Agenda 09/10/2013 Item #16A14 9/10/2013 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water utility facility for Heritage Bay Unit 5 at
Siesta Bay Drive, Phase 1, PL20100002017 and to authorize the County Manager, or his designee,
to release the Utility Performance Security Bond (UPS) and Final Obligation in the total amount of
$15,783.30 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 the
water facility and to release the Utility Performance Security Bond (UPS) and Final Obligation
Bond in the total amount of$15,783.30.
CONSIDERATIONS:
1) The Developer of Heritage Bay Unit 5 at Siesta Bay Drive, Phase 1 has constructed the water
facility within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this water utility facility was approved by the Engineering
Services staff on March 1, 2011. At that time, the value of this utility facility (asset) was
$15,122.25 (see attachment[s]). 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 legality.
4) The water 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 water utility infrastructure connected beyond the master meter is owned and maintained
by the owner.
7) UPS in the amount of$11,783.30 and Final Obligation bond in the amount of$4,000 is 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-
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Sewer District receiving unconditional title to the utility facility, which at the time of preliminary
acceptance, had a total gross value of$15,122.25 (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. -ERP
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water-Sewer District, authorize final acceptance of the water utility
facility for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 2, PL20100002017 and authorize the
County Manager, or his designee, to release the UPS and Final Obligation Bond in the total
amount of$15,783.30 to the Project Engineer or the Developer's designated agent.
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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9/10/2013 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve final acceptance of the water utility facility
for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 1, PL20100002017 and to authorize the
County Manager, or his designee, to release the Utility Performance Security Bond (UPS) and
Final Obligation in the total amount of$15,783.30 to the Project Engineer or the Developer's
designated agent.
Meeting Date: 9/10/2013
Prepared By
Name: HughesJodi
Title: Technician,Engineering&Environmental Services
7/23/2013 9:08:49 AM
Approved By
Name: Pam Libby
Title: Manager-Operations-Water/WW,Water
Date: 7/23/2013 1:40:37 PM
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 7/23/2013 2:19:00 PM
Name: Paul Mattausch
Title: Director-Water.Water
Date: 7/23/2013 4:03:19 PM
Name: KovenskyKenneth
Title: Management/Budget Analyst. Senior.Operations &Regulatory Management
Date: 7/25/2013 9:59:43 AM
Name: SunyakMark
Title:Project Manager, Principal,Public Utilities Engine
Date: 7/25/2013 12:08:15 PM
Name: BeardLaurie
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9/10/2013 16.A.14.
Title: Planner,Transportation Planning
Date: 7/29/2013 8:24:00 AM
Name: McKennaJack
Title:Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/14/2013 4:19:45 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/19/2013 4:42:10 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 8/20/2013 11:31:29 AM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 8/20/2013 8:49:21 PM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 8/21/2013 10:12:43 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 9:57:41 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2013 4:44:16 PM
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 10:47:20 AM
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9/10/2013 16.A.14.
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CERTIFICATION OF CONTRIBUTORY ASSETS- COUNTY
PROJECT NAME: Heritage Bay Unit 5 Siesta Bay Drive, Phase 1
LOCATION: Section 24,Township 48 South,Range 26 East,Collier County,Florida
NAME&ADDRESS OF OWNER: LENNAR HOMES,LLC
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
TYPE OF UTILITY SYSTEM:POTABLE WATER(MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL I
PVC DR14 Watermain 8" 17 LF $4.25
$72.25
Meter Assembly 8" 1 EA $13,500.00 $13,500.00
Tapping Sleeve 10"x 8" 1 EA $950.00 $950.00
Tapping Valve 8" 1 EA $600.00 $600.00
TOTAL COST $15,122.25
I do hereby certify that the quantities of material described above are true and accurate representation of the system
being contributed to Collier County Utilities,Inc.
CERTIFYING:
•
Brian Penner,President
OF: Mitchell&Stark Construction Company,Inc.
6001 Shirley Street
Naples,Florida 34109
STATE OF FLORIDA)
)SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this `% z day of November,
2010 by Brian Penner who is personally known to me and who did not take an oath.
