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Agenda 11/18/2014 Item # 16A1111 /18/2014 16.A.11. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Acqua di Treviso, PL20120002489, 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 $38,832.15 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 water and sewer facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $38,832.15, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004 -31. CONSIDERATIONS: 1) The Developer of Acqua di Treviso has constructed the water and sewer facilities within dedicated easements to serve this development. (See attached location map) 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services staff on December 6, 2012. At that time, the value of these utility facilities (assets) was $52,356.76 for the water facilities and $121,252.04 for the sewer facilities. See attached Asset Sheets. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which were reviewed and approved by the County Attorney's office as to form and legality. 4) The 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 the Engineering Services staff on August 21, 2014 in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The subject utilities are located off -site. The on -site water and sewer utilities are owned and maintained by the owner. 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 $38,832.15. (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. Packet Page -1038- 11 /18/2014 16.A.11. 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 the utility facilities, which at the time of preliminary acceptance, had a total gross value of $173,608.80 (no depreciation applied). GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. 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 of County Commissioners, as Ex- Officio Governing Board of the Collier County Water -Sewer District, approve final acceptances of these water and sewer utility facilities for Acaua di Treviso, PL20120002489, and authorizes the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $38,832.15 to the Project Engineer or the Developer's designated agent. Prepared by: Jodi Hughes, Associate Project Manager, Growth Management Division Attachments: 1) Location Map, 2) Asset Sheet, 3) Exhibit A Packet Page -1039- 11 /18/2014 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.11. Item Summary: Recommendation to approve final acceptance of the water and sewer utility facilities for Acqua di Treviso, PI-20120002489, 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 $38,832.15 to the Project Engineer or the Developer's designated agent. Meeting Date: 11/18/2014 Prepared By Name: HughesJodi Title: Project Manager, Associate, Natural Resources 10/2/2014 8:41:47 AM Approved By Name: Steve Messner Title: Director - Water, Water Date: 10/2/2014 9:27:40 AM Name: Nag Steve Title: Manager - Wastewater Collection, Wastewater Date: 10/2/2014 1:01:13 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/2/2014 5:04:04 PM Name: Pam Libby Title: Manager - Water Distribution & Wellfield, Water Date: 10/3/2014 8:07:33 AM Name: SunyakMark Title: Project Manager, Principal, Public Utilities Engineering Date: 1 0/3/2014 1:53:45 PM Name: KovenskyKenneth Title: Manager Financial & Operational Support, Operations & Regulatory Management Packet Page -1040- 11 /18/2014 16.A.11. Date: 10/5/2014 4:26:08 PM Name: McKennaJack Title: Manager - Engineering Review Services, Natural Resources Date: 10/8/2014 12:33:46 PM Name: JohnssenBeth Title: Director - Wastewater, Wastewater Date: 10/17/2014 9:27:05 AM Name: ChmelikTom Title: Director - Public Utilities Engineering, Public Utilities Engineering Date: 10/23/2014 4:22:15 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 10/28/2014 8:43:26 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 11/3/2014 11:35:29 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2014 2:24:51 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: l 1 /4/2014 9:37:31 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 11 /4/2014 1:50:57 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: l l /4/2014 7:06:21 PM Packet Page -1041- C-W 1i+Vl yt 2 Z O F < 1 � O J s e� p E 1 ' � y c V fpm p, F 11 /18/2014 16.A.11. i 5 F 1.1 Q L LJ Z O F- U O J I0I^ V/ L U Q g Sa w're v1.ea a raHrs °vou Hwe uHnoo �,�, f n SP P 9 b 0�2 obi ■x @ i"u ��i 355 ld F 2 W O _ O S Q O 3 J a d +p+ d y �`o - 3N10 31DH6AV0 � 3l A � VA 334 ILLIIU'I n Packet Page -1042- 1.1 Q L LJ Z O F- U O J I0I^ V/ L U Q s T PROJECT NAME: LOCATION: OWNER: 11/18/201416.A.11. CERTIFICATION OF CONTRIBUTORY ASSETS