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HomeMy WebLinkAbout2003 01 13 Consent G Potable Water snf Sanitary Sewer Improvements COMMISSION AGENDA January 13.2003 Meeting Consent X Information Public Hearin2 Re2ular ITEM G MGR. re-- /Dept. ~ . REQUEST: Community Development Department requesting Commission approval and acceptance of the improvements (potable water and sanitary sewer) located at IDC Calhoun Town Center Phase II to be dedicated to the City for ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the portions ofthe potable water and sanitary sewer systems at JDC Calhoun Town Center Phase II for public ownership and maintenance. This site is located on SR 434, just west of Tuskawilla Road. Acceptance of the first phase of infrastructure occurred October 14, 2002. APPLICABLE CODE: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. (c) Where the building official has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has be accomplished. (d) ... Certificates of occupancy will not be issued until all improvements are accepted by the city commission. January 13, 2003 Consent Agenda Item G Page 2 FINDINGS: 1) All City agencies have found the work to be acceptable. 2) The Engineering Division inspected and found the site improvements to be in substantial conformity with the approved final engineering plans. 3) The potable water and sanitary sewer improvements are to be dedicated to the City for ownership and maintenance and separate 2-year maintenance and warranty bonds in the amount of $25 million each have been received. ATTACHMENTS: A- Copy of maintenance warranty bonds B - Correspondence pertaining to acceptance RECOMMENDATION: Staff recommends approval and acceptance of the JDC Calhoun Phase II potable water and sanitary sewer improvements to be owned and maintained by the City. CITY COMMISSION ACTION: ATTACHMENT A . .;.;. ,.... ~;': MAINTENANCE WARRANTY BOND Bond No 964001809 KNOW ALL MEN BY THESE PRESENTS: That J. Raymond Construction Corp. as Principal, hereinafter called Contractor, and Libel'ty Mutual Insurance Company as Surety, hereinafter called Surety, are held and firmly bound unto City of Winter Springs Florida as Obligee, hereinafter called Obligee, in the penal sum of Ten thousand five hundred thirty-seven and 00/100 Dollars $10,537.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has a written agreement for the construction of Winter Springs Florida Town Center, Water Work in accordance with the General Conditions, the Drawings and Specifications, which contract is by r~ference incorporated herein, and made a part hereof, and is hereinafter ref<;:rred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of Two years frpm the date of final acceptance for completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVlDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 19th day of September, 2002. .I, Raymond Construction Corp. (Princi al) a-- ~ Libery Mutual Insurance Company (Surety) IlY_~(~~ l~d , Attorney-in-fact ^nd Florida Licensed Resident ^gent ELL SUDDETH. SR. V.P. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1066585 This Power of Attorney limits the acts of 1hose named herein, and they have no authority to bind the Company except in the mant1'~r <1nd to lhe extent herein stated. . LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"). a Massachusetts mutual insurance company. pursuant to and by aulhority of the By.law ancf Authorization hereinafler set forth. does hereby name, constitute and appoint KEVIN WOJTOWICZ, GLENN ARVANITIS, EILEEN C. HEARD, PETER A. THOMSON, BRETT ROSENHAUS, MELINDA ROSENHAUS, LAURA MOSHOLDER, ALL OF THE CITY OF CLEARWATER, STATE OF FLORIDA.... .......... ........ ...... ....... ..... ............................................................................................ .................................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attorney-in. fact 10 make. execule. seal, acknowledge and deliver, for and on its behalf as s~eJY and as its act and deed, any and all undertakinos, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY-FIVE MILLION AND OO/100.......l'............ DOLLARS ($ 25,000,000.00..... ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. > That 1his power is made and executed pursuant to and by authority of the following By-law and Authorization: -;:: II) 2 =- ARTfCLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- lact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. , . ~ ::~ ~ %1 = ~I == -I -.. sa I __ :;;;;;;; I -- ~'" I ....1 ~I 51 ~ ~I :J: > :::: ~c ui- >(f; wll.: Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official 01 liberty Mutual Insurance Company, is hereby authorized to appoint E:: such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all E :::. - 'w I undertakings, bonds, recognizances and other surety obliga1ions. All Powers of Attorney attested to or execuled by Timothy C. Mulloy in his capacity ::x: g ";"iJ i as an officer or official of liberty Mu1uallnsurance Company, whether before, on or after the date of this Authorization, including withoutlimitalion '0 ~ = ~ i Powers of Attorney attested 10 or executed as Assistant Secretary of liberty Mutual Insurance Company, are hereby ratified and approved. -;:: ~- ~ I That the By-law and 1he Authorization set lorth above are true copies 1hereof and are now in full force and effect. ~ ~ =...1 Q.r: =: ~ i .IN WI I Nt:S::> WHI::HI::UI-. this Power of Atlorney has been subscribed by an authorized officer or official of the Company and the corporate seal of liberty. '.!::! ~ .- '": I Mutual Insurance Company has been affixed there10 in Plymouth Mee1ing, Pennsylvania this 1 Afh day of II InP ?()()?.s '? - ~_. -.- ~ - ~ I LIBERTY MUTUAL INSURANCE COMPANY 0 c >C! -C! :Os ~~ >- WO ,e' _('\I E"? ....('\1 ;;::~ cO;: 06 u.... o<f 1:-.... By 1he following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: =~i - ~I - ~ I ;- I :- I COMMONWEALTH OF PENNSYL V ANfA ~. ~; __II..~,,...r- ...""...IT""OMERY _-_ ~! vVVI'I I I vr IVIVI'4 I U ~ ~ I On 1his 18th day of June 200? ,before me, a Notary Public. personally came Timothy C. Mulloy, to me known, and t. I acknowledged that he is an official of Liberty Mu1uallnsurance Company; 1hat he knows the seal of said corporation; and thai he executed 1he above Power of -I Attorney and affixed the corporale seal of liberty Mutual Insurance Company thereto with the authority and at the direction 01 said corporalion. . ~c ;N TESTIMONY WHEF;\E9F::..I..;;a:~_;h~re.unto subscribed my name and affixed my notarial seal at Plymouth Mee1ing, Pennsylvania, on the day and year firsl above written. /~:;.>>.':" .....' ,"': ~.>::'.:.. ''-, .'::.;....... .....'-.,. t'~ IL~ Notary Pubtic ss BY~ C' M~ Timo C. Mull~ssistant Secrelary ~ CERTIFICATE .........' :':'. " . ~ .... . . . I. the undersigned. Assist~'i1I.SecrCtary' of\.ibcrty Mutual Insurance Company. do hereby cerltly thai the uriginal power 01 allorney 01 whIch the foregoing is a tull. true and correcl copy, is in lull force and ellecl on Ihe'dale' ollhis cer1ilicate: and I do lur1her Cer1ily Ihat the ol/icer or ollicial who execuled Ihe said power of allorney was Oflc a! Ihe ollicers or off,c'als specially authorized by Ihe chairman or Ihe president to appoinl allorneys.in.facl as provided in Allicle XVI. Section 5 ot lhe By.laws 01 Liber1y Muluallnsurance Company. Tlus ccrl,fiCille itnd lhe .lhovc power 01 .lllorfley 1Il.IV he siqncd hy l:tcsllnilc or mccfl.IfHC;llly reproduced si~lnalur05 wHh:r ';H\d uy ilulhorlly 01 tile lollO....lIflq VOle of lIH~ !}(}:trrl 01 dirccto(~; of Liberty MutllaII1l:;tlf.1I1(;(~ COlJlp:my ;11 ;llIlef~llfl~J dilly c..lIed and IIdd oflllle l~HI rby 01 M:Ilr.II. 1900 va n: D 111:11 Ill(~ f.t<::.ltlld0. or IlH:c;!I:Ullc;tlly If:proclllo:d ~;Iqll;tlu((: 01 ;JllY ;l~;:it:;l:lfll :;(:<:f(~I;~fY 01 llle ClJfllp:UI'(. Wllr)Il)V{)r :lppe:1l1lIfl11:1Ol\ :i f;f!(lllu:lj copy qt :IIlY : .'; :;')1 01 :tlh)((wy I:;:;uerf IIV Il1r~ COllllltll1Y HI C:CI1l1H~ClHHI Willi ~;tH(~ly hOfld:;. :;11:111 IH~ v;lhd ;IlUJ ImulJll9 tJjJOf\ lll(~ COmP:UI',' \o'IllIllll(~ :;allH! IW(I: :l!l;>-H~c' a~; 1I10Wllllrl;lflll:tlly ..:',,,)rl -r '" IN rei IIMONY WI fl:III:OF. f "..V" 1":1"""'0 ::111,..,;,,1,<,,1 lilY '0;""" ;",,1 ;oll""d II", COfl"",",I" "";01 01 II", ::;",1 cI""P'''''I. lit..; _. J_9. ..._. d;oy :;."O--.o/~?/~.h{ ()CUd-.. Q??