Agenda 02/12/2019 Item #16A 402/12/2019
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for 16000
Industrial Center, PL20160001602, accept unconditional conveyance of a portion of the potable
water facilities, 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 $10,895.88 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 of the potable water and sewer facilities,
accept unconditional conveyance of a portion of the potable water facilities, and to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total amount of $10,895.88, in accordance
with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of 16000 Industrial Center, has constructed the potable water and sewer facilities
within dedicated easements to serve this private development (see attached location map). A portion
of the potable water facilities will be conveyed to the County, as described in Official Records
(O.R.) Book 5320, Page (PG) 432. The remaining potable water and all sewer facilities will be
private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
September 27, 2018. At that time, the value of these potable water utility facilities (assets) was
$2,534.54. (See attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water facilities
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 interest in a portion
of the potable water facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded O.R.
Book 5320, PG 432 of the Public Records of Collier County, Florida.
4) The potable water and sewer 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 a nd workmanship has been conducted by staff on
January 02, 2019, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) The on-site potable water and sewer utilities, less the potable water utiliti es described in O.R. Book
5320, PG 432, are owned and maintained by the developer.
7) 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 of $10,895.88. (See
attached Exhibit A).
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
9) Staff is unaware of any issues that would serve to negate the recommendation to release the
applicable security.
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02/12/2019
FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer
District receiving unconditional title to a portion of the potable water utility facilities, which at the time of
preliminary acceptance, had a total gross value of 2,534.54 (no depreciation applied) and an asset will be
recorded in the financial records of the county.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 of the potable water and sewer facilities for 16000
Industrial Center, PL20160001602, accept unconditional conveyance of a portion of the potable water
facilities, 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 $10,895.88 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. Assets Sheet (PDF)
3. Exhibit A (PDF)
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02/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 7699
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for 16000 Industrial Center, PL20160001602, accept unconditional conveyance of a portion of
the potable water facilities, 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 $10,895.88 to the Project
Engineer or the Developer’s designated agent.
Meeting Date: 02/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/02/2019 2:25 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/02/2019 2:25 PM
Approved By:
Review:
Wastewater Steve Nagy Additional Reviewer Completed 01/02/2019 2:52 PM
Water Pamela Libby Additional Reviewer Completed 01/02/2019 3:51 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/03/2019 8:11 AM
Water Beth Johnssen Additional Reviewer Completed 01/03/2019 8:40 AM
Wastewater Beth Johnssen Additional Reviewer Completed 01/03/2019 8:41 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 01/03/2019 12:02 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 01/03/2019 12:39 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/08/2019 1:16 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/10/2019 2:05 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/10/2019 3:32 PM
Growth Management Department James C French Deputy Department Head Review Completed 01/14/2019 5:41 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2019 1:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2019 2:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/22/2019 3:36 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/23/2019 3:25 PM
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02/12/2019
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/31/2019 11:19 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
16.A.4
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16000 INDUSTRIAL CENTER
LOCATION MAP
16.A.4.a
Packet Pg. 483 Attachment: Location Map (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
16.A.4.bPacket Pg. 484Attachment: Assets Sheet (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $6,895.88 3377043
Final Obligation Bond $4,000.00 2016348951
Total Amount $10,895.88
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. Utility Performance Bond
3. Receipt of Payment
16.A.4.c
Packet Pg. 485 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
16.A.4.cPacket Pg. 486Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
16.A.4.cPacket Pg. 487Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
Form 2 - Rev. 2004 (Utilities Performance Bond)
UTILITIES PERT'ORMAIICE BOND
Bond #3377043
KNOW ALL PERSONS BY THESE PRESENTS: that Old 41 Warehouse, LLC; 3375 Pine
Ridge Rd., #206; Naples, FL 34109 (hereinafter referred to as "Owner", and SureTec
Insurance Company; 1330 Post Oak Blvd., SU 1100; Houston, TX 77056 (hereinafter
referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter
called "County"), in the total aggregate penal sum of Six thousand, eight hundred ninety-five
and 88/100 Dollars ($6,895.88) in lawful money ofthe 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.
TIIE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a
certain Utilities System Construction Contract, dated the \CD auy of
of which is hereto attached and made a part hereof; and
A"S,2o16, a copv
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") conceming 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, TI#REFORE, 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 satisfo all claims and demands incurred under such contract, and shall fully
indemnifr 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 fu[ force and effect.
PROVIDED, FURTHE& 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 ofthe contract or to the work or to the specifications.
41
16.A.4.c
Packet Pg. 488 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
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 ofthe 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
lOth dav ofAugust. 2016.
a_S.*-\PRINT NAME
SURETY:
C o,rrd i ce Borr., , ns
Tec I ra e Com pany
Offorn-e-PRINT NAME:
S
6ekf r<-Y
b<to
CIP
ld 41 w
42
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16.A.4.c
Packet Pg. 489 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
State of
County of
On this l D aay ot ftuQ3:Et 20 lt!.before me personally appeared
personally known to me (or p to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity as the
of ())J q\ u"^L]-C
which executed the foregoing instrument; that he/she is a manager, member or director of said LLC and that
he/she
stg ned his/her name to the said instrument by like order
WITNESS my hand and official seal
N ry Pu lic
Commission Expires t lS-S\ p --t
County of COLLIER
s
s
s
s
s
s
On this 10 day of AUGUST 2016,
CHARITY A. MOSER
before me personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity as the
ATTORNEY-IN FACT of SURETEC INSURANCE COMPANY
which executed the foregoing instrument; that he/she is a manager, member or director of said LLC and that
he/she
signed
WTNE
his/her name to the said instrument by like order
SS my hand and
IH
Public
mmtsslon res
Prepared by: Dale Greig;3855 Shallowford Rd., SU 610; Mariettq GA 30062
No
Co t'1
RE BECCA N IE I.SE N
Commiss ion t EE 878565
My Com mission ExPires
Februoly 26,2O17
KRISTIN M. NEIERT
NOTARY PUBLIC
SIATE OF FLORIOA
coMMISSION NO. EE884506
MY COMMISSION EXPIRES MAY 5, 2017
0l /2005
Principal Notary Acknowledgment
Surety Notary Acknowledgment
State of FLORIDA
43
16.A.4.c
Packet Pg. 490 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
trnow All Mel by These hesents, That SURETEC INSURANCE COMPANY (the "Company''), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presetrts
make, constitute and appoint
Charity Moser
its aue and la\4fi Attomey-in-fact, with firll power and authority hereby confened in its name, place and stea4 to execute, acloowledge
and detiver any an<l all bonds, recognizances, undertakings or other instrumeDts or contacts of suetyship to include waivers to the
conditions of contracts and consents of suety for:
Principal: Old 4'l Warehouse, LLC
obligee: Collier County Public Utilities
Amoutrt: $ 6,895.88
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifring and confirming all that the said Attomey-in-Fact may do in the
premises. Said appoinment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insura.uce Company:
Be it Resohted, that the President, any Vicc-Presiden! aDy Assistaot Vicc.Presidetr! aDy Sccletary or any Assistant Socrctary shall be and is
haeby vcsted with full power and authority to appoiot afly onc or more suitable persoN as Attomey(s)-in-Fact to represent and act for and on
behalf ofthe Company subject to the follo\rhg provisions:
Attorney-in-Fact may be given full power and authority for and io the DaDe of and of behalf ol th€ Company, to exccute, acknowledge and
dclivcr, any and all bonds, recogaizances, contracts, agreements or indemnity alld other co[ditional or obligatory undertakings and 8ny and all
noticrs and documents c@clling or tormi[ating lhe Company's liability thseuoder, and any such ilstrumctrts so exccuted by any such
Attomey-itr-Facl shall be bhding uporl the CompaDy as if sigoed by the Preside aod sealed and effected by the CorpoIate Secretary.
Be it Resobed. thelr}lg signatue of any authorized offcer and seal ofthe Compatry hgretofore or hercafter affixed to any Power of attom€y or
any aertificate relating thereto by facsioilg and any power ofattom€y or certificate bearing facsimile signatue or facsimile seal shall be valid
ana tinding upon ttrJcompany-with respect to any 6oad or undertaklng ro which it is attach ed. (Adopied ot a neeting held on 20d of April,
1999.)
ht Witness llherco!, STJRETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporale seal
to be hereto affixed this 2 I st day of March, A.D. 20 I 3 .
SURETEC OMPANY
By
John idetrt
State of Texas
Coutrty ofHarris
ss
On this 2lst day of March, dD. 20l3 before me persoually came John Knox Jr., to mo known, who, bcing by me duly swom, did dcpose aDd say,that he
rcsides in HoustoD, T€x85, that ho is Prcsident of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instsumcnt; that he klows the seal ofsaid Company; that the seal affixed to said instument is such corporatc seal; that it rras so affixed by order of the
Board ofDir€ctoE ofsaid Company; and that he sigtred his narne thereto by like order.
elyn Maldonado, Notary Public
My commissiou expires May 18, 2017
l, M. Bretrt Beaty, Assistant Socaetary of SUR-ETEC INSURANCE COMPANY, do heleby certi& that the aboye and fo!€goilg is a true and concct copy
ofa Power of Attomoy, executed by said Compann which is still in full force and effcct; and flrthormore, the rcsolutions ofthe Board ofDirectols, set
out in the Power of Attomey ar€ in full forcc and effect.
Given under my hand and the seal of said Company at Houston, Texas this 11th day of St 2016
Beaty,t re&ry
Any instrumonl l9sued ln oxc€sa ofth€ p3nalty stated above ls totally vold and wlthout any valldlty.
For verlffcatlon ot the authorlty of thls pow6r you may call (713) 812-0800 any buslnols day botwron 8:00 am and 6:00 pm cST
JACOUELYN MALDONADO
Nolary Public
Slat6 ol Texas
My Comm. &p.5/18/2017
A,D
poas, 3377043
16.A.4.c
Packet Pg. 491 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2016348951
Transaction Number:2016-055589
Date Paid:08/31/2016
Amount Due:$4,000.00
Payment Details:Payment Method Amount Paid Check Number
Check $4,000.00 001075
Amount Paid:$4,000.00
Change / Overage:$0.00
Contact:OLD 41 WAREHOUSE LLC
425 DOCKSIDE DR # 801
NAPLES , FL 34110
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Utility Performance
Refundable Bond
PL20160001602 $4,000.00 $4,000.00 670-000000-220113
Cashier Name:ElizabethMendez
Batch Number:5610
Entered By: melissaalvarez
16.A.4.c
Packet Pg. 492 Attachment: Exhibit A (7699 : Final Acceptance of Utilities - 16000 Industrial Center)