Agenda 01/28/2020 Item #16A 2 (Final Acceptance - Logan Landings)01/28/2020
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for Logan
Landings, PL20180002504, accept the conveyance of a portion of the potable water and sewer
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 $40,553.97 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 the conveyance of a portion of the potable water and sewer facilities, and to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total amount of $40,553.97, in accordance
with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Logan Landings, 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 and sewer facilities was offered for conveyance to the County, as described in Official
Records (O.R.) Book 5564, Page (PG) 3721. The remaining potable water and sewer facilities will
be private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
October 22, 2018. At that time, the value of these potable water and sewer utility facilities (assets)
was $6,328.90 and $1,465.80, respectively. (See attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water and sewer
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 and sewer facilities by Utilities Facilities Warranty Deed and Bill of
Sale recorded in Official Records Book 5564, at page 3721 of the Public Records of Collier County,
Florida (“the Utilities Facilities Deed”).
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 and workmanship has been conducted by staff on
December 13, 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 and sewer utilities described in
O.R. Book 5564, PG 3721, 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 $40,553.97. (See
attached Exhibit A). Staff also recommends acceptance of the Utilities Facilities Deed and the
facilities described therein.
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
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9) 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 title to a portion of the potable water and sewer utility facilities, which at the time of
preliminary acceptance, had a total gross value of $7,794.70 (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 -SAA
RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for Logan
Landings, PL20180002504, accept the conveyance of the Utilities Facilities Deed and the facilities
described therein, 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 $40,553.97 to the Project
Engineer or the Developer’s designated agent.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Exhibit A (PDF)
3. Assets Sheet (PDF)
4. Warranty Deed and Bill of Sale (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 11112
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for Logan Landings, PL20180002504, accept the conveyance of a portion of the potable water
and sewer 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 $40,553.97 to the Project
Engineer or the Developer’s designated agent.
Meeting Date: 01/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/13/2019 10:15 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/13/2019 10:15 AM
Approved By:
Review:
Water Pamela Libby Additional Reviewer Completed 12/13/2019 10:16 AM
Water Steve Messner Additional Reviewer Completed 12/13/2019 10:17 AM
Growth Management Development Review Marcus Berman Additional Reviewer Completed 12/13/2019 11:07 AM
Wastewater Steve Nagy Additional Reviewer Completed 12/13/2019 1:00 PM
Wastewater Beth Johnssen Additional Reviewer Completed 12/13/2019 1:58 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/13/2019 4:27 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 12/16/2019 9:28 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/16/2019 12:42 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/16/2019 6:27 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/26/2019 10:03 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2019 2:40 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/27/2019 5:40 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/07/2020 9:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/07/2020 9:25 AM
Grants Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/07/2020 11:24 AM
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Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/08/2020 7:53 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/21/2020 11:47 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
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LOGAN LANDINGS
LOCATION MAP
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Packet Pg. 1147 Attachment: Location Map (11112 : Final Acceptance of Utilities - Logan Landings)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $36,553.97 BND21577547
Final Obligation Bond $4,000.00 2018544397
Total Amount $40,553.97
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
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Packet Pg. 1148 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
Logan Landings
Section 28,Township 48 South, Range 26 East
Collier County, Florida
lmmokalee Road Associates, LLC.
1600 Sawgrass Corporate Parkway, Ste. 400
Sunrise, FL 33323
Quantity Unit Type Unit Price Total
68 LF $ 18.80 $ 1,278.40
262 LF $ 8.26 $ 2,164.12
23 LF $ 9.80 $ 225.40
1 EA $ 675.00 $ 675.00
1 EA $ 560.00 $ 560.00
1 EA $ 325.00 $ 325.00
1 EA $ 1,224.00 $ 1,224.00
2,013 LF $ 14.70 $ 29,591.10
14 EA $ 2,466.80 $ 34,535.20
23 EA $ 780.00 $ 17,940.00
7 EA $ 840.00 $ 5,880.00
35 EA $ 225.00 $ 7,875.00
11 EA $ 2,450.00 $ 26,950.00
1 EA $ 30,000.00 $ 30,000.00
2,013 LF $ 2.00 $ 4,026.00
PROJECT NAME:
LOCATION:
OWNER:
TYPE OF UTILITY SYSTEM: SANITARY SEWER
ITEM
4" HOPE DR-11 Force Main
4" PVC C900 DR18 w/Fittings
4" PVC C900 DR14 w/Fittings
4" Gate Valve
4" Plug Valve
4" Check Valve
Air Release Valve
8" PVC Gravity Sewer
Manhole
6" Single Sewer Service Lateral
6" Double Sewer Service Lateral
Sewer Cleanouts
750 Gallon Grease Traps
Lift Station
TV Inspection an Initial Turnover
TOTALS $ 163,249.22
I do hereby c t the quantities of material and services described above are true and an accurate
represent on of the ystem.
