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Agenda 01/22/2013 Item #16A 4 1/22/2013 Item 16.A.4. :EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry Block E Re-Plat,Phase 1 (PL-20110000015) and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) in the amount of $5,769.60 to the Project Engineer or the Developer's Designated Agent. OBJECTIVE: To have the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and sewer facilities and to release the Utilities Performance Security(UPS) in the amount of $5,769.60. CONSIDERATIONS: 1) The Developer of The Quarry Block E Re-Plat, Phase 1 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 March 24, 2011. At that time, the value of these utility facilities (assets) was $28,469.44 for the water facilities and $3,304 for the sewer facilities (see attachment[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during,not less than,the required one(1)year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services staff in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 6) Utility Performance Security (UPS) in the amount $5,769.60 to be released. See attached Exhibit A. 7) 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 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$31,773.44(no depreciation applied). GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. Packet Page-669- 1/22/2013 Item 16.A.4. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attcstriey's Office, is legally sufficient,and requires a majority vote for approval.—ERP t""\ RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for The Quarry Block E Re-Plat, Phase 1, (PL-20110000015) and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) in the amount of$5,769.60 to the Project Engineer or the Developer's Designated Agent. PREPARED BY: Jodi Hughes,Technician,Engineering Services,Growth Management Division,Planning and Regulation Attached Documents: 1. Location Map 2. Asset Sheet 3. Exhibit A Packet Page-670- 1/22/2013 Item 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4. Item Summary: Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry Block E Re-Plat, Phase 1 (PL-20110000015) and to authorize the County Manager, or his designee, to release the Utilities Performance Security(UPS) in the amount of$5,769.60 to the Project Engineer or the Developer's Designated Agent. Meeting Date: 1/22/2013 Prepared By Name: HughesJodi Title: Technician,Engineering&Environmental Services 12/18/2012 7:50:53 AM Approved By Name: BeardLaurie Title:Planner,Transportation Planning Date: 12/18/2012 8:49:47 AM Name: Steve Messner Title: Plant Manager,Water Date: 12/18/2012 10:03:41 AM Name:NagySteve Title:Manager-Wastewater Collection, Wastewater Date: 12/19/2012 8:34:28 AM Name: KovenskyKenneth Title:Management/Budget Analyst, Senior,Operations&Regulatory Management Date: 12/19/2012 10:42:36 AM Name: BradfordAlison Title: Project Manager,Transportation Planning Date: 12/21/2012 9:00:32 AM Name: Paul Mattausch n Title:Director-Water,Water Packet Page-671- 1/22/2013 Item 16.A.4. Date: 12/21/2012 9:50:20 AM Name: Pam Libby Title: Manager-Operations-Water/WW,Water Date: 12/21/2012 9:54:19 AM Name: SunyakMark Title: Project Manager,Principal,Public Utilities Engine Date: 12/27/2012 9:34:12 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/27/2012 11:00:17 AM Name: ChmelikTom Title: Director,Public Utilities Engineering Date: 1/3/2013 4:53:54 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/9/2013 7:30:19 AM Name: PepinEmily n Title: Assistant County Attorney, CAO Litigation Date: 1/10/2013 8:05:05 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/10/2013 4:52:00 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 11:37:06 AM Name: OchsLeo Title: County Manager Date: 1/11/2013 3:01:35 PM Packet Page-672- I I i 1 .'wit o10 eat..0_ i© _\ 11 il➢ II v°;o u.owJ 4 �- t. 1 ao 132:31300 N. ate. .... 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Certification Of Contributory Assets(Water) -County PROJECT NAME: THE QUARRY BLOCK E RE-PLAT, PHASE 1 LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material Costs Only) ;� ...2: !.%. ..�e, +aLe"..»o .. i.. c t,,�,,m,SM, *r 1 <a"' -—='- ---..._..,,,.,,. °.