HomeMy WebLinkAbout2002 10 14 Consent A Potable Water and Sanitary Sewer System Improvements
COMMISSION AGENDA
October 14. 2002
Meeting
Consent X
Information
Public Hearim!
Reeular
ITEM A
MGR. r /Dept. ;/Y'
REQUEST: Community Development Department requesting Commission approval and
acceptance of the improvements (potable water and sanitary sewer) located at
Publix 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 of the potable water and sanitary sewer systems at the Publix site for
public ownership and maintenance. This site is located on SR 434, just west of
Tuskawilla Road.
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.
October 14, 2002
Consent Agenda Item A
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 Publix potable water
and sanitary sewer improvements to be owned and maintained by the City.
CITY COMMISSION ACTION:
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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
Liberty 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
reference 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 from 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.
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.
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Libery Mutual Insurance Company
(Surety)
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I~~d , Attorney-in-fact
And Florida Licensed Resident Agent
J. Raymond Construction Corp.
(Princi al)
.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
1066585
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the marin~r and to the
extent herein stated. 'c.'-
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 authority 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 attorney-in-fact to make. execute. seal, acknowledge and deliver. for and on its behalf as
s~-,y and as its act and deed, any. and all undertakinas, bonds. recognizances and other surety obligations in the penal sum not exceeding
TWENTY-FIVE MILLION AND OO/100.......li'............ 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 this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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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-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-
fact, subject to the limitations set forth in their respective powers 01 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.
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LIBERTY MUTUAL INSURANCE COMPANY
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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, Section 5 of the By-laws. Timothy C. Mulloy. an official of Liberty Mutual Insurance Company. is hereby authorized to 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. 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 this Authorization, including without timitation
Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
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
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1 Rth day of .11 Jnp ?no?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
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BY~ C'. MJL
Timo C. MulfQjl'.)ssistant Secre'tary ~
On this 18th day of June 2002 ,before me. a Notary Pubtic, personally came Timothv C. Mullov. to me known. and
acknowledged that he is an official of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of
Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction 01 said corporation.
IN TESTIMONY WHEREOF;. I tiav.e~here.unto subscribed my name and affixed my notarial seal at Plymouth Meeting. Pennsylvania, on the day and year first
above written. /~~(~~::,~:.:-::...~::;~.:;':{,<..\..~ A---. dJJL
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'.. .', Notary Public
CERTlFlCA TE ,<.;~>.~_~:::._.:_::,:::<'~: .
I. the undersigned. Assista'hl.~~cretarY- of,'Uberty Mutual Insurance Company, do herellY certily thai the original power of allornev of which the foregoing is a full. true and correct
copy. is in tull force and effect on Ihe-date of this certificate: and I do further certify that the officer or official who executed the said power 01 attorney was one of the officers or officials
specially authorized by the chairman or the president to appoint allorneys.in-fact as provided in Article XVI, Section 5 ollhe By.laws of Liberty Mutual Insurance Company.
This certificate and the above power of allorney may lle signed by facsimile or mechanically reproduced signa lures under and by authonty 01 the following vote 01 the IlOarel 01
directors 01 Lillerty Muluallnsurance Company at a meetinrj dulV called anel held on Ihe 121h day 01 March. 1900.
VOTED lhilt llie facsimile or mcch.ullc3l1y reproduced siW1<11tHfJ of any assisl;ult ~;CCrCI(lry 01 tile cornp~lfl'l. wherever anpC<lrill~J upon i1 certified copy 01 ,my power 01
allorney issuedbv Ihe company in connecl,on wilh surety bonds. shall be vallet and I)inding upon the company w,th the same fore', an;!.cll~cl as 11101lyl\ ITlill\lI<lIlV ;,If,,,,,1.
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IN fESTIMONY WHEREOF. I have he"""llo :;\II,,;errllr"'IIlV rrallle ;111(1 ,rllox",j IllO corpor<lw se;,1 of IIIe 5'\0(' COIllI"I/IY. lilt:; -/3_ ['<IV ;;f=if~Jr...-~{_(-2r:Ud-
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MAINTENANCE WARRANTY BOND
Bond No 964001808
KNOW ALL MEN BY THESE PRESENTS:
That
J. Raymond Construction Corp.
as Principal, hereinafter called Contractor, and
Liberty Mutual (nsurance 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
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(~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 from the date of final acceptance for completion of the
work provided for in the Contract, then this obligcition 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.