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Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Heritage Bay Unit 5 At Siesta Bay Drive—Phase 1
Amount Receipt Number
10% UPS Bond $11,783.30 LOC No. FGAC-10056
Final Obligation Bond $4,000.00 201028915
Total Amount $15,783.30
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, is according with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost
2. Receipt of Payment
3. Letter of Credit
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VERIFICATION OF FINAL COST
PROJECT NAME: Heritage Bay Unit 5 Siesta Bay Drive, Phase 1
Section 24,Township 48 South,Range 26 East,Collier County,Florida
NAME&ADDRESS OF OWNER: LENNAR HOMES,LLC
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
TYPE OF UTILITY SYSTEM:SANITARY SEWER
I ITEM SIZE QUAN. UNIT COST TOTAL I
PVC Pipe SDR-26 Gravity Sewer Service 6" 775 LF $11.12 $8,618.00
Cleanout Assembly 15 EA $300.00 $4,500.00
TOTAL COST $13,118.00
I do hereby certify that the quantities of material and services described above are true and
accurate representation of the as-installed cost of the system.
CERTIFYING:
Brian Penner,President
OF: Mitchell& Stark Construction Company,Inc.
6001 Shirley Street
Naples,Florida 34109
STATE OF FLORIDA)
)SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this day of November,
2010 by Brian Penner who is personally known to me and who did not take an oath.
SEAL:
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• • 9/10/2013 16.A.14.
VERIFICATION OF FINAL COST
PROJECT NAME: Heritage Bay Unit 5 Siesta Bay Drive, Phase 1
LOCATION: Section 24,Township 48 South,Range 26 East,Collier County,Florida
NAME&ADDRESS OF OWNER: LENNAR HOMES.LLC
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
TYPE OF UTILITY SYSTEM:POTABLE WATER
I ITEM SIZE QUAN. UNIT COST TOTAL I
PVC DR14 Watermain 8" 666 LF $20.00 $13,320.00
Fire Hydrant Assembly w/6"Gate Valve 4 EA $3,210.00 $12,840.00
Gate Valve 8" 2 EA $1,120.00 $2,240.00
PVC DR14 Fireline 4" 475 LF $16.00 $7,600.00
Fire System Detector Check-Double 4" 3 EA $4,680.00 $14,040.00
Post Indicator Valve 4" 5 EA $1,500.00 $7,500.00
Check Valves 4" 5 EA $970.00 $4.850.00
Tapping Sleeve 10"x 8" 1 EA $1,250.00 $1,250.00
Tapping Valve 8" 1 EA $875.00 $875.00
Meter Assembly 8" 1 EA $21,000.00 $21,000.00
Water Services(Complete) 2" 6 EA $2,200.00 $13,200.00
Fire Department Connection 4" 5 EA $1,200.00 $6,000.00
TOTAL COST $104,715.00
I do hereby certify that the quantities of material and services described above are true and accurate
representation of the as-installed cost of the system.
CERTIFYING:
Brian Penner-President
OF: Mitchell&Stark Construction Company,Inc.
6001 Shirley Street
Naples.Florida 34109
STATE OF FLORIDA)
)SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this ()J it day of November,
2010 b Brian Penner who is personally known to me and who did not take an oath.
/ / SEAL:
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Community Development & Environmental Services
r County 2800 Horseshoe Drive N.
Nap/es,FL
34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 201028915
Transaction Number: 2010-009227
•
Date Paid: 11/29/2010
Payment Method: Check
Check Number: 00036130
Full Amount: $4,000.00
Amount Tendered: $4,000.00
Overage Amount: $0.00
Contact: LENNAR HOMES INC •
10481 Six Mile Cypress Pkwy
Fort Myers, FL 339666460
FEES:
Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20100002017 $4,000.00 $4,000.00 670-000000-220113
Cashier Name: corzo m
Batch Number: 1788
Heritage Bay Unit 5 @ Siesta Bay
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FIDELITY GUA•ANTY AND ACCEPTANCE 009/1O/201316.A.14.
15550 LIGHTWAVE DRIVE - SUITE 200
.. <,- CLEARWATER , FLORIDA 33760
. PH.ON.E ( 7:27 )47,9 - 1 790
JANUARY 1S,2011 -
IRREVOCABLE:STANDBY_LETTER OF CREDIT.NO FGAC-10056
- BENEFICIARY: BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA
(HEREINAFTER"BENEFICIARY")
.: . CIO ENGINEERING REVIEW,SERVICES - .
