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HomeMy WebLinkAbout2114 Rinehart Partners LLC - Rinehart Greenway Commons (maint bond)o4�A14FoR1) ��O Y OF U FLORIDA PUBLIC WORKS & UTILITIES TRANSMITTAL MEMORANDUM TO: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® Maintenance Bond -Rinehart Partners ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) El Once completed, please: Return original Return copy Special Instructions: Per Franklyn "Scott" Richardson please store attached Maintenance Bond for safe keeping. Please advise if you have any questions regarding the above. Thank you! F'izG ► �, .7zhe S qlq 11q From D to WATER, REUSE AND WASTEWATER UTILITIES MAINTENANCE (MATERIALS AND WORKMANSHIP WARRANTY) BOND DO NOT MAKE CHANGES TO THIS FORM. Bonding company must be listed in the Federal Register (Department of Treasury Circular 570). KNOW ALL MEN BY THESE PRESENTS, THAT Rinehart Partners, LLC of 1190 Business Center Ur , #ZU00, Lake Mary, FL 32 'Pe€erred to as the DEVELOPER and SITEK, LLC of Orlando, Arch Insurance FL ,, ;re#erred to as the: CONTRACTOR,and Company of . Philadelphia PA h ereinafter called the SURETY, are held and fiftly bound unto the City of Sanford, a political subdivision of the State of Florida, hereafter called the CITY, whose address is 300 North Park Avenue,Sanford, Florida 32771', jfi.the full and just sum of 25,526.00 DOLLARS,' lawful money of the united States of America, to the payment of which sum„ well and truly to be made, the DEVELOPER, CONTRACTOR, AND SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 'presents. WHEREAS, the DEVELOPER caused the CONTRACTOR to install certain water, reuse and wastewater utilities, and/or other related improvements in or around the CITY, known and identified as follows: Rinehart Greenway Commons PD N N with the approval of the CITY under the provisions, conditions, and requirements of the �_' development purl approval granted the Developer the'Ist day of October2018 U- by the CITY. O LO \V WHEREAS, the DEVELOPER and CONTRACTOR are obligated to protect the > City against any defects resulting from faulty materials ' or workmanship of said Q improvements and to maintain said improvements for a period of three (3) years from theCU day of July loth 2019z a_ oz NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that r€ O O co o the DEVELOPER or CONTRACTOR shall promptly and faithfully protgdthe CITY against o any defects, correct all defects in the -aforesaid improvements, maintain the aforesaid improvements and fully indemnify the CITY for all loss the CITY may sustain by reason* ocu of any defect in materials, construction or failure on the part of the DEVELOPER or 0 - CONTRACTOR to fulty maintain said improverhents, including; but not limited to the water, _a reuse and wastewater utilities, for a period of three (3j years from the date o€ issuance of the'Certificate of Cortipletion by the CITY, which shaA be the oth,day of :July 2022 and the DEVELOPER pays any and all cost1.s and expenses incidental to the perfprmance of any work required! to be .performed hereunder, then this obligation shall :be void; o otherwise to remain in full force and effect. THE CITY shall notify the DEVELOPER or CONTRACTOR in writing of any defects for which the DEVELOPER and CONTRACTOR are responsible and shall specify -0 o in said notice a reasonable period of time which DEVELOPER or CONTRACTOR shall have to correct said defects: ... L Q THE SURETY unconditionally covenants and agrees that if the DEVELOPER or GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2019087221 Bk:9414 Page: 1259-1265 (7Pgs) Page 1 of 3 REC: 08/13/2019 1:08:58 PM by jeckenroth RECORDING FEES $61.00 CONTRACTOR fails to perform, within the time specified by the City, the SURETY, upon thirty (30) days written notice from the CITY, or its authorized agent or officer, of default, will forthwith correct such defect or defects and pay the cost thereof, including, but not limited to engineering, legal, and contingent costs. FURTHERMORE, should the SURETY fail or refuse to correct said defect or defects, the CITY in view of the public interest, health, safety, welfare, and other factors involved, and the consideration in approving said development plans, shall have the right to resort to any and all legal remedies against the DEVELOPER, CONTRACTOR, and SURETY, either individually or together, both at law and in equity, including specifically, specific performance to which the DEVELOPER, CONTRACTOR, and SURETY unconditionally agree. THE DEVELOPER, CONTRACTOR, AND SURETY further jointly and severally agree that the CITY at its option, shall have the right to correct said defect or defects resulting from faulty materials or workmanship, or pursuant to public advertisement and receipt of bids, cause to be corrected said defect or defects in case the DEVELOPER or CONTRACTOR shall fail or refuse to do so, and in the event the CITY should exercise and give effect to such right, the DEVELOPER, CONTRACTOR, and SURETY shall be jointly and severally responsible hereunder to reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal, and contingent cost, together with any damages, either direct or indirect, which may be sustained on account of the failure of the DEVELOPER, CONTRACTOR, or SURETY to correct said defects. THE DEVELOPER, CONTRACTOR, AND SURETY hereby waive notice of any and all modifications, omissions, additions, changes and in or about CITY ordinances, the CITY's technical specifications and design criteria for utility work and improvements and, further, agree that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any modifications, omissions, additions, changes, and advance payments or deferred payments; PROVIDED, HOWEVER, that the obligation of the SURETY shall be limited to the penal sum herein as well as the costs set forth in the following sentences of this paragraph. The Parties further expressly agree that any action on this Bond shall be brought in Seminole County Circuit Court and governed by Florida law and may be brought within the time allowed for suits on contracts for payment of money. The City shall be entitled to all its costs and expenses, including attorneys' fees, incurred in the enforcement of SURETY's obligations under this Agreement. IN WITNESS WHEREOF, the DEVELOPER, CONTRACTOR, and SURETY have executed these presents this 15th day of July , 2019 ADDRESS: (SEAL) 1190 Business Center Drive DEVELOPER Rinehart Partners, L . Suite 2000 BY: Theodore A. Bolin Lake Mary, FL 32746 ITS: Manager (IF A CO ORATION) ATTEST ITS: Manag Page 2 of 3 ADDRESS: 11501 S. Orange Avenue CONTRAC, TOR SIS(aka-S orporation) Orlando, FL 32824 BY: Joseph A. F d ITS: Manager/Pres (IF A CORPORATION) ATTEST: ITS:V ccs ADDRESS: Arch Insurance Company (SEAI�)`9°�'� `'`'•,,, 3 Parkway SURETY . Suite 1500 Philadelphia, PA 19102 BY: ITS: ATT RN � �Y-IN-FACT Taylor Pollock ATT S'T: _ .�_ Cyib�..l,' � ITS: •`''��"<<„�,,,,,,,,�•.., O C Attest Traci Houchin, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. %'o 1J City of Page 3 of 3 Vt, f AIC 0000280875 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. - 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 extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY__ -- Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:_ Bonnie S. Robbins, Charles P. Boornazian, Nickie L. Sorensen and Taylor M. Pollock of Longwood, