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Agenda 11/13/2018 Item #16A 611/13/2018 EXECUTIVE SUMMARY Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 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 potable water facilities and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $5,912.49, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of Walmart #1957 Liquor Store Addition, has constructed the potable water facilities within dedicated easements to serve this development. (See attached location map). 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on May 23, 2017. At that time, the value of these potable water utility facilities (assets) was $6,983.20. 3) Staff recorded all preliminary acceptance documents associated with the facilities being conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney’s office as to form and legality. The County acquired its record interest by Utility Facilities Warranty Deed, and Bill of Sale recorded in Official Records Book 5401, at Page 1146, of the Public Records of Collier County, Florida. 4) The potable water 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 Development Review staff on October 8, 2018, in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 6) 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 $5.912.49. 7) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. 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 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 $6,983.20 (no depreciation applied). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 16.A.6 Packet Pg. 524 11/13/2018 LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: To approve final acceptance and unconditional conveyance of the potable water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 3. Assets Sheet (PDF) 16.A.6 Packet Pg. 525 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 7004 Item Summary: Recommendation to approve final acceptance and unconditional conveyance of the potable water utility facilities for Walmart #1957 Liquor Store Addition, PL20170000924 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 $5,912.49 to the Project Engineer or the Developer’s designated agent. Meeting Date: 11/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/09/2018 2:27 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/09/2018 2:27 PM Approved By: Review: Water Steve Messner Additional Reviewer Completed 10/09/2018 2:31 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/09/2018 4:30 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/10/2018 11:41 AM Water Pamela Libby Additional Reviewer Completed 10/15/2018 9:18 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/15/2018 12:54 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/15/2018 3:22 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/15/2018 3:27 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/16/2018 9:59 AM Growth Management Department James C French Deputy Department Head Review Completed 10/16/2018 5:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2018 7:11 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/17/2018 1:43 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/22/2018 9:16 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/22/2018 10:30 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 3:27 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.6 Packet Pg. 526 WALMART #1957 LIQUOR STORE LOCATION MAP 16.A.6.a Packet Pg. 527 Attachment: Location Map (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $1,912.49 09248903 Final Obligation Bond $4,000.00 2017400715 Total Amount $5,912.49 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. Receipt of Payment 16.A.6.b Packet Pg. 528 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) VERIFICATION OF FINAL COST WALMART LIQUOR BOX EXPANSIONPROJECT NAME 11225 TAMIAMI TRAIL NORTH, NAPLES, FL 34110LOCATION NAME & ADDRESS OF OWNER WALMART STORES EAST, LP 2001 SE 10TH STREET BENTONVILLE, ARKANSAS 72716 POTABLE WATER (MATERIAL AND SERVICES)TYPE OF UTILITY SYSTEM: QUAN. UNIT COST TOTALSIZEITEM LF $27.92 EA $441.66 EA $32500 EA $875.00 EA $3,974 15 LF $1527 $8 376.00 $5.299 92 $325 00 $875.00 $3,974 15 $274 86 $19,124 93 ✓ 8"300C900 DR14 45 MJ MJ TEE GATE VALVE HYDRANT ASSEMBLY C900 DR14 8"12 8"1 6"1 1 6"18 TOTAL COST I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities CERTIFYING: / A MARTY THOMPKINS, PRESIDENT OF THOMPKINS CONTRACTING, INC 3507 LEE BLVD, SUITE 230 LEHIGH ACRES, FL 33971 FLORIDASTATE OF COUNTY OF LEE The foregoing instrument was signed and acknowledged before me this 1ST day of MARCH , 2017 by MARTY THOMPKINS who is personally known to me X_ OR who produced identification____ Type of Identification Produced v rn-Seal ETHEL M. THOMPKINS Notary Public - State ot Florida My Comm. Expires Jan 23. 