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Agenda 09/08/2015 Item #16A189/8/2015 16.A.18. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the privately owned water and sewer utility facilities for Treviso Bay- Di Napoli, PL20120002541, 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 $10,673.47 to the Project Engineer or the Developer's designated agent. OBJECTIVE: To have the Board of County Commissioners (Board), as Ex- Officio Governing Board of the Collier County Water -Sewer District, approve final acceptance of these water and sewer facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,673.47, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004 -31. CONSIDERATIONS: 1) The Developer of Treviso Bay- Di Napoli, has constructed the water and sewer facilities to serve this development. (See attached location map) 2) Preliminary acceptance of these utility facilities were approved by the Engineering and Natural Resources staff on November 27, 2012. 3) The water and sewer utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 4) A final inspection to discover defects in materials and workmanship was conducted by the Engineering and Right -of -way Inspections staff on May 28, 2015 in coordination with Public Utilities. These facilities have been found to be satisfactory and acceptable. 5) All water and sewer utilities are owned and maintained by the owner, and are located on private property. 6) Staff recommends final acceptance of the subject utility facilities and release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount $10,673.47. (See attached Exhibit A) 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: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -678- 9/8/2015 16.A.18. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: To have the Board, as Ex- Officio Governing Board of the Collier County Water -Sewer District, approve final acceptances of these water and sewer utility facilities for Treviso Bay- Di Napoli, PL20120002541, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,673.47 to the Project Engineer or the Developer's designated agent. Prepared by: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources Division, Growth Management Department Attachments: 1) Location Map and 2) Exhibit A Packet Page -679- 9/8/2015 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to approve final acceptance of the privately owned water and sewer utility facilities for Treviso Bay- Di Napoli, PL20120002541, 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 $10,673.47 to the Project Engineer or the Developer's designated agent. Meeting Date: 9/8/2015 Prepared By Name: AlvarezMelissa Title: Operations Coordinator, Growth Management Department 6/26/2015 1:14:22 PM Submitted by Title: Operations Coordinator, Growth Management Department Name: AlvarezMelissa 6/26/2015 1:14:23 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/29/2015 2:26:08 PM Name: KovenskyKenneth Title: Division Director - Operations Support, Growth Management Department Date: 6/30/2015 2:37:59 PM Name: McKennaJack Title: Manager - Engineering Review Services, Growth Management Department Date: 7/1/2015 7:53:51 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Packet Page -680- Date: 7/2/2015 8:21:37 AM 9/8/2015 16.A.18. Name: LorenzWilliam Title: Division Director - CDES Engineering Svc, Growth M Date: 7/9/2015 2:45:11 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 7/29/2015 8:17:49 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/22/2015 9:59:41 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/24/2015 10:06:16 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 8/24/2015 11:58:16 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/24/2015 12:55:24 PM Packet Page -681- Lq C) m I- Aw 9/8/2015 16.A.18. 45 1 w 5Ufv cQ n z 0 C) 0 -j JE .... .. .... 31roe 6�1, ri W Q i �. � Packet Pa ize -682- m I- Aw 9/8/2015 16.A.18. 45 1 w 5Ufv cQ n z 0 C) 0 -j 9/8/2015 16.A.18. Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond 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 Packet Page -683- Amount Receipt Number 10% UPS Bond $6,673.47 Irrevocable Letter Of Credit Final Obligation Bond $4,000.00 2012090792 Total Amount $10,673.47 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 Packet Page -683- PROJECT NAME: LOCATION: OWNER: VERIFICATION OF FINAL COST TYPE OF UTILITY SYSTEM: POTABLE WATER 9/8/2015 16.A.18. Treviso Bay - Di Napoli Section 30, Township 50 South, Range 26 East Collier County, Florida Lennar Homes, LLC 10481 Ben C. Pratt/Six Mile Cypress Pkwy. Fort Myers, FL 33966 ITEM Quantity Unit Type Unit Price Total Single Water Service w /Casing 22 EA $ 736.90 $ 16,211.80 Fire Hydrant Assembly 5 EA $ 3,835.50 $ 19,177.50 Single Fire Service w /Casing 4 EA $11654.00 $ 6,616.00 Double Fire Service w /Casing 11 EA $1,707.00 $ 18,777.00 TOTAL COST $ 60,782.30 I do hereby certify that the quantities of