Agenda 04/23/2013 Item #16A 14/23/2013 16.A.1.
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the sewer utility facility for Lowes of South Naples
PL- 20100001862 and to authorize the County Manager, or his designee, to release the Utilities
Performance Security Bond (UPS) in the amount of $11,221 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 the conveyance of the sewer facility and to
release the Utilities Performance Security Bond (UPS) in the amount of $11,221.00.
CONSIDERATIONS:
1) The Developer of Lowes of South Naples has constructed the sewer facility within dedicated
easements to serve this development. See attached location map.
2) Preliminary acceptance of this utility facility was approved by the Engineering Services staff
on December 16, 2010. At that time, the value of this utility facility (asset) was $69,623.00
(see attachment(s)). This Final Acceptance is in accordance with Ordinance 2004 -31, as
amended.
3) Staff has 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 sewer facility has 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 this facility has been
found to be satisfactory and acceptable.
6) The on -site sewer utilities are owned and maintained by the owner.
7) Utility Performance Security Bond (UPS) in the amount of $11,221.00 to be released. See
attached Exhibit A.
8) 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 a utility facility, which at the time of preliminary
acceptance had a total gross value of $69,623.00 (no depreciation applied).
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4/23/2013 16.A.1.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires a majority vote for approval. - ERP
RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing
Board of the Collier County Water -Sewer District, accept final and unconditional conveyance of
the sewer utility facility for Lowes of South Naples PL- 20100001862 and to authorize the
County Manager, or his designee, to release the Utilities Performance Security Bond (UPS) in the
amount of $11,221.00 to the Project Engineer or the Developer's designated agent. See attached
Exhibit A.
Prepared by: Jodi Hughes, Technician, Engineering Services, Growth Management
Division/Planning and Regulation
Attachments: 1) Location Map, 2) Asset Sheet, 3) Exhibit A
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4/23/2013 16.A.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to approve final acceptance of the sewer utility facility
for Lowes of South Naples PL- 20100001862 and to authorize the County Manager, or his
designee, to release the Utilities Performance Security Bond (UPS) in the amount of $11,221 to
the Project Engineer or the Developer's designated agent.
Meeting Date: 4/23/2013
Prepared By
Name: HughesJodi
Title: Technician,Engineering & Environmental Services
3/19/2013 7:28:05 AM
Approved By
Name: BeardLaurie
Title: Planner,Transportation Planning
Date: 3/19/2013 7:58:00 AM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 3/19/2013 11:06:05 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 3/19/2013 12:14:05 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/20/2013 1:26:56 PM
Name: NagySteve
Title: Manager - Wastewater Collection, Wastewater
Date: 3/21/2013 7:19:48 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Packet Page -517-
Date: 3/22/2013 11:39:23 AM
Name: KovenskyKenneth
Title: Management/Budget Analyst, Senior,Operations & Regulatory Management
Date: 3/25/2013 5:31:32 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/4/2013 11:19:56 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/10/2013 10:51:58 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/10/2013 4:45:05 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/12/2013 2:58:59 PM
Name: OchsLeo
Title: County Manager
Date: 4/12/2013 4:06:05 PM
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4/23/2013 16.A.1.
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4/23/2013 16.A.1.
Certification of Contributory Assets - County
PROJECT NAME: south Naples Lowes
LOCATION: ,intersectlon of 9S1 & US41(Tamiami Trail)
NAME AND ADDRESS OF OWNER: Lowes Home Center - 6o5 Curtis Bridge Rd.1M11kesboroX
TYPE OF UTILITY SYSTEM: Uft Station .Force Main. Wet Tap.
ITEM SIZE QUANT. UNrr CAST TOTAL
Lift Station 1
Force Main 4" 440 LF.
Wet Tap 20" X 4" 1
k3
I do hereby certify that the quantities of material des
representation of the as- installed cost of the system.
L.S. $64,723.40
LF. $3,250.00
EA. $1.650.00
TOTAL COST $69,623•00
gibed above area true and accurate
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4/23/2013 16.A.1.
OF-.
STATE Of RDRIDA j
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COUM7Y OF GOWER'j
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The foregoing instrument was signed and acknowledged before me this dray" of
! &_- • 20?!(by who is personally know to me and who did not take an oath..
W UNDA U&SwA►ue
Name: / /.ic Jir_ y(,G •/t+t G„�... SEAL: - f of FW*
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4/23/2013 16.A.1.
Exhibit A
Utilities Performance Security Bond (UPS) and Final Obligation Bond
Lowes of South Naples Sewer
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)
Packet Page -522-
Amount
Receipt Number
10% UPS Bond
$11,221.00
016042720
Final Obligation Bond
N/A
Total Amount
$11,221.00
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)
Packet Page -522-
4/23/2013 16.A.1.
VERIFICATION OF FINAL COST
PROJECT NAME- South Naples Lowes
LOCATION: intersection of 951 & 41( Tarnlami Trail)
NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd.Wilkesboro NC
TYPE OF1UTIUTY SYSTEM: Lift Station, Force Main, Wet Tap,
TEEM
SIZE QUANT.
UNIT
COST
TOTAL J
Lift station
1
LS.
$101,835.00
$101,83S.W
Force Main
r 440 LF.
LF.
$7,225.00
$7,225.0
Wet Tap
2W 'X 4" 1
E.A.
$3,150.00
$3,150.0
TOTAL COST $112,210.00
I do hereby certify that the quantities of material and services described above area true and
accurate representation of the as- installed cost of the system.
