HomeMy WebLinkAbout2001 01 22 Consent A Water and Sewer System Improvements
COMMISSION AGENDA
ITEM A
Consent XX
Information
Public Hearin2:
Re~ular
January 22, 2001
Meeting
MGR. ~ /D,t
REQUEST: Community Development Department, Land Development Division, requesting
Commission approval for the acceptance of the improvements (water and sewer
system) located in Parkstone Unit 2 for City ownership and maintenance.
PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the
water and sewer system within the Parkstone Unit 2 subdivision for public
ownership and maintenance. This subdivision is located north of SR 434, east of
the Seminole County School Board Transportation facility, south of Lake Jesup
and west of Central Winds Park.
APPLICABLE CODE:
Section 9-76(b) Maintenance Bond. When requesting to record a plat for which
the improvements have been installed and approved by the City Engineer and when
the City is being asked to accept such improvements, the subdivider shall provide a
maintenance bond payable to the City guaranteeing the performance of required
and installed improvements for two (2) years after date of completion and
acceptance by the City, executed and enforceable in the same manner as the
corporate or surety bond, The bond shall be in the amount often (10) percent of
the estimated construction cost of all improvements to be owned and maintained
by the City. As an alternative to the provision of a corporate or surety bond, the
subdivider may provide the deposit of equivalent cash in an escrow account with
the City, or a letter of credit drawn on an approved institution, drawn in a form
approved by the city attorney.
FINDINGS: 1) The plat for Parkstone Unit 2 subdivision was approved for recordation at the
August 14, 2000 Commission Meeting.
January 22, 2001
CONSENT AGENDA ITEM A
Page 2
2) Parkstone Unit 2 subdivision improvements have been inspected by the Fire
Department, Police Department, Public Works/Utility Department and the City
Engineer. All agencies found the work to be acceptable.
3) The City Engineer reviewed and approved the construction cost of
$130,460.00 (10% bond amount of$13,046.00) for improvements to be accepted
for City ownership and maintenance.
4) The City Attorney is in the process of reviewing the Maintenance Bond for
legal content.
RECOMMENDA TION:
Staff recommendation is for the approval and acceptance of the improvements
(water and sewer system) located in Parkstone Unit 2,
ATTACHMENT:
A - Land Development Coordinator Memo to City Attorney dated
January 11, 2001
COMMISSION ACTION:
ATTACHMENT A
January 11, 2001
To: Anthony Garganese, City Attorney ~
From: Don LeBlanc, Land Development Coordinato~
Re: Parkstone Unit 2 Improvements Acceptance
Proposed Maintenance Bond
Attached for your legal review is the above referenced, proposed maintenance bond required for
the acceptance of the water and sewer system for City ownership and maintenance for Parkstone
Unit 2. The Construction Inspector has agreed to the amount furnished.
On this date I called the Florida Insurance Consumer Hot Line and talked to Steve who stated
that SAFECO Insurance Company of America has been licensed to conduct business in the State
since 1954 and meets all statutory requirements. Their rating by AM Best is A+.
The acceptance of improvement will be a Consent Agenda Item at the Commission Meeting of
January 22, 2001,
,.,
'.\
Bond Number: 6013859-1
SUBDIVISION.AND StrE PLAN
MAINTENANCE .BOND FO}3, WATER AND SEWER FACILITIES
KNOW ALL h.1EN BY THESE PRESENTS:
That we Centex Homes -.J whose address is 385 Douglas Ave_.
Altamonte Springs, FL 32714. hereinafter referred to as '':Principal'' and SAFE CO Ins. Co.
of America. whose address is SAFECO Plaza. Seattle. WA 98185
. heroinafter referred to as <<Surety" are held and .finnly
bound unto City of Winter Springs, City Engineer, Winter Springs, Florida
~ heremafter referred to as the City in the!iU.IIl ofS 13 .046 .00-----------
for the payment .of which we bind ourselves. heirs. executors,succeSsors. and assigns,
jointly and severally, firmly by these presents= .
WHEREAS PRINClP AL has constructed certain Improvements, including water and
sewer facilities and other appurtenances in that certain subdivision described as
PARKSTONE UNIT 2. . a plat of\Vbiehis recorded in Plat Book 5e, , Page
'2.-'\-'15 . Public Reeoros of Seminole County, Florida.
WHEREAS, the aforesaid improvements were made pursuant to certain plans and
specifications dated June 30 . 19~ and filed with the City of
Winter Springs, City Engineer, Winter Springs, Florida.
WHEREAS PRINCll'AL is obligated to protect the City against any defects
resulting 1jx)m. faulty materials or workman!;wp of said improvements ~d to TTt~mb1n
said improvements fi?r a period of two (2) years from . ~ 20_.
NOWTHREFORE. the condition of this obligation is such that ifPRINCIPAL6hall
promptly and faithfully protect the City against any jmpro'Vements and JT1~inrnm
said iinprovem.ems for a period oftw'o (2) yeatS froxn J 20---,
Then. this obUgation shall be nun and voi~ otherwise it shall. remain In fi1ll force and
effect.
The City of 'Win1;er Springs ,_Flo~ida,shaU notify the PRIN'CIPAL in writing of
any defect' Cor which the: PRINCIPAL is responsible and shall specify in said notice a
reasonable period. of time within which PRINCIP I\L shall have to correct said defect.
';
The sURE'IY unconditioDa1ly covcmants and agrees that if the PRINCIPAL fails to
perform. within the time specified. the SlJRE.TY, upon 30 days written notice from
City.. or its authorized 'agent or officer, of the default will forthwith correct such
defect or defects and pay the cost thereof, including, but not limited tp engineering, legal
and contingent cost. Should the SURETY fail or refuse to correct said defects. the .
q:i:~Y ., in view of the public interest. health. safety, welfare and factors involved, and.
the consideration in approving and filing the said plat shall have the right to resort to.any
and aU legal remedies against the PRlNClPAL and SURETY and either, both at law and
in equity, including specifically, specifie performanc~ to which the t'ItlNCIP AL and
SURETY unconditionally agree.
