Map - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire
TIFICATION OF CONTRIBUTORY ASSF-'
BerkShrre Place
Localron Section 32, Townshrp 49 South, Range 26 East, Co rer County. Ftorda
7335 Rad,o Road
Naples, FL 34104
Owner: Berkshre Equrty, LLC
4653 Trueman Etvd . Su(e 100
Hittrard. OH 43026
TYPE OF UTILITY SYSTEM POTABLE WATER
llem
c
Quantrty Unrt Unrt Pflce Tolal Pnce
Potable Water Meler Assembly I 8" Tapping
Sleeve and Valve
Potable Water Total 3 2,I2S.OO
ldo hereby cerlrfy thal the quantrtres ol matenals descflbed above are a true and an accurate representatron
of the system.
CERTIFYING
Jayson
OF
rnck Vrce Presrdent
Haleakala Constructlon
5758 Taylor Road
Naples Flonda 34 '1 09
STATE OF FLORIOA )
)SS
COUNry OF COLLIER )
The toregoing rnstrument was srgned and acknowledged before me thrs 23rd dayofJune 2015 by
Javson Oreschnck . who ts personafiy known lo me and wto drd not take an oath
SEAL
1 EAS 2.225 00 S
t[oac ]ofl
W CCUISS,OTi , tt 1U3€
EXPF€S r.bl,r..l ?1. 2ol9
6od.. Ir! .urt FJ!< r.Eadta
,inda 1l'1r/,*.
16.A.15.b
Packet Pg. 684 Attachment: Asset Sheet - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
The 10% UPS Bond, if applicable, is based on the total amount ofthe 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
Amount Receipt Number
S8,984.80 Bond No. 7716574
Final Obligation Bond S4,000.00 2075266256
Total Amount S12,984.80
10% UPS Bond
16.A.15.c
Packet Pg. 685 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
VERIFICATION OF FINAL COST
Berkshire Place
Location: Section 32, Township 49 South, Range 26 East, Collier County, Florida
7335 Radio Road
Naples, FL 34104
Owner: Berkshire Equity, LLC
4653 Trueman Blvd, Suite 100
Hilliard, OH 43026
ryPE OF UTILITY SYSTEM: POTABLE WATER
Quantity Unit Unit Price Total Price
Water Meter Assembly
1-'l /2" Sch.80 PVC
1-'l /2" Gate Valve
Fire Meter Assembly
8" C900 C1200 PVC
6" CgOO CL2OO PVC
4" C900 C1200 PVC
Fire Hydrant Assembly
4" Check Valve
FDC
PIV
Fire Riser
1
209
1
1
195
24
188
1
1
1
1
1
EA
LF
EA
EA
LF
LF
LF
EA
EA
EA
EA
EA
$2,225.00
$6.6s
$210.00
$9,931.50
$18 33
$13.81
$10.74
$4,117.56
$1,248.20
$1,602.60
$2,132 60
$900.50
$
c
o
$
Q
G
$
$
2,225 00
1 ,389.85
210.00
9,931 50
3,574.35
331 .44
2,019.12
4,117 66
1,248.20
1,602.60
2,132.60
900 50
Potable Water Total S
I do hereby certify that the quantitles of material and services described above are a true and an accurate
representation of the system.
CERTIFYING:
Jay
OF:
chinck, Vice President
Haleakala Construction
5758 Taylor Road
Naples, Florida 34109
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 23rd day of June, 2015 by
29,682.82
a Oreschnick , who is personally known to me and who did not take an oath
SEAL
Item
uto lumll
MY CotAfiSSlo r FF 17!638
EXPIRES: February 21, 2019
Bo.dd Thru l{otsiy F|uUi. (Jnd. riE6
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Packet Pg. 686 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
VERIFICATION OF FINAL COST
Berkshire Place
Location: Section 32, Township 49 South, Range 26 East, Collier County, Florida
7335 Radio Road
Naples, FL 34104
Owner: Berkshire Equity, LLC
4653 Trueman Blvd, Suite 100
Hilliard, OH 43026
TYPE OF UTILITY SYSTEM: SANITARY SEWER
Item Total Price
1
180
476
10
I
7
2
1
EA$
LF$
LF$
EA$
EAS
EA$
EA$
EA$
2,215.00
27.91
12.39
s65 00
4,456.72
4,510.00
2,675.00
2.00
2,215.00
5,023.80
5,897.64
5,650.00
4,456.72
31,570 00
5,350.00
2.00
$
$
$
$
a
a
$
Sanitary Sewer Total t 00,165.16
I do hereby certify that the quantities of material and services described above are a true and an accurate
representation of the system.
