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Agenda 09/10/2013 Item #16A15 9/10/2013 16.A.15. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facility for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 2, PL20100002018 and to authorize the County Manager, or his designee, to release the Utility Performance Security Bond (UPS) in the amount of$9,883.76 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) in the amount of $9,883.76. CONSIDERATIONS: 1) The Developer of Heritage Bay Unit 5 at Siesta Bay Drive, Phase 2 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 May 31, 2011. At that time, the value of this utility facility (asset) was $14,193.50 (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$9,883.76 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- Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance, had a total gross value of$14,193.50 (no depreciation applied). Packet Page-442- 9/10/2013 16.A.15. 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, PL20100002018 and authorize the County Manager, or his designee, to release the UPS in the amount of$9,883.76 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 Packet Page-443- 9/10/2013 16.A.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.15. Item Summary: Recommendation to approve final acceptance of the water utility facility for Heritage Bay Unit 5 at Siesta Bay Drive, Phase 2, PL20100002018 and to authorize the County Manager, or his designee,to release the Utility Performance Security Bond (UPS) in the amount of$9,883.76 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 9:29:53 AM Approved By Name: Pam Libby Title: Manager-Operations-Water/WW,Water Date: 7/23/2013 1:40:49 PM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 7/23/2013 2:21:02 PM Name: Paul Mattausch Title: Director-Water.Water Date: 7/23/2013 4:03:29 PM Name: KovenskyKenneth Title: Management/Budget Analyst, Senior,Operations&Regulatory Management Date: 7/25/2013 10:15:08 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engine Date: 7/25/2013 12:08:26 PM Name: BeardLaurie Title: Planner,Transportation Planning Packet Page-444- 9/10/2013 16.A.15. Date: 7/29/2013 8:24:11 AM .,t,, Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 8/14/2013 4:25:52 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 8/19/2013 4:42:27 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/20/2013 11:25:37 AM Name: KlatzkowJeff Title: County Attorney Date: 8/22/2013 4:41:21 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/23/2013 3:24:29 PM Name: OchsLeo Title: County Manager Date: 8/25/2013 10:10:04 AM Atisk Packet Page-445- 9/10/2013 16.A.15. OYVATIMB aw 3OVag134 y a 1 Farm y ilvp A i 04 litla OWATIMO aw 3OVIION ik- #aiiI0 - - alp- - .oil!\cam© awoo are swon 'Fy / 4 rr a II a a a a x pTa I F a Q H U t qg o rc u x < :. .. / ga ° a Y z a a i co W O In w H < a m U z Ni U 3 ry i a N 17111 + 3,,,60 A.,. j ` ?TYR 1.-311 *1.'''' itilliCA I 11* ki _ -- a / ----1-2:1g ro SHOO Ol LON / 7 J-J Z 0 g' 113 'r — ry I V10F W • TW E 2 ■ U z q U1 W Cr 0 CL. J AiNnoo 331 • 1 1\4 . "3. U° ry g I Er-- >a a'U Je e $ al 0 ' I 1 L I-. OLVA31nos Hiroo WO 3au ,i g jI 8 Qa P $ Iss a e offi R ry 3 i I 1 i 1 '!8_j- ;T, Iiii — J ; Packet Page-446- • . 9/10/2013 16.A.15. CERTIFICATION OF CONTRIBUTORY ASSETS- COUNTY PROJECT NAME: HERITAGE BAY UNIT 5 AT SIESTA BAY DRIVE-PHASE 2 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 PVC DR14 Watermain 8" 22 LF $4.25 $93.50 Meter Assembly 8" 1 EA $13,500.00 $13,500.00 Gate Valve 8" 1 EA $600.00 $600.00 TOTAL COST / $14,193.50 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 `i JJl day of November, 2010 by Brian Penner who is personally known to me and who did not take an oath. �1 SEAL: 4j 1 tTt - rr _ C:\Documents and Settings\Bpenner.MSFLORIDA1Local Settings\Ter Packet Page-447-587_certcontribu toryAssets-water.Phase2.xis 9/10/2013 16.A.15. Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Heritage Bay Unit 5 At Siesta Bay Drive—Phase 2 Amount Receipt Number 10% UPS Bond $9,883.76 LOC No. FGAC-10055 Final Obligation Bond N/A Total Amount $9,883.76 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. Letter of Credit Packet Page-448- . • 9/10/2013 16.A.15. VERIFICATION OF FINAL COST PROJECT NAME: HERITAGE BAY UNIT 5 AT SIESTA BAY DRIVE-PHASE 2 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 1 ITEM SIZE QUAN. UNIT COST TOTAL I PVC DR14 Watermain 8" 780 LF $20.00 $15,600.00 Fire Hydrant Assembly w/6"Gate Valve 4 EA $3,210.00 $12,840.00 Gate Valve 8" 3 EA $1,120.00 $3,360.00 PVC DR14 Fireline 4" 269 LF $16.00 $4,304.00 Fire System Detector Check-Double 4" 2 EA $4,680.00 $9,360.00 Post Indicator Valve 4" 4 EA $1,500.00 $6,000.00 Check Valves 4" 4 EA $970.00 $3,880.00 Meter Assembly 8" 1 EA $21,000.00 $21,000.00 Water Services(Complete) 2" 4 EA $2,200.00 $8,800.00 Fire Department Connection 4" 4 EA $1,200.00 $4,800.00 TOTAL COST $89,944.00 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 �../a day of November, 2010 by Brian Penner who is personally known to me and who did not take an oath. 'de / t SEAL: P l7 i g?FT+A "ti5: 0,0v.2:,21.::'.1 L;TiUP W*ATLANTIC DZ./ADM;C.,WC. C:1Documents and Settings\Bpenner.MSFLORIDA\Local Settings\Ten Packet Page-449-587_VerificationFinalCost-Water-Phase2.xls • 9/10/2013 16.A.15. VERIFICATION OF FINAL COST PROJECT NAME: HERITAGE BAY UNIT 5 AT SIESTA BAY DRIVE-PHASE 2 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:SANITARY SEWER I ITEM SIZE QUAN. UNIT COST TOTAL I PVC Pipe SDR-26 Gravity Sewer Service 6" 530 LF $11.12 $5,893.60 Cleanout Assembly 10 EA $300.00 $3,000.00 TOTAL COST $8,893.60 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: it 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 c 4 day of November. 2010 by Brian Penner who is personally known to me and who did not take an oath. SEAL: 3111,Ail ,.L'uq tG C•^,LS;. C:\Documents and Settings\Bpenner.MSFLORIDA\Local Settings\'Packet Page-450-B3\2587_VerificationFinalCost-Sewer-Phase2.xls • 9/10/2013 16.A.15. FIDELITY GUAQANTY AND ACCEPTANCE C01-. r . 15550 LIGHTWAVE DRIVE - SUITE 200 - CLEARWATER , FLORIDA 33760 PHONE (7.27 )479 - 1790_ JANUARY 18,2011 IRREVOCABLE STANDBY LETTER OF CREDIT NO:-FGAC-10055 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA (HEREINAFTER"BENEFICIARY") C/O ENGINEERING REVIEW SERVICES 2800 NORTH HORSESHOE DRIVE NAPLES,FL 34104 APPLICANT: LENNAR.HOMES,LLC.(HEREINAFTER"APPLICANT") 10481 BEN C PRATT SIX MILE CYPRESS PARKWAY . FORT,MYERS, FLORIDA 33966 . GENTLEMEN: TO AMEND LETTER OF CREDIT NO.FGAC-10055 AS ISSUED IN YOUR FAVOR. THIS AMENDMENT.IS AN INTEGRAL PART OF THE ORIGINAL CREDIT. ALL OTHER TERMS AN.D 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 2 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. *AA, .A JACQ N DE SOU 4A,VICE PRESIDENT Packet Page-451- 9/10/2013 16.A.15. FIDELITY GUARANTY AND ACCEPT4CE co .KN 15550 LIGHTWAVE DRIVE - SUITE 200 CLEARUVATER�, FLORIDA 33760 ,, _ PHONE (7.27 ) 479 - 1790 IRREVOCABLE STANDBY LETTER OF CREDIT NO.FGAC-10055 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 THEREAF 1 ER 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, (HEREINAFTER"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 $9,883.76 (NINE THOUSAND EIGHT HUNDRED EIGHTY THREE AND 76/100 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 2 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 2; (II) THAT LENNAR HOMES, LLC. HAS BEEN GIVEN WRI!1EN 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 LE'1'1'hR OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-10055, DATED NOVEMBER 19, 2010." AND MUST BE MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, FOR PROPER ENDORSEMENT. Packet Page -452- • 9/10/2013 16.A.15. FIDELITY GUAONTY AND ACCEPTAE COKP . 15550 LIGHTWAVE DRIVE - SUITE 200 _ CLE ARWATER FLORIDA 337'60 PHONE (727 )479 - 17.90 THIS IS AN INTEGRAL PART OF LEI OF CREDIT NO.FGAC-10055 PAGE 2 THIS 'LE'1'1'ER 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 LE'1-1E.R OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT CBE 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. d MARK,SUSTANA,VICE PRESIDENT Packet Page-453-