2019 Commission # FF 164142 f-Notary Public v*:W -•sr 16.A.6.b Packet Pg. 529 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) Form 2 -Rev. 2004 (Utilities Performance Bond) Bond No. 09248903 TR#9552 UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Wal-Mart Store East, LP dba Store 1957, 2001 SE 10TH St, Bentonville, AR 72716-5570 (hereinafter referred to as "Owner"), and Fidelity and Deposit Company of Maryland, 1299 Zurich Way, Schaumburg, IL 60196 hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, hereinafter called "County"), in the total aggregate penal sum of ONE THOUSAND NINE HUNDRED TWELVE DOLLARS AND 49/100($1,912.49) 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 entered into a certain Utilities System Construction Contract, dated the 31st day of October, 2016, a copy of which is hereto attached and made a part hereof; and 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 Owner'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 Owner 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 Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner 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 its obligation on this Bond, and does hereby 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. 41 16.A.6.b Packet Pg. 530 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) 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 Owner 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 27th day of_March 20 17 Owner Signature: C5 ' Witness Signature: 1,a-1 "Y y u_JLI ., Notary: State of Arkansas County of Benton wo t`and subscriber beforebeJme on this day of 1C(, 20 ill , by r 'T t J S personally known x or Produced Identificatio CRYSTAL UPHOFF NOTARY PUBLIC Notary Seal: My CommissionBenton County.Arkansas10/10/2028 Notary Signatur __ . Commission Number 12 61088 4ir NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. Surety Signature: ,, 1 A/ Surety Witness Signal Notary: State of Missouri County of_St. Louis Sworn to and subscriber before me on this 27th day of_March 20_17 by JoAnn R. Frank personally known_as Attorney-in-Fact for Fidelity and Deposit Company of Maryland or Produced Identification Notary Signature: SANDRA L. HAM Notary Public, Notary Seal State of Missouri St. Louis County 42 Commission # 124501 77 My Commission Expires January 18, 2021 16.A.6.b Packet Pg. 531 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) Prepared by: JoAnn R. Frank Address: Marsh USA Inc., 701 Market Street, St. Louis, MO 63101 Signature of Preparer: ° (60.1 - /'W''' Ci F on Resident License No.: '1 46340 Witnes,"' ,A1 1 01/2005 43 16.A.6.b Packet Pg. 532 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Pamela A.BEELMAN,Cynthia L.CHOREN,Heidi A.NOTHEISEN,Joann R.FRANK,Karen L.ROIDER, Debra C. SCHNEIDER,Sandra L.HAM and Brittany D. CLAVIN,all of St.Louis,Missouri, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of October,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL to: 7 S un u'. tees ' f BY Secretary Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 17th day of October,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 11,1%" Maria D.Adastikkf,Notary Public My CommistiOn_Expires;Jufi 8;2019 POA-F 079-0626B 16.A.6.b Packet Pg. 533 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,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 seals of the said Companies, this _27_day of March 20_17• O o[py., G..INS. 4 Qa, °w,o g4y0p s apt`'- :: áJs-...,4-. .... 0=g1989a 4„, Tei, 6,44, -? /./t Gerald F. Haley,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 16.A.6.b Packet Pg. 534 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2017400715 Transaction Number:2017-024191 Date Paid:04/19/2017 Amount Due:$4,000.00 Payment Details:Payment Method Amount Paid Check Number Check $4,000.00 9521695 Amount Paid:$4,000.00 Change / Overage:$0.00 Contact:WAL-MART STORES INC 702 SW 8TH ST # 1957 BENTONVILLE, AR02H0 727166209 , FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Utility Performance Refundable Bond PL20170000924 $4,000.00 $4,000.00 670-000000-220113 Cashier Name:MartinRuedy Batch Number:6283 Entered By: melissaalvarez 16.A.6.b Packet Pg. 535 Attachment: Exhibit A (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition) CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY WALMART LIQUOR BOX EXPANSIONPROJECT NAME 11225 TAMIAMI TRAIL NORTH, NAPLES, FL 34110LOCATION NAME & ADDRESS OF OWNER WALMART STORES EAST, LP 2001 SE 10TH STREET BENTONVILLE, ARKANSAS 72716 POTABLE WATER (MATERIALS ONLY)TYPE OF UTILITY SYSTEM QUAN. UNIT COST TOTAL| ITEM SIZE LF $804 EA $49 74 EA $56 18 EA $103.32 EA $45293 EA $1,615.13 LF $4.68 $2,412.00 $1,641.42 $674.16 $103 32 $452 93 $1,615.13 $8424 $6,983.20 8"300C900 DR14 RESTRAINTS 45 MJ MJ TEE GATE VALVE HYDRANT ASSEMBLY C900 DR14 8" 33 128" 18" 6"1 1 186" TOTAL COST I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities CERTIFYING: "7 £ MARTY THOMPKINS, PRESIDENT THOMPKINS CONTRACTING, INC 3507 LEE BLVD, SUITE 230 LEHIGH ACRES, FL 33971 OF FLORIDASTATE OF COUNTY OF LEE The foregoing instrument was signed and acknowledged before me this 1ST day of MARCH . 2017 by MARTY THOMPKINS who is personally known to me X_ OR who produced identification_____ Type of Identification Produced (r Y *Seal -ETHEL M. THOMPKINS \ Notary Public - State ol Florida / My Comm Expires Jan 23. 2019 Commission # FF 164142 tw :%nNotary Public 16.A.6.c Packet Pg. 536 Attachment: Assets Sheet (7004 : Final Acceptance of Utilities - Walmart #1957 Liquor Store Addition)