�1Lw R vw' ``_ l a: _ _£` DR 18 PVC 10" 104 LF $14.86 $1,545.44 Fire Hydrants 2 EA $1,850.00 $3,700.00 Tapping Sleeve and Valve 2 EA $1,500.00 $3,000.00 Single Water Service 13 EA $650.00 $8,450.00 Double Water Service 14 EA $841.00 $11,774.00 TOTAL COST $28,469.44 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: NAME&TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr.Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: .( e-- Bresx1a K. Merchant/Secretary NAME&TITLE OF CONTRACTOR CERTIFYING OF: Haleakala Construction,Inc. 5758 Taylor Road Naples, FL 34108-1856 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) Packet Page-674- • 1/22/2013 Item 16.A.4. n The foregoing instrument was signed and acknowledged before me this 11th day of January,2011 by Brenda�K.Merchant,who is personally known to me and who did not take an oath. � 27411171107 SEAL: Notary Public NOTARY PUBLIC•STATE OF FLORIDA Linda Mahon •,7r 4 =Commission#DD628677 Expires: FEB. 21,2011 BONAED THRU ATLANTIC BONDING CO.,INC. Packet Page-675- 1/22/2013 Item 16.A.4. certification Of Contributory Assets(er) PROJECT NAME: THE QUARRY BLOCK E RE-PLAT, PHASE 1 LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF C Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: SANITARY SEWER XLIRkrifirrif04409iii Single Sewer Service 6 EA W. $1,872.00 Double Sewer Service 4 EA 510 $1,432.00 TOTAL COST $3,304.00 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: NAME& TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr.Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: Brenda K. Merchant/Secretary NAME&TITLE OF CERTIFYING OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108-1856 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 14th day of December,2010 by Brenda K. Merchant ,who is personally known to me and who did not take an oath. NOTARY PUBLIC•STATE OF FLORIDA /J Zen1,) Sly Notary Public Linda Mahon - r Commission DD628677 Packet Page-676- BON DEDTHRUnrLA,*1TICBO FEB.Gco.,arlc 1/22/2013 Item 16.A.4. Exhibit A Utilities Performance Security Bonds (UPS) and Final Obligation Bond The Quarry Block E Re-Plat, Phase 1 Amount Receipt Number 10% UPS Bond $5,769.60 5039317 Final Obligation Bond N/A Before procedure started Total Amount $5,769.60 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 is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004-31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Verification of Final Cost Sheets Packet Page-677- " • 1/22/2013 Item 16.A.4. BOND NO. 5039317 COLLIER COUNTY LAND DEVELOPMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation,9240 Estero Park Commons Blvd., Estero,FL 33928(hereinafter referred to as"Owner")and Bond Safeguard Insurance Company,900 S.Frontage Road. #250,Woodridge.IL 60517 hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida,2800 N.Horseshoe Drive,Naples,FL 33942(hereinafter referred to as "County")in the total aggregate sum of five thousand seven hundred sixty-nine and 60/100($5.769.60)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 has submitted for approval by the Board a certain subdivision plat named Ouarry Replat— Water and Sewer, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations").This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations(hereinafter the"Guaranty Period") NOW, THEREFORE,if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County,and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's 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, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term"Amendment," wherever used in this Bond,and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 18th day of February,2011. Pulte Home Corporation rte- L Bruce E.Robinson,Assistant Secretary Bond Safeguard Insurance Company Surety l /� 4wyt... _ Dawn L.Morgan,Attorney-In- FL License#P011322 LDCA:6 Packet Page-678- 1111010 1/22/2013 Item 16.A.4. POWER OF ATTORNEY AO 71 4 2 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James i.Moore,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust, Kelly A.Gardner,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman,Heather A.Beck,Tariese M.Pisciotto its true and lawful Attorney(s)-In-Fact to make, execute,seal and deliver for, and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. c°►�°� BOND SAFEGUARD INSURANCE COMPANY �4 0 1.LJN015 MiSURANCE \ / BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. M V "OFFICIAL SEAL" ; ' f 1-. — MAUREEN K.AYE aureen K.Aye Notary Public,State of Illinois tary Public My Commission Expires 09/21/13 CERTIFICATE I,the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 18th Day of February , 20 11 is"O l� of AN rui o NOrs fill 44,--L#ta."(4 z INSURANCE 13 Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false infor "- ` the purpose of misleading,information concerning any fact material thereto,commits a fraudulent insurance act,whit Packet Page-679-is such person to criminal and civil penalties." es1 Ile 40 1/22/2013 Item 16.A.4. State of Illinois} } ss.i County of Dupage } On 2/18/2011, before me, Tariese M. Pisciotto, a Notary Public in and for said County and State,residing therein, duly commissioned and sworn,personally appeared Dawn L. Morgan known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the . day and year stated in this certificate above. Commission Expi( June 26, 2014 0� 1 ��6 I TARIESE M PISCIOTTO Cn , � ' NOTARY PUBLIC.STATE OF ILLINOIS �,`-�/w \kit �X`x`1y MY COMMISSION EXPIRES 6/28/2014 Tariese M. Pisciotto, otary Public Commission No. 560807 Packet Page-680- IMP isa 1/22/2013 Item 16.A.4. ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 18th day of February, 2011, before me, the undersigned authorized employee, personally appeared Bruce E. Robinson who acknowledges himself to be Assistant Secretary for Pulte Home Corporation, and as such employee, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such officer. WITNESS my hand and official seal. F/ J���, c r£ HUTCHINS 4' " ,..MY PUBLIC,STATE of Mi Shirt E. Hut ins, Notary Public ��UNTVOfwAYNE Wayne County Michigan rina:3NTY EXPIRES Mat30,201? ;1? ;IN COUNTY OF (/Gs.�.�s^",y Acting in Oakland County, Michigan My Commission Expires: March 30, 2017 Packet Page-681- •• oil 1/22/2013 Item 16.A.4. Verification of Final Cost(Water) PROJECT NAME: THE QUARRY BLOCK E RE-PLAT, PHASE 1 LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material and Labor Costs) trac='« .., a ..�,,:,,.:s •`..... ., '" ;F+ a nom, 'a:f. ,>».� . .$_._.....`° DR 18 PVC 10" 104 LF $30.75 $3,198.00 Fire Hydrant 2 EA $2,256.00 $4,512.00 Tapping Sleeve and Valve 2 EA $2,000.00 $4,000.00 Single Water Service 13 EA $1,250.00 $16,250.00 Double Water Service 14 EA $1,410.00 $19,740.00 TOTAL COST $47,700.00 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: NAME&TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr.Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: C. Merchant Secretary NAME&TITLE OF CONTRACTOR CERTIFYING OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108-1856 STATE OF FLORIDA ) ) SS: Packet Page-682- 1/22/2013 Item 16.A.4. COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 11th day of January,2011 by Brenda K.Merchant,who is/personally known to me and who did not take an oath. O 4 // 141/1 1 , SEAL: Notary Public NOTARY PUBLIC-STATE OF FLORIDA CommissioLinda n#DD6 2 Mahon 5 v„ 8677 Expires: FEB. 21,2011 BONDED THRV ATLANTIC BONDING CO.,INC. ■ ■ Packet Page-683- 1/22/2013 Item 16.A.4. ilification of Final Cost(Sewer) a PROJECT NAME: THE QUARRY BLOCK ERE-PLAT, PHASE 1 LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF (Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: SANITARY SEWER u(Matea aril L- liWeDSf•it •� r , Single Sewer Service 6 EA 008-151:6-C,.= $5,880.00 Double Sewer Service 4 EA $1 fl2900 _ $4,116.00 TOTAL COST $9,996.00 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: NAME&TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr. Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: Brenda 1 . Merchant/Secretary NAME&TITLE OF CERTIFYING OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108-1856 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 14th day of December,2010 by Brenda K Merchant ,who is personally known to me and who did not take an oath. NOTARY PUBLIC•STATE OF FLORIDA u n IgfEn S. Linda Mahon , Notary Public ,;; =Commission#DD628677 Page-684- •,�.,���''Expires: FEB. 21,2011 Packet Pa g RONDS,DTHRU ATLANTIC BONDINGCO DiC.