CERTIFYING:
Jayson
OF:
inck, Vice President
Haleakala Constructaon
5758 Taylor Road
Naples, Florida 34109
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 23rd day of June, 2015 by
nick , who is pe nally known to me and who did not take an oath
UNDA MIION
MY COIIM|SSON r FF 170638
EXPIREST F6brurry 21, 2019
Boidaa Ihru No{ary Pulic Uid6wbB
Quantity Unit Unit price
Connect to existing MH
8" PVC Sanitary Sewer (SDR 26)
6" PVC Sanitary Sewer (SDR 26)
6" Clean Out
Manhole 4' Diameter (0' - 6' cut)
Grease Trap - Scheir GB-250
Grease Trap - Scheir GB-75
TV Sewer
SEAL:
4.,
f
16.A.15.c
Packet Pg. 687 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
Collier County
Growth Management Division
28O0 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
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:
Entered By:
20L5266256
20t5-046724
08/25/20ts
$4,000.00
Pavment Method
Check
$4,000.00
$0.00
Equity Inc,
4653 Trueman Blvd,
Hilliard, OH 43026
Reference Number
P120150001414
Lea De re n ce
4686
melissaa lvarez
Amount Paid
$4,000.00
Check Number
L7771
Oriqinal
Fee
$4,0 00.0 0
Amount
Paid
$4,0 00.0 0
GL Account
670-000000-2 201 13
16.A.15.c
Packet Pg. 688 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
Form 2 - Rev.20l4 (Utilities Performance Bond)
UTILITIES P
KNOW ALL PERSONS BY THESE PRESENTS; that
Bond No. 1116574
CE BOND
Berkshire Equity, LLC
4653 Trueman Blvd.
Hilliard, OH 43026
(hereinafter referred to as "Owner", and
Lexon lnsuranc€ Company
10002 Sholbyville Road, Suite 100
Louisville, KY 40223
(hereinafter refened to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafteL called "County"), in the total aggregate penal sum of erglr/ lhousand trine
huutlred eighty-four dollors a d eight! cenls ($8,984,80) in lawful money of the United
States, for the payment of which sutn well and truly to be made, we bind ourselves, our heirs,
exeouto$, adminishators, successors, and assigns, jointly and severalJy, fir'ntly 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 irto a
certain Utilitics System Construction CoItract,dated June 6 2Qu-'
a copy of which is heretd attached and made a part hereof; and
WHEREAS the County has a material interest in the performance ofsaid Coutract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land
Development Regulations") concerning the Owner's obligations to the County regarding the
constructiol, conveyance and warranty of potable water and/or wastewater system(s) or
portion(s) thereof constructed within the unincorporated area ofCollier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform jts obligations and
duties to the County under said Land Development Regulations and all the undertakings,
covenants, terms, conditions, and agreements of said contraot during the original term thereof,
ard any extensions thereofwhich may be granted by tlte Owner, \,r'ith or without notice to the
Surety and during the guaranty period established by the County, and thereafter, and if the
Owner shall satisff all claims and detnands ittcurred under suclt contract, and sltall fully
indemnifu and save ltarmless the County from all costs and damages which it may suffer by
reason of failure to do so, and sltall reimburse and repay the County all outlay and expense
16.A.15.c
Packet Pg. 689 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
which the county may incur in rnakirtg good ony defau|t, lhen this obligation shall be void,
otherwise to remaln in full force and effect.
PRoVIDED, FURTHER, that the ssid Surety, for value received hereby, stipulales and agrees
that no changc, cxtetlsiou oflirne, sltcration or sddition to thc tcrms ofthe contract or to work
to be pcrformcd thcrcunder, or the spocificaliolls rccompanying same shall in arry way affeor
irs obligation on rhis Bond, and does hereby rvaive notice of any such uhnnge, extension of
tirne, alteration or addition to thc trrms ofthe contract or to the wolk or to lhe sPcoificotions.
PROVIDED, FURTHER, that it is exPressly agrecd that thr bond shall bc decmed amcnded
automatically and immediately, without formal and seParate arnendments hereto, upon
amendmcnt to the Contrast not incrcasing the contract Price lnore than wenty percent (2070),
so ss to bind the owner and the Surcty to the full and faithful performance ofthc contract as so
arnendcd. The term "Amendmont", rvherever used in this bond, snd \ hether referring to this
bond, the Contract or other documen$ shall include any alteration, addition or modific8tion of
ar)y character whatsoever.
IN WITNESS VHEREOF, the psrties horeto havQ caused this Instrumcnt to be executed this
c
By
Notary lor Corpo,alion
Pdolod Namo or Trli€4-w:_1,-k"<,
ln.urEnc€ Compony
who is por5onally knov/n (x)
B
Stal€ ot:
Counly ol: JsneGon
The lorgolnt lnBlrum€llt w6s acknowled96d
baforo m.lhl. 12lh dayorAuguit, 2015 by
Eonnl€ J. Wo.lham
Th6 lorgoing in.trumentwai ackno\,vl€dged
( +{v^i^ l,
\vho l! pet3ohally knolvn
-X-or who producad ldsnlificollon (lype)
My Commssloo Expkesr_
or who produced Idonfilicslion (lype)t)
Not"tyPubt. -$W-$q!-
lill Ksmp
My Commsslon Erpl.6s: Novtmbor 29. 2015
11{0I&l.Rr.-co5DAt,r"MtryB, su ,r orro
lliy cotrltflrrs,'. .xptEthn dsto
htl;.or q c.