The PRlNCIPAL and SURETY further jointly and. severally agree that the City
at its option, sh.a.Il have the right to correct said defects resulting from faulty materials or
workmanship~ or, pursuant to public adve.r:tise:ment and receipt of bids, cau.sed to be
conected any defects or t;aid defects in case the PRlNCIP.AL shall fail or refUse to do so,
and in. the eVent the City . shoUld exercise and give effect to such ~ the
PRINCIPAL Il11d the StJR.ETY shall be jointly and sever;ally heretJnder to reimburse the
City . the total cost thereof: including, but Dot limited to. engineering. legal and
contingent cost," together with any damages eicb.er direct or consequent which may be
sustained on account of the failure of the PRINClPAL.to correct said defects.
IN WITNESS WHEREOF. the PRIN'ClP AL and the SURETY have executed these
presents this 17th day of November' , 1ik 2000
By:
:, I
(SEAL '\
. ..
Address:
385 Douglas Ave
Altamonte Sp~,gs, FL 32714
Its: '])oJa--09..u.~)Ct' ~"dL
Address:
ATIEST:~ lts: :pr~Jv..J. /"'I).r, ~c;r
(If a colpontioll)
SAFE CO Insurance Company
of America ".(SEAL)'
s:tmETY AMERICA
SAFECO Plaza
Seattle. WA 98185
By:
Countersigned By:
-M~"n.~QIO/\O 0 ~_
Ju i A. Russell
ATIEST:
~WcWYL'
ridget Jacks n -
~ S A FEe o~
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PlAZA
SEATTLE, WASHINGTON 98185
No. 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
............LAWRENCEW. WALDIE; CARMEN MIMS; BRIAN M. LEBOW; DEBORAH GRIFFITH; ALLYSON DEAN; DOROTHY VALEK; Dallas, Texas.............
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 23rd
day of February
, 2000
..kR d.-e? ~
k\~~
R.A. PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELllY AND SURElY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-factor under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
.On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 130fthe By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By-Laws, the Resolution andthe Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto setmy hand and affixed the facsimile seal of said corporation
this
17th
day of
November
2000
..kR d.-e? ~
R.A. PIERSON, SECRETARY
S-09741SAEF 7198
@ Registered trademark of SAFECO Corporation.
2123/00 PDF
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
January 10, 2001
THRU:
TO: Land Management Coordinator
Donald LeBlanc
Public Works I Utility Director ff
Kipton Lockcuff, P.E.
FROM:
SUBJECT:
Construction Inspecto~
Zynka P.Perez /' /
Parkstone PUD PhaselUnit 2 - As-Built Inspection
I have received the "as-built" engineering and inspection fee including the
engineer's certification of completion of the above subject project. A review and an "as-
built site inspection (& re-inspection) found them in general conformance to the approved
engineering plans, Also, I have attached the sign-off checklist sheet with the signatures
of various departments accepting this phase of the development.
The requirement to provide an emergency access lane and easement for the City's
use is now in process between the developer, Centex, and the Seminole County School
Board.
I recommend this phase of the project be forwarded to the City commission for
final acceptance.
If you have any questions, please let me know.
1
cc: Stormwater Utility Manager
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telepllone (407) 327 -1800
Checklist for: ~ As-Built" Inspection
[] Maintenance Bond Inspection
Bond #
Expiration date
Site or Project 'fJAIV<SrBIlIE f>iJD UNIT -2. - fJ~ II
The following departments have no outstandin[:!; deficiencies against this site/proiect
(initial and date)
'Enginee~ 1-0.<:-,')/
Public Works IJ ;q
-0')
'\ J.~) -0 I
.0
, 'Stormwater Utility
Building
IJ/A
,Fire ~P77~ TlI?~
· Police ~. '\. cJ;:LCL
J
iJ1::;;ro/ - ~nz '0
, I 'Iulv I
Code Enforcement : ~ '. . _ .JJ.....o v'--"" {;-oQ.d ~,_"dA;'
· )><"-AR.2oR.PlI/Il:.leN _ C:L~--o..<: - -.Y-{c.L(l;-<':"~. . JLJ/,'-i:.H:.f v<1/4.-..w> (. :')
Finance j../ / A
"/<)01
Additional Comments
WINTER SPRINGS
FIRE DEPARTMENT
102 NORTH MOSS ROAD
WINTER SPRINGS, FLORIDA 32708
TELEPHONE: (407) 327-2332
FAX (407) 327-4750
MEMORANDUM
To: Donald LeBlanc, Land Development Coordinator r-
From: Timothy J. Lallathin, Fire Chief ...J II: ......._ _____ 1'1ffflE- Jl
Date: November 28, 2000 _'
Subject: par~'ve1;p~ent Inspection
An inspection of tea ove listed development occurred on 11/27/2000 with the following
results. The hydrants tested were on Blen~im Loop and Sagecr~Court.
1. The fire hydrants have been inspected, and meet City Code requirements. Inspection
results are attached.
No additional comments are offered at this time, and no additional inspections will be
required in this Unit number.
cc: Building Department
Engineering
Kipton Lockcuff, Utility Director,
David O'Brien, Deputy Fire Chief
Attachments: 8
-r."CT""(,Tl\f~D
'iE) '\i.f? t7( .~.~.." I \ \. "~' i "". . ,)
~:~!l!..S'-./~'~.~ a--'.--' ,- '. . ,ff_
NO~ 28 7.GGU
OF WINTER SPRINGS
CITY ENGINEERING