material and services described above are true and an accurate representation of the system. CERTIFYING: at L±2 Jaysson 6reschnic k, Vice President OF: Haleakala Construction 5758 Taylor Road Naples, Florida 34109 STATE OF FLORIDA 1 ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 25th day of October , 2012 by Jayson Oreschnick , who is personally known to me and who did not take an oath. 5r25,20?0- 2:85 -_7- ` ✓er' -N?ES c__ N0506 -a4B -000 - EDED - 32335 Packet Page -684- SEAL: tNiTAAIAHf)N r MY COMMOWNt EEMMIS EMRE& Febuy21, 2015 8abed Thm horsy PWA WWwhm PROJECT NAME: LOCATION: OWNER: 9/8/2015 16.A.18. VERIFICATION OF FINAL COST Treviso Bay - Di Napoli Section 30, Township 50 South, Range 26 East Collier County, Florida Lennar Homes, LLC 10481 Ben C. Pratt/Six Mile Cypress Pkwy. Fort Myers, FL 33966 TYPE OF UTILITY SYSTEM: SANITARY SEWER ITEM Quantity Unit Type Unit Price Total Single Sanitary Sewer Service w /Cleanout 5 EA $ 1,190.47 $ 5,952.35 TOTAL COST 5,952.35 I do hereby certify that the quantities of material and services described above are true and an accurate representation of the system. CERTIFYING: Jaysor�Oreskhnick, Vice President OF: 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 25th day of October , 2012 by Jayson Oreschnick , who is personally known to me and who did not take an oath. ��nda J7iak`:m� SEAL: 5,'25r010 - 2185 ^e' - Ver I - NPEDTELL N0505- ?4B -Q00 - EDED - 32935 Packet Page -685- 3+ .= MAY MWMS M I EE t>36615 T' EORES• Fabmwy 21, 2015 BM16ed TAru Notary Pubk Undxwrtlers FIDELITY GUAF `,NTY AND ACCEPTAN"IE COF 9/8/2015 16.A.18. 700 NTV"l07 AVENUE - SUITE 240 MIAMI, FLORIDA 33172 PHONE (305)553 -8724 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-12111 ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER") DATE OF ISSUE: NOVEMBER I5, 2012 PI,ACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE, SUITE 240 MIAMI, FLORIDA 33172 DATE OF EXPIRY: THIS CREDIT SHALL BF.' VALID UNTIL NOVEMBER 15, 2013 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL, OVERNIGHT MAIL OR COURIER THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: LENNAR HOMES, LLC. (I-IERf:,INAFTEIt"DEVEI,(,)PER") 10481 BEN C PRATT SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33066 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER -BENEFICIARY") CIO ENGINEERING REVIEW SERVICES 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 AMOUNT: UP TO AN AGGREGATE AMOUNT OF $6,673.47 (SIX THOUSAND SIX HUNDRED SEVENTY THREE AND 47100 I'S DOLLARS) RE- TREVISO BAN" - DI NAPOLI CREDIT AVAILABLE WITH: ISSUER PA Y M ENT A Gp A I N ST DOCU M E NTS DETA I LED I- I E RE. I N AND B EN EF I Cl A R Y'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED AND DATED BY' THE COUNTY MANAGER, CERTIFYING THAT: ,,(I) DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE POTABLE WATER CONSTRUCTION ASSOCIATED WITH THAT CERTAIN PLAT OF SL JBDIVISION KNOWN AS TREVISO BAY - DI NAPOLI AS SHOWN ON THE SITE DEVELOPMENT" AMENDMENT PLANS FOR DI NAPOLI PREPARED BY WILSON MILLER STANTEC DATED AUGUST 2011; (11) THAT LENNAR HOMES, LLC.. HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND (III) THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED FOR THEREIN, IF ANY; OR 13, 'A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY TI IL BENF.FICIARY," DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-121 11, DATED NOVEMBER 15, 2012." AND MUST BE ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT" AND ALL ORIGINAL AMENDMENTS, IF ANY, FOR PROPER ENDORSEMENT. Packet Page -686- FIDELITY GUAP\NTY AND ACCEPTANCE 700 N�l 07 AVENUE - SUITE 240 MIAMI, FLORIDA 33172 PHONE ( 3 0 5) 553 -872 4 THIS IS AN INTEGRAL PART OF [,,E'T-1'ER OFCREDIT NO. FGAC-12111 Cor- 9/8/2015 16.A.18. V PAGE 2 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LEI-TER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND INCOMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT TOGETHER wrrH'T*HE DOCUMENTS REQUIRED HEREIN AT THE PLACE OF EXPIRY PRIOR TO THE ISSUER'S CLOSE OF BUSINESS ON OR PRIOR TO THE DATE OF EXPIRY. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBI,ICATION NO. 600. FIDELITY GUARANTY AND ACCEPTANCE CORP. J ----�LIEI ACQUEl f ED - -SOUZA, ICE PRESIDENT Packet Page -687- 9/8/2015 16.A.18. cm -, Growth Management Division C0 eY County 2800 Horseshoe Drive N, Naples, FL 34104 239 -252 -2400 RECEIPT OF PAYMENT Receipt Number: 2012090792 Transaction Number: 2012 - 039653 Date Paid: 11/08/2012 Amount Due: $4,000.00 Payment Details: Payment Method Check Amount Paid: $4,000.00 Change / average: $0.00 Contact: Lennar Homes, LLC 10481 Ben C. Pratt Ft. Myers, FL 33966 FEE DETAILS: Fee Description Reference Number Refundable Bonds PL20120002541 Cashier Name: EvelynTrimino Batch Number: 2825 Entered By: hughes_j Amount Paid Check Number $4,000.00 00360043 Original Amoun GL Account Fee Paid $4,000.00 $4,000.00 670- 000000- 220113 Packet Page -688- UZ