El :
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OF:
STATE OF FLORIDA )
) 5S:
COUNTY OF=-e.L-1r--R )
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' 4/23/2013 16.A.1.
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The foregoing instrument was signed and acknowledged before me this -4=- -- da y of,
, 2 by who Is personally know to me and who did not take an oath.
MELODA 6AES MO :
Name: _ .- t. tt. *-.-� SEAL: Nolrlr P pc tt.�tt
ogepw "" 0 EE 7M
FAMI Nye.:
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Packet Page -524-
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Form 2 - Rev. 2004 (Utilities Performance Bond)
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Marcobay Construction, Inc.
4025 S. Pipkin Rd., Lakeland, FL 33811
(hereinafter referred to as "Contractor ", and
Liberty Mutual Insurance Company
175 Berkeley Street, Boston, MA 02116
0 4/23/2013 16.A.1.
Bond No. 016042720
(hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County "), in the total aggregate penal sum of Eleven Thousand Two
Hundred Twenty -One and 00 1100 Dollars ($11,221.00) 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. Contractor and Surety are used for singular or plural, as the context requires.
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land
Development Regulations ") concerning the Contractor's obligations to the County regarding
the construction, conveyance and warranty of potable water, non - potable irrigation water
and /or wastewater system(s) or portion(s) thereof constructed within the unincorporated area
of Collier County;
NOW, THEREFORE, if the Contractor 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, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the Contractor, with or without notice to
the Surety and during the guaranty period established by the County, and thereafter, and if the
Contractor 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
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
41
Lowe's of South Naples — Lift Station Fnrna Ads;,, 4 Wet Tap
Packet Page -525-
. 4/23/2013 16.A.1.
its obligation on this Bond, and does herebt 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 Contractor 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
5th day of October, 2011.
Witness: Contr t r: Marcobay Construction, Inc.
Type/Print Name Name itle
STATE OF F( D Y(
COUNTY OF RN V—
The foregoing instrument w s acknowledged beforepke t�his 5W day of
20 J( , by CtM S , as
of M CYA a Cv(hd ra-fi -crrt , on behalf of the
Contractor. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
�— My Comm ' r
TAMMY SATFIELD (Signatu •e f Nota
COMMISSION tt EE39B5
VFLONDA . _ IXPIRES JUNE 24 2014 Name: T aXY1 r.,x4 SGL f �^
BONM THROUGH
RU INSURANCE CAMPAW
(Affix O 1 Serial No. kL
42
Lowe's of South Naples — Lift Station P- °-- * T'- -- ""et Tap
Packet Page -526-
Witness:
Cathv Knok
Type /Print Name
STATE OF FLORIDA
COUNTY OF PINELLAS
• 4/23/2013 16.A.1.
Surety: Liberty Mutual Ins r ce Company
J_ n R. Attorney -in -Fact & FL Licensed ent
Name and Title
The foregoing instrument was acknowledged before me this 5th day of October, 2011, by John
R. Neu, as Attorney -in -Fact of Liberty Mutual Insurance Company. He /she is personally
known to me OR has produced N/A as identification and did (did not) take an oath.
My Commission Expires:
(S ature of Not
(Affix Official Sea[)
AWN
► .. .............................I1
01/2005
Name: Margarita Lazarides
Serial No. DD884223
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Lowe's of South Naples — Lift Station Frn•oa Main and Wet Tap
Packet Page -527-
—TH—IS- _ _ _
THIS POWER OF ATTORNEY IS NOT D UNLE��I ff �PRINfiE���N 1�b�A��►�: 4/23/2013 16.A.1
This Power of Attorney limits the acts of th named herein, and they have no authority to bin 7%e Company except in me mamear anu w ure
,extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
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KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company,
pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint KEVIN WOJTOWICZ,
GLENN ARVANITIS, JOHN R. NEU, ALL OF THE CITY OF ST. PETERSBURG, STATE OF FLORIDA ............................................................................ ...............................
...................... . ...... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ....................... . . . . . . . . . . .. . . . . . . . .. . . . . ... . .. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . .. . . . . ..................................
................ . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . ...... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
, each individually if there be more than one named, its true and lawful attomey-in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWO HUNDRED FIFTY MILLION AND 00/100 DOLLARS ($ x,000, 000.00°"""""""""'"" ' ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company
as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
ARTICLE Xlil - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-
in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer. or other official named thereinto appoint attomeys -in -fact:
Pursuant to Article X111, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized
to appoint such aftomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations.
That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 15th day of July
2011
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COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
LIBERTY MUTUAL INSURANCE COMPANY
By
David M. Carey, sistant Secretary
On this 15th day of July 2011 , before me, a Notary Public, personally came David M. Carev, to me known, and
acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed
the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said
corporation.
IN TESTIMONY WHER P ° o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written. ¢ ae4�?NW ,��
�{ N.Mara, Seal �� %�
Tere a %astsita Woia a y 00
OF ?grro th Two., Fkn Rontery oUMV B
My cornmiss�or: E,#,es. Mar. 22 20 3 y
4►
Member; Per nsy;vama ASSLOW10fl. Gi Na,aries Teresa Pastella, Notary Public
CERTIFICATE
I, the undersigned, Assis erty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is
a full, true and correct copy,l ce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said
power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article All,
Section 5 of the By -laws of Liberty Mutual Insurance Company.
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This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following
vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ':;+-h day of
(YAt bp--r et t
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Gregory W.'Davenport, Assistant Secretary
_ Packet Page -528-