Acqua di Treviso Section 31, 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: POTABLE WATER'' ITEM i Quantity Unit Type Unit Price Total Combination Master Water & Fire Meter Assembly 1 EA $43,743.74 $43,743.74 10" PVC Water Main (C -900, CL -150) 229 LF $ 21.84 $ 5,001.36 10" Gate Valve w /box _ 2 EA $ 1,691.08 $ 3,382.16 Temporary Bacteriological Sample Point 1 EA $ 229.50 $ 229.50 TOTAL COST $52,356.76 I do hereby certify that the quantities of material described above are true and an accurate representation of the system. la�TIFYING: Oreschnick Vice President OF: Haleakala Construction 5758 Taylor Road Naples, Florida 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowiledged before me this 18th day of October, 2012 by Jayson Oreschnick, who is personally known to me and who did not take an oath. SEAL: 5/252010 - 218597 - Ver 1 - NPESTELL N0506- P42 -DDO - EDED - 32935 Packet Page -1043- UNDA WHON MY COMMISSION EE 036615 x EXPIRES: FebN6ry 21, 2015 RP �TM Thtu Notwy Pabdc UnderN*kers I do hereby certify that the quantities of material described above are true and an accurate representation of the system. CE Jays ?n OrJschnick, Vice President OF: Haleakala Construction 5758 Taylor Road Naples, Florida 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this 25th day of October , 2012 by Jayson Oreschnick , who is personally known to me and who did not take an oath. 51252010 - 218597 - Ver 1 - NPESTELL N0508 -NB -000 - EDED - 32935 11 /18/2014 16.A.11. SEAL: < :r LINDA MAHON :.: MY COMMISSION # EE Q368'I5 • a EXPIRES: February 21, 2015 Bonded Thru N P A,F.t�•• �' ubHcUrWerarhers Packet Page -1044- CERTIFICAJION OF CONTRIBUTORY ASSETS PROJECT NAME: Acqua di Treviso LOCATION: Sec$on 31, Township 50 South, Range 26 East Collier County, Florida OWNER: Lennar Homes, LLC 10461 Ben C. Pratt/Six Mile Cypress Pkwy. Fort Myers, FL 33966 TYPE OF UTILITY SYSTEM. SANITARY SEWER ITEM Quantity Unit Type Unit Price Total Pump Station 1 EA $120,771.00 $ 120,771.00 4" Force Main 28 LF $ 17.18 $ 481.04 TOTAL COST $ 121,252.04 I do hereby certify that the quantities of material described above are true and an accurate representation of the system. CE Jays ?n OrJschnick, 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. 51252010 - 218597 - Ver 1 - NPESTELL N0508 -NB -000 - EDED - 32935 11 /18/2014 16.A.11. SEAL: < :r LINDA MAHON :.: MY COMMISSION # EE Q368'I5 • a EXPIRES: February 21, 2015 Bonded Thru N P A,F.t�•• �' ubHcUrWerarhers Packet Page -1044- 11 /18/2014 16.A.11. Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Acqua di Treviso 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. Irrevocable Standby Letter of Credit 3. Receipt of Payment Packet Page -1045- Amount Receipt Number 10% UPS Bond $34,832.15 FGAC -12112 Final Obligation Bond $ 4,000.00 2012090791 Total Amount $38,832.15 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. Irrevocable Standby Letter of Credit 3. Receipt of Payment Packet Page -1045- 11 /18/2014 16.A.11. VERIFICATION OF FINAL COST PROJECT NAME: Acqua di Treviso LOCATION: Section 31, Township 50 South, Range 26 East Collier County, Florida OWNER: Lennar Homes, LLC 10481 Ben C. Pratt/Six Mile Cypress Pkwy. Fort Myers, FL 33966 TYPE OF UTILITY SYSTEM: POTABLE WATER ITEM Quantity Unit Type Unit Price Total Combination Master Water & Fire Meter Assembly, 1 EA $43,743.74 $43,743.74 6" PVC Fire Main (C -900, CL -200) 1,318 LF $15.17 $19,994.06 8" PVC Fire Main (C -900, CL -200) 18 LF $19.87 $357.66 6" PVC Water Main (C -900, CL -150) 207 LF $1199 $2,895.93 8" PVC Water Main (C -900, CL -150) 75 LF $17.70 $1,327.50 8" PVC Water Main (C -900, CL -200) 75 LF $19.87 $1,490.25 10" PVC Water Main (C -900, CL -150) 1782 LF $21.84 $38,918.88 Fire Hydrant Assembly 5 EA $3,016.10 $15,080.50 6" Gate Valve w /box 6 EA $911.80 $5,470.80 8" Gate Valve w /box 2 EA $1,186.34 $2,372.68 10" Gate Valve w /box 4 EA $1,691.08 $6,764.32 Temporary Bacteriological Sample Point 2 EA $229.50 $459.00 Permanent Bacteriological Sample Point 1 EA $1,405.42 $1,405.42 TOTAL COST $140,280.74 I do hereby certify that the quantities of material and services described above are true and an accurate representation of the system. CERTIFYING: Jaysgn Oreschnick, 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. 5/25/2010 - 218597 - Ver. 1 - NPESTELL N0506- P4&000 - EDED - 32935 Packet Page -1046 - SEAL: ' "� MI(C0MMISSt0NQi6fi15 > a EXPIRES• February 21, 2015 •? 