&? MAINTENANCE WARRANTY BOND Bond No 964001808. KNOW ALL MEN BY THESE PRESENTS: That J. Raymond Constr'uction Corp. as Principal, hereinafter called Contractor, and Liberty Mutual Insurance Company as Surety, hereinafter called Surety, are held and fim1ly bound unto City of Winter Springs Florida as Obligee, hereinafter called Obligee, in the penal sum of Six thousand sixty-one and 00/100 Dollars $6;061.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has a written agreement for the construction of Winter Springs Florida Town Center, Sewer Work in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is hereinafter re(e;lJed to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of Two years from the date of final acceptance for completion of the work provided for in the Contract, then this obligition to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 19th day of September, 2002. Libcry Mutual Insurance Company (Surety) IlY~C ;Ug_Gk-d- Eileen C. Ikard, Attorney-in-fact And Florida r .iccnseu Resident Agent J. Raymond Constnrctioll Corp. (Principal) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1066584 This Power of Attorney limits the acts ot those named herein, and 1hey have no authority to bind the Company except in the' ma~'''t~r and 10 the extent herein stated. .,.:. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHuSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (1I1e "Company"'), a Massachusells mutual insurance company. pursuant to and by aulhority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint KEVIN WOJTOWICZ, GLENN ARVANITIS, EILEEN C. HEARD, PETER A. THOMSON, BRETT ROSENHAUS, MELINDA ROSENHAUS, LAURA MOSHOLDER, ALL OF THE CITY OF CLEARWATER, STATE OF FLORIDA................ ........ .............. ........................ .................................,.................................... , each individually if there be more than one named, its true and lawful allorney.in.fact to make, execute. seal, acknowledge and deliver, for and on its behalf as s~eJy and as its act and deed, any and all undertakinos, bonds, recognizances and other surety obligations in the penal sum not exceeding TWENTY-FIVE MILLION AND 00/100.......(............ DOLLARS ($ 25,000,000.00..... ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. ............................................................................................................................................................................................................. ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the chairman or the president may prescribe, shall apPOint such attorneys-in-fac1, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in. fact, subject to the limitations set forth in their respective powers of attorney, shalf have full power to bind the company by their signature and execution of any such instruments and to allach thereto the seal of the company, When so executed such instruments shall be as binding as if signed by the president and allested by the secretary. > ct "'0 I/) I/) CJ c: CII ::; .!:l > c: ro c: 750 c.H- >.C/) Q)W EE 00. - ~g ..... .... O~ .... "'0 . Q) c: : =:C'il OE a. tll ' .!!!o' .co' - .. _01 Oc: >.QI -Q) :o=: .-- -QI ~.D Q)o =~ E'? ....C\/ 'E~ 00 OT" olf I-T" ..: That this power is made and executed pursuant to and by authority of Ihe following By-law and Authorization: That the By-law and 1he Authorization set forth above are true copies thereof and are now in full force and eHecL IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or. official of the Company and the corporate seal of Liberty Mu1uallnsurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1 Rth day of l"n" 2002 en o ::a. Q) ~ . ~~ :a.2! ~e: .tll 4> .... o~ vOl 3Q) ;~ . co ;j> ~(ij ~::l ."'0 'Ii ~ ;) ... u.o -Q) )- :co -.... u_ .JJUl 3 Q) ~~ .- le: -- -=a) 5m . ... By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys.in.fact: Pursuant to Article XVI, Sec1ion 5 of the By-laws, Timothy C.. Mulloy. an official of Liberty Mutual Insurance Company. is hereby authorized to appoint such attorneys-in-lact as may be necessary to act in behall 01 the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of 1his Authorization, including without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved. LIBERTY MUTUAL INSURANCE COMPANY ,. " .