2800.NORTH HORSESHOE DRIVE .
NAPLES, FL 34104
APPLICANT: LENNAR HOMES,LLC.(HEREINAFTER"APPLICANT")- - -
. ,1D481 BEN C P.RATT SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA 33966
GENTLEMEN:
TO AMEND LETTER OF CREDIT NO. FGAC-10056 AS ISSUED IN YOUR FAVOR.
THIS AMENDMENT IS AN INTEGRAL PART OF THE ORIGINAL CREDIT. ALL OTHER TERMS AND
CONDITIONS OF THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN
UNCHANGED.
AMENDED TERMS:
AMEND PARAGRAPH"A"TO READ AS FOLLOWS:
A. "(I) APPLICANT HAS ''FAILED TO 'CONSTRUCT AND/OR MAINTAIN THE PORTABLE WATER
- CONSTRUCTION ASSOCIATED WITH THAT CERTAIN PLAT OF SUBDIVISION `KNOWN AS
HERITAGE BAY UNIT'5 AT SIESTA BAY DRIVE - PHASE-<I AS SHOWN ON THE HERITAGE BAY
UNIT 5 AT SIESTA BAY'DRIVE SITE DEVELOPMENT PLANS AMENDMENT PREPARED BY BANKS
. ENGINEERING; •(II) 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;
IMMEDIATE NOTIFICATION MUST BE GIVEN TO US IF THIS AMENDMENT IS NOT ACCEPTED.
THIS IS AMENDMENT NO. 1.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
0 JACQU: E A,E SOUZ r.,VICE PRESIDENT
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FIDELITY GUM '.ANTY AND ACCEPT. CE CO c .9/10/2013 16.A.14.
15550 LIGHTWAVE DRIVE - SUITE 200
CLEARWATER , FLORIDA 33760
PHONE (727) 479- 1790
IRREVOCABLE STANDBY LETTER OF CREDIT NO.FGAC-10056
ISSUER: FIDELITY GUARANTY,AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
DATE OF ISSUE: NOVEMBER 19,2010
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 19, 2011 AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR A SUCCESSIVE ONE-YEAR PERIOD 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.(1-IEREINAFTER"APPLICANT")
10481 BEN C PRATT SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
BENEFICIARY: BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA
(HEREINAFTER"BENEFICIARY")
C/O ENGINEERING REVIEW SERVICES'
2800 NORTH HORSESHOE DRIVE
NAPLES,FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF$11,783.30(ELEVEN THOUSAND SEVEN HUNDRED EIGHTY
THREE AND 30/100 US DOLLARS)
CREDIT AVAILABLE WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT
DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON ISSUER AND
PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY
THE COUNTY MANAGER,CERTIFYING THAT:
A. "(I) APPLICANT HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE PORTABLE WATER CONSTRUCTION
ASSOCIATED WITH THAT CERTAIN PLAT OF SUBDIVISION KNOWN AS HERITAGE BAY UNIT 5 AT SIESTA
BAY DRIVE - PHASE 1 AS SHOWN ON THE VERIFICATION OF FINAL COST DATED ON NOVEMBER 9, 2010
CONTAINING THE REQUIRED SUBDIVISION IMPROVEMENTS FOR HERITAGE BAY UNIT 5 AT SIESTA BAY
DRIVE-PHASE 1; (II) 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
B. A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND 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-10056, DATED NOVEMBER 19, 2010." AND MUST BE
MUST BE ACCOMPANIED BY THE ORIGINAL:LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, FOR
PROPER ENDORSEMENT. -
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FIDELITY GU / 'ANTY AND ACCEPT/0CE C r .
15550 LIGHTWAVE DRIVE - SUITE 200
CLEARWATER , FLORIDA 33760
PHONE ( 727 )479 . 17:90
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO.FGAC-10056 PAGE2
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 TN WHICH THIS LETTER 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 IN COMPLIANCE'WITH"
THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF
THIS CREDIT TOGETHER WITH THE 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 PUBLICATION NO.600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
MARK SUSTANA,VICE PRESIDENT
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