'RN Bonded Thru Notary Pubic Underwriters • 11/18/201416.A.11. VERIFICATION OF FINAL COST PROJECT NAME: Treviso Bay - Di Napoli LOCATION: Section 31, Township 50 South, Range 26 East Collier County, Florida OWNER: 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 TV Sewer 1,718 LF $ 1.50 $ 2,577.00 Single Sanitary Sewer Service 7 EA $ 468.00 $ 3,276.00 8" PVC Sanitary Sewer (0'-6' cut) 1,020 LF $ 21.54 $ 21,970.80 8" PVC Sanitary Sewer (8' -10' cut) 536 LF $ 29.54 $ 15,833.44 8" PVC Sanitary Sewer (10' -12' cut) 162 LF $ 35.54 $ 5,757.48 Manhole 4' Diameter (0'-6' cut) 5 EA $ 3,888.00 $ 19,440.00 Manhole 4' Diameter (10' -12' cut) 3 EA $ 5,978.00 $ 17,934.00 Pump Station 1 EA $120,771.00 $ 120,771.00 4" Force Main 28 LF $ 17.18 $ 481.04 TOTAL COST $ 208,040.76 I do hereby certify that the quantities of material and services described above are true and an accurate representation of the system. CERTIFYING: Jayson Oreschnick, 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. 5125/2010 - 216597 - Ver: 1 - NPESTELL N0506 -P46-000 - EDED • 32935 Packet Page -1047- SEAL: uNDA A AHDN ni. :oe MY COMMISSION A EE 036615 15 EXPIRES: February21, 20ttBwded ThN Notary Pubk Under� FIDELITY GUA NTY AND ACCEPTA PE 111/18/201416.A.11. 700 M' 107 AVENUE -SUITE 240 MIAMI, FLORIDA 33172 PHOINE ('305)553 -8724 0 y IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC -12112 ISSUER: FIDELITY GUARANTY AND ACCEPTANCE, CORP. (HEREINAFTER "ISSUER ") DATE OF ISSUE: NOVEMBER 15, 2012 PLACE OF EXPIRY: AT ISSUER'S COUNTERS °LOCATED AT 700 NW 107 AVE, SUITE 240 MIAMI, FLORIDA 33172 DATE OF EXPIRY: THIS CREDIT SHALL BE ;VALID UNTIL. NOVEMBER 15, 2013 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE -YEAR PERIODS ON THE ANNIVERSARY OFITS 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: L,ENNAR HOMES, LLC. (HEREINAFTER "DEVELOPER") 10481 BEN C PRATT SIX N41LE CYPRESS PARKWAY FORT MYERS, FLORIDA 3966 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER `BENEFICIARY ") CIO ENGINEERING REVIEW SERVICES 2500 NORTH HORSESHOE bRIVE NAPLES, FL. 34104 AMOUNT: UP TO AN AGGREGATE AMOUNT OF $34,832.15 (THIRTY FOUR THOUSAND EIGHT HUNDRED THIRTY TWO M413 151100 US DOLLARS) RE: TREVISO BAY ACQUA DI `r. tEVISO CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINSTDOCUMENT'S DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIIARY'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: A. "(1) DEVELOPER HAS FAILED TO CONSTRUCT AND /OR MAINTAIN THE POTABLE WATER CONSTRUCTION ASSOCIATED WTTH THAT CERTAIN PLAT OF SUBDIVISION KNOWN AS TREVISO BAY ACQUA DI 'TREVISO AS SHOWN ON THE SITE DEVELOPMENT PLAN AMENDMENT FOR TREVISO BAY ACQUA D1 TREVISO PREPARED BY WILSON MILLER STANTEC DATED SEPTEMBER 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 (1H) THE DEFAULT HAS NOT BEEN CURED WITHIN TI IE CURE PERIOD PROVIDED FOR T'FIEREIN, IF ANY; OR B. 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 THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: `DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. fGAC- 12112, DATED NOVEMBER 15, 2012." AND MUST BE ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENT'S, IF ANY, FOR PROPER ENDORSEMENT. i Packet Page -1048- FIDELITY GUA6ANTY AND ACCEPT CE 11/18/201416.A.11. 700107 AVENUE - SUITE 240 'MIAMI, FiORIDA 33172 PHO NE ( 305)553 -8724 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC -121 12 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 REF'tRENCED TO HEREIN OR 1N WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL 40T BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT'.' ISSUER HEREBY ENGAGES WITH BENEFIC( ( ) ARY T?}-1AT DRAFTS DRAWN UNDER AND ,IN COMPLIANCE WITH THE TERMS OF THISCREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS 1( SQUIRED HEREIN AT THE PLACE OREXPIRY PRIOR TO THE ISSUER'S CLOSE OF BUSINESS ON OR PRIOR TO THE DATE OF EXPIRY. THIS CREDIT ,IS SUBJECT TO THE UNIFORM CUSONIS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO, 600. FIDELITY GUARANTY AND ACCEPTANCE CORP. JA , LIN ICE SOUZ. VICE PRESIDENT r Packet Page -1049- 11 /18/2014 16.A.11. ►,* Growth Management Division �Q �, f�.U7�iirtty 2800 Horseshoe Drive N. Naples, FL 34104 239- 252 -2400 RECEIPT OF PAYMENT r Receipt Number: 2012090791 Transaction Number: 2012- 039652 Date Paid: 11/08/2012 Amount Due: $4,000.00 Payment Details: Payment Method Amount Paid Check Number Check $4,000.00 00360042 Amount Paid: $4,000.00 Change / Overage: $0.00 Contact: Lennar Homes, LLC 10481 Ben C. Pratt Ft. Myers, FL 33966 FEE DETAILS: Fee Description Reference NUmbe Oriainal Amount GL Account Fee Pai Refundable Bonds PL20120002489 $4,000.00 $4,000.00 670 - 000000 - 220113 Cashier Name: EvelynTrimino Batch Number: 2825 Entered By: hughes_j Packet Page -1050-