-�
David C. Scafidi, Vice President
OF:
STATE OF FLORIDA )
) SS:
MITCHELL & STARK
6001 Shirley Street
Naples, Florida 34109
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me thi� day of /41 a David C. Scafidi, VP, who is personally known to me and who did not take an oath. /
, 2018 by
SE.A
VERIFICATION OF FINAL COST
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Packet Pg. 1149 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
VERIFICATION OF FINAL COST
PROJECT NAME:
LOCATION:
OWNER:
TYPE OF UTILITY SYSTEM: POTABLE WATER
ITEM
4" PVC DR-18 Water Main w/Fittings
4" PVC DR-14 Water Main w/Fittings
12" HOPE DR-11 Water Main
12" Gate Valve
8" Gate Valve
4" Gate Valve
Air Release Valve
3" Meter Assembly
3/4" PE Water Service
1" PE Water Service
1 1/2" PE Water Service
2" PE Water Service
6" PVC Fire Line
8" PVC Fire Line
8" DDCV
Fire Hydrant w/6" Gate Valve
Testing
TOTAL COST
David C. Scafidi, Vice President
OF:
STATE OF FLORIDA )
) SS:
Logan Landings
Section 28,Township 48 South, Range 26 East
Collier County, Florida
lmmokalee Road Associates, LLC.
1600 Sawgrass Corporate Parkway, Ste. 400
Sunrise, FL 33323
Quantity Unit Type
19 LF
2,226 LF
166 LF
2 EA
18 EA
6 EA
2 EA
1 EA
9 EA
1 EA
4 EA
10 EA
294 LF
3,423 LF
1 EA
14 EA
1 EA
MITCHELL & STARK
6001 Shirley Street
Naples, Florida 34109
Unit Price Total
$ 7.30 $ 138.70
$ 9.80 $ 21,814.80
$ 22.40 $ 3,718.40
$ 1,550.00 $ 3,100.00
$ 1,285.00 $ 23,130.00
$ 750.00 $ 4,500.00
$ 1,348.00 $ 2,696.00
$ 7,500.00 $ 7,500.00
$ 225.00 $ 2,025.00
$ 280.00 $ 280.00
$ 314.00 $ 1,256.00
$ 335.00 $3,350.00
$ 14.30 $ 4,204.20
$ 18.80 $ 64,352.40
$10,000.00 $ 10,000.00
$ 3,500.00 $ 49,000.00
$ 1,225.00 $ 1,225.00
$ 202,290.50
COUNTY OF COLLIER ) _ -'r-The foregoing instrument was signed and acknowledged before me this ;2-Yc]ay of , 2018 by
David C. Scafidi, VP, who is personally known to me and who did not take an oath.
SEAL:
BELINDA BURGBACHER
�MY COMMISSION# FF 162074 EXPIRES· January 22, 2019
Bonced Thru Notary Pub!.:: Underwriters
"'911P:,liiQ11lf·��..........--
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Packet Pg. 1150 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
Form 2 - Rev. 2014 (Utilities Performance Bond)
UTILITIES PERFORMANCE BOND
Bond No. BND21577547
KNOW ALL PERSONS BY THESE PRESENTS: that
Immokalee Road Associates, LLC
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, FL 33323
(hereinafter referred to as "Owner", and
QBE Insurance Corporation
88 Pine Street
New York, NY 10005
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter
called "County"), in the total aggregate penal sum of Thirty Six Thousand Five Hundred Fifty Three
and 97/100 Dollars (S36,553.97) 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 fCf h /A
Logan Landings Section 28, Township 48 South, Range 26 East, Water & Sewer a copy of which
is hereto attached and made a part hereof; and
,201? , further described as
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
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Packet Pg. 1151 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
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.
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
24th day of September. 2018.
Owner
Immokalee Road Associates. EECAttest:
By:
(Corporate Seal)
Bn: I
Alan Fant, VP, Asst. Secretary N. Maria Mgnei :e
State of Florida
County of Broward
I HEREBY CERTIFY that on this day. before me. an officer duly authorized to take
acknowledgements, personally appeared N. Maria Menendez. Vice President of Immokalee Road
Associates. LLC. to me known to be described in and who executed the foregoing instrument and
acknowledged to and before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid this
2018.
2
Notary Public.