J. Raymond Construction Corp.
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SELLSUODETH.SR.~~
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Libcry Mutual Insurance Company
(Surcty)
BY~('~~cL
Eilecn C. I-Icard, Attorney-in-fact
And Florida Licenseo Rcsident Agent
THIS POWER OF ATTORNEY is NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND.
1066584
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the
elCtent herein stated. .
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS
ThaI Liberty Mutual Insurance Company (the "Company"). a Massachusetts mutual insurance company, pursuant to and by authority of tile 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 FLORI DA.._..... .............. ..... ........ ....... ......... .... ......... ............ .............. _............._...........................
.................................................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, elCecute, seal, acknowledge and deliver. for and on its behalf as
sl,!LeJY and as its act and deed, any and all undertakin9s. bonds, recognizances and other surety obligations in the penal sum not elCceeding
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.
LIBERTY MUTUAL INSURANCE COMPANY
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That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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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-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 at1orneys-in-
fact, 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 at1ach thereto the seal of the company. When so executed suctl instruments shall be as binding as if
signed by the president and attested by the secretary.
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, Section 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutual Insurance Company, is hereby authorized to 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. 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 this Authorization, including without limitation
Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
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
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 1 Rth day of "'n€, 2002
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BY~ C'. -^AJL
Timo C. Mull~ssistant Secretary ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
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On this 18th day of June 2002 . before me, a Notary Public, personally came Timottw C. Mulloy, to me known, and
acknowledged that he is an official of liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of
Attorney and affixed the corporale seal of liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
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IN TESTiMONY WHEREOF, I hav.e-hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania. on the day and year first
above writ1en. /:;~~.~>~:--:~'-:"< .:":> .
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Notary Public
CERTIFICATE \. <::>:~::':::_'. _;"<, "'./
I. the undersigned, ASSist~ht~~c'retarY' ot'-Liberty Mutual Insurilncc Company, do hereby certify that Ihe original power 01 attorney of which tile foregoing is a lull. Irue and correct
copy, is in fulllorce and effecl 0';' Ihe'date"ol this certilicale: and I do further certify Ihat the ollicer or official who executed the said power of attorney was one of the ollicers or officials
specially authorized by the chairman Or the president to appoint allorneys.in.lacl as provided in Article XVI, Section 5 of the By.taws 01 Liberty Mutual Insurance Company,
nus certificale and the above power at attorney nlilY IHJ signed I>y lacsimile or mechanically reproduced signatures under and by au:tlorli',' 01 tile lollowing vote of the board 01
directors of Liberty Mutuallnsllrancc Company at a mCellll') rJllly cilller! ,lIlcllleld 0" Ihe 121h day 01 March, f 980.
. VOTED thai the faCSimile or rncr.h;lIlicillly reprOdlJCI:d ~;i9rl(JIUrc 01 any assistant sccrCI;try of the company. wherever appC<:lfUlg upon ;1 cr:ndlcd copy of any power of
. allorney issued by the COmp'"1Y '" c"n""c:I,(", \voll, s"rely bo"ds, sl",lIbe valid and binding upon the company w,II, 111~;'e lorec, a~-)ffccl a5 !1.ou\)l1manllally affixed,
IN TloS nMONY WHEIIEOF, 11..lve 1 "]1e, II "0 slIl";c:"I>,,,' my "ill "" ;11111 ;"liKed "'" corpora Ie seal olllle said company, Ihis -1-9- d",. C~'J.JClhJ~Avl_~
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ATTACHMENT B
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
October 8, 2002
TO:
John Baker
Current Planning Coordinator
Kipton Lockcnff, P.E. ~
Public Works / Utility Director
THRU:
FROM:
Zynka P. Perez
Engineering Inspe
SUBJECT:
Winter Sprin2;s Town Center Phase 1 - As-Built Inspection
I 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 confonnance 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.
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.
Cc: Public Works / Utility Director
Utility Superintendent