'wffi
4lh Aususl ,20ja_.
ay,fW
4 z'z---
16.A.15.c
Packet Pg. 690 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)
POWER OF ATTORNEY
Lexon lnsurance Gompany
KNOW ALL MEN BY THESE PRESENTS, IhA
Louisville, Ksntucky, does hereby conslltute and appoint:
t LEXON INSURANCE COMPANY, a Texas Corporalon, with its principat offico in
mond M- H D
N4e ca NowlinTheresa Plckerrell, Shervon Oulnn, Bonnie J. Wonham its tru€ and lawful Atlorney(s).ln-Fact to make, sxecute. s€at and deliver lor, and on itsbohalf as surety, sny End all bonds, underlakings or oth6 r writlngs obllgatory in naluro of a bond
This aulhorllv is mad. unrlAr and by lhe authority of a rssolullon whlch was passed by the Board of Directors of LEXON INSuRANCECOMPANY on th€ 13r day of July, 2003 as foitows:
that th Preside nt of th e C om pany s he reby a ul horizod to appo int and e mp a ny re p re s en ta tive of the c om pa n v o o
p erson o p e son s Attorney-F a c lo ex ecute o n b e halt of lhe c o m pany any b onds,u do rt a ki ngs p ol tc te S con kact s of ind emn ilv ot h
writlng s n ol a bond n ot o exc eed $F our lvi llio n d oi ars h ich the Co mpa n n1 ig ht ox e c te through its d U
el ected a n d flix the SE al of rh C omp any v sa id execu tlo of such d o cu me n 1s by an tlo rn ey n -F a ct shal b I a s b indi I po n
the Com pa ny AS lhey d ly exe cut€d and ackn owl o d s ed by lh o reg atly el ected otfl ce rS of th 6 UO m pa n v so
app or nled,may bo rem ove d tor 9o od cat se a nd the au th o i v S o granted ma be as s pec ifi ed h e Power ttorney
Resolved, that the slgnature of the Presldent and lhe seal oflhe Company may be aflixed by facsimils on any power of allorney granted,
and the slgnaturo of the Assistant Secretary, and the ssal of the Company may be amxed by facsi;ile to any cerlifiiate of aoy such joier anj
any such power or certlficate bearing such facsimil€ signature and seal shall be valid and binding on the Company. Any such power 90 executed
and sealed and certillcate so execuled and sealed shall, with respect to any bond of undertaklng to r,lhich il is al6ched, contlnue to be valid andbinding on the Company.
lN wITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrumont to be slgned by its President, and its Corporate
Seal to be amxed this 21st day of May, 2015.
BY
E ampbel
Prosidenl
ACKNOWLEDGEMENT
On lh S 2 st day of lvlay 2 0 5 b efo me pe rson a v cama D a vi d E c a mp b el to m e who be d ul v swo n di d dep os and thheslhePresdentLEXONNSURANcEcoMPNYth
say aocorporattondescribedinandchexecUledtheabovenstrumBt;h al h e c teddhaolLIsanslrunbehacorporationbyauthorLtyofhSofficsundortheBy-law s of sa id co rpo ta tio n
Ji:rileiz
':ttr.'-:-
'h,"s'
AMY L- TAYLOR
Nolary Publlc. Statc o, Tennessc!
Davidson Co!nty
Mv Commission Exoires 01.09-16
BY tt
ylor
Public
CERTIFICATE
. l' lhe underslgned, Asslstant Secrelary of LEXON INSURANCE CoMPANY, A Texas Insurance Company, DO HEREBY CERTIFY thatthe original Powor of Allorney of whlch the lorgoing is a true and corrsct copy, ts in full ror"" ano un""ia,iJ rr'rJ,iot u""n revoked and therssolutions as sel forth are now ln force.
Signed and Soat at Mount Jutiet, Tenn€ssee ttris {S gzy
"t
fuHtnJ- ,Zo1;--.
BY Zz4--/,-.Andrew Smith
Assistant Secretary
SEAL
+
SEAL
"WARNING: Any paBon who knowlngly and wllh intont to dsfaaud any lnlurance company or other porson, fl106 and appllcaflon for lnsurance or clarmconlalnlng .ny malerlally hlso lntormatlon, or conceala for the purfose ot mtslaadlng, intorma on "on"",nln! "ry-i"'"i ralortsl th€reto, commits atraudulanr lnlurance act, whroh rs 6 crlmo and subJects 3uch porson to crrmlnel and clvll penalllos.,'
tx-249649
Resolvsd,
obligatory nalure 4,000,000.00,
ofllcers,thereto.
f had b€en Allorney-ln-Fact,
rovoked of
LEXON INSURANCE COMPANY
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Packet Pg. 691 Attachment: Exhibit A - Berkshire Place (3492 : Final Utilities Acceptance - Berkshire Place, PL20150001414)