~'.:> By ~ C'..A.-\ JL Timo C. MullQy-::Assistant Secretary ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY J>O : (,) Ie: . Q) .... .... ) ::l ~(,) ss On 1his 18th day of June 2002 ,before rne, a Notary Public, personally came Timothy C. Mulloy, to me known, and acknowledged that he is an official of Liberty Mutual Insurance Company; 1hat he knows the seal of said corporation; and that he executed the above Power of AUorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. .... - IN TESTIMONY WHEI3E?F;, I lialie::here.unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ./.... /. '::." -. .... .... CERTlFICA TE ~UtL Notary Public ,'. " '. I. the undersigned. Assistant ~cc'rCfary ol"L,berty Mul\lill InS\lfilnCC Company, do hereby certily Ihal Ihe original power 01 aHorney 01 w'IoCII It,,, lorego,ng 's a lull. Irue and correct copy. is in lulllorce and effect on the'd;ite 'ollhis cer1,lrcille: and I do l\lrther cer1ily tllallhe officer or official wllo executed llle said power 01 allorney was one ollhc officers or officials specially aulllorized by tile chairman or Ihe presidenlln ilppOlo't <lHorrreys.in.lilcl a~; provided in Ar1icle XVI, Section 5 of tile By.laws 01 Liberty Mul\lallnsulance Company. Hus cCftlf,C;IlC amI 1Iu: above power of ;tllotlH!Y 11I;IY Ill: :;ujlu:d IlY j;~c~lll1il{: {)( me<:haniC;llIy ({~produccd signnlurcs unfj.;r and "V -1:J:~lfHl:'; 1'")1 1110 jr)I~f)w(nq vote of Ihe bOt1rd 01 di({."(;tor!; 01 LIIJCIIV Muluilllnsurancc COlllP;IlIY:lI;1 fllt~f:l(lIq dilly r::lIl1:d ;lfl(lllI~lr1 oflllle 1?1I1 d;IV of Maretl, 1900. l VOlT!) III;ll llll! I;H:~;IIIHle (JI IlH~dl;lIl1r:fllly H~f1'(JdllC:j:d :;lCl";llt'H: 01 :IIIY ;l:;~il:;I:tflt sr!crnl;uy of llle CUfIlP;IIIY, ':,f1~~f(~ver ;IlJI)/,'.ltlIl', '.1;;1)11 ;, (':':lhr:<J ';upy of allY flower of ;rllm""y ";,;",,,1 IJY '",, cOII'I':II'y '" c""''''';'''''' w,ll, "",,:Iy "",,<I,;. :;'.:,111", villr<l ;""l """I<I1\)"lIpo" "'e compa"y "'"'""'2:;'" !."c', ;'('~:'I:;1.:'~ "10)'''1'' mil"U..ny all<<c(1 IN 11:~; IIMONY WI iFIIUH'. I "..V" 1"",""'1" '.11"",.,,',,'<1 111'/ II:",,,, :..", ,,1/<<,,<1 II,,: ,;r"I'Olill': ';1::""111,,, :;;,,<1 comp;IIlY. II..., ../_9,..... ,~..., ..~~?_!C;llL.6..f'L__~ ~~??/ ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407)327-6695 January 6, 2003 TO: John Baker Current Planning Coordinator //Y THRU: Kipton Lockcuff, P.E. Public Works / Utility Director ZynkaP.Perez /1~ /? Engineering Inspect~ f/ )</ FROM: SUBJECT: Winter Sprine:s Town Center, Phase 2 - As-Built Inspection 'j have received the "as-built" engineering and the engineer's certification of completion for the above subject project. A review and an "as-built site inspection (& re- inspection) found them in general conformance to the approved engineering plans. The potable water and sewer improvements for this phase 2 have been covered by the maintenance and warranty bonds submitted during the acceptance of phase 1. Also, please find the attached the sign-off checklist sheet with the signatures of various departments accepting this phase of the development. T recommend this phase of the project be forwarded to the City Commission for final acceptance. If you have any questions, please let me know. Cc: Public Works / Utility Director, Utility Superintendent CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD <134 WINTEf1 SPRINGS. FLORIDA 32708 Telephone (407) :327-1800 Checklist for: 0 As-Built" Inspection [] Maintenance Bond Inspection Bond # Expiration date Site or Project tJl/....J 7l;;JA. StJ~/6.! 7lnJN rEN7l::ir<. 'fJ1Im ~ -2- The following departments have no outstanding deficiencies against this site/project: (initial and date) Engineering ~ !-t2'l-t)'Z. /' Public Works Utility (Water and sewer)~ IRl ~3\b~ Storm water Utility Code Enforcement :i~:~/~ Police ~~ \ ~ NIA NIp, I ~ tJ/ ~ 7 /fJ.3 , I '_ \2~3to~ Finance ~/ LffJJ/)&6Itp ~ ~ Additional Comments /'2..- '23-0'- j I. LoCAT", Ml-"""- ./1h..VlO;o ilL -F>w.e ~1C<>) Itl t.JQICA~ t-.J nre ~7 ';-'1 ~ 2. PEr< mJ-K,e /{'IIJJ~I Dn= Ar.ug{)lZ fck:-~'Me-IT is: Ok @. Pt<.6e,.IT {.JILt. /"'s~ /JUlLtJ~ ~~ It1 li~ ~ ~,-....p~~