- • sMy commission expires Hr-*= ■*:; =#GG 192428 . ^
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Packet Pg. 1152 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
Surety
c
QBE Insurance CorporatonAttest: Rebecca
(Corporate Seal)
-R Q^Kevin R. Wojtowicz, Attorney-In-Fact and
Florida Resident Agent
Bv:
State of Florida
County of Pinellas
Before me this day personally appeared Kevin R. Wojtowicz. Attorney-In-Fact for QBE
Insurance Corporation, who. being duly sworn, executed the foregoing instrument and acknowledged to
and before me. the truthfulness and accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 24th day of
September, 2018.
Notary Piihlip, State of Florida
T C BROWN
COMMISSION tt GG162189
EXPIRES Jan. 12, 2022
BONDED THROUGH -----Rtl INSURANCE
I NOTARY
| PUBLIC I
STATE OF\
.FLORIDA JMy commission expires
COMPANY
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Packet Pg. 1153 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BLUE BORDER
QBE POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS, that QBE Insurance Corporation (the ‘Company"), a corporation duly organized and
existing under the laws of the State of Pennsylvania, having its principal office at 55 Water Street 20;'’Floor, New York, NY 10041, has
made, constituted and appointed, and does by these presents make, constitute and appoint Kevin R. Wojtowicz, of Nielson, Hoover
& Company, Inc. of St. Petersburg, FL its true and lav/ful Attorney-in-Fact, to sign its name as surety only as delineated below and
to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of financial guaranty insurance, to
the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its
principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York,
without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following resolutions, which
were duly and validly adopted at a meeting of the Board of Directors of the Company with effect from June 30, 2014:
RESOLVED, that the Chief Executive Officer, any President, any Executive Vice President, any Senior Vice President, any
Vice President, the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys-
in-Fact and agents to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of
their authority; and to revoke any such appointment at any time;
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond,
recognizance, or conditional undertaking will be valid and binding upon the Company when (a) signed by any of the aforesaid
authorized officers; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and agents pursuant to the
power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written
delegation of authority; and
FURTHER RESOLVED, that the signature of any authorized officer and the seal of the Company may be drawn on or affixed
by facsimile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution
and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and
seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for
the purposes herein stated the facsimile or electronically reproduced signature of any person or persons who shall have been
such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such
instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this December 15, 2017.
Attest:QBE INSURANCE CORPORATION
U'oVV'By:(Seal)By:
Matt Curran
Senior Vice President
Brett Halsey
Senior Vice President
STATE OF NEW YORK ))SSCOUNTY OF NEW YORK )
On this December 15, 2017, before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice
Presidents of QBE Insurance Corporation, and that each, as such, being authorized to do. execute the foregoing instrument for the
purposes therein contained by signing on behalf of the corporation by each as a duly authorized officer.
''tk ^ —/HarpreeV^aur Mann, Notary Public '
Harpreet Kaur Mann
Notary Public, State of New York
No. 02MA6335099
Qualified in New York County
Comiaisaon Expires December 28,2019
By:
CERTIFICATE
I, Jose Ramon Gonzalez, Jr., the undersigned, Corporate Secretary of QBE Insurance Corporation do hereby certify that the forgoing
is a true, correct and complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or-rescinded
and that the authority of the Attorney-in-Fact set forth herein, who executed the bond or undertaking to which this Powsr ofAHornfey is
attached, is in full force and effect as of this date
day of rn ip
r?.
■2 G&Given under my hand and seal of the Company, this .
(Seal)
By:
Jose Ramon Gonzalez, Jr., Corporate Secretary
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2018544397
Transaction Number:2018-083145
Date Paid:09/18/2018
Amount Due:$4,000.00
Payment Details:Payment Method Amount Paid Check Number
Check $4,000.00 00000416
Amount Paid:$4,000.00
Change / Overage:$0.00
Contact:IMMOKALEE ROAD ASSOCIATES, LLC
1600 SAWGRASS CORPORATE PARKWAY, STE 400
SUNRISE, FL 33323
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Utility Performance
Refundable Bond
PL20180002504 $4,000.00 $4,000.00 670-000000-220113
Cashier Name:ShayraJorge
Batch Number:7696
Entered By: LuciaMartin
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Packet Pg. 1192 Attachment: Exhibit A (11112 : Final Acceptance of Utilities - Logan Landings)
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Packet Pg. 1193 Attachment: Assets Sheet (11112 : Final Acceptance of Utilities - Logan Landings)
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16.A.2.dPacket Pg. 1199Attachment: Warranty Deed and Bill of Sale (11112 : Final Acceptance of Utilities - Logan Landings)
16.A.2.d
Packet Pg. 1200 Attachment: Warranty Deed and Bill of Sale (11112 : Final Acceptance of Utilities - Logan Landings)
16.A.2.d
Packet Pg. 1201 Attachment: Warranty Deed and Bill of Sale (11112 : Final Acceptance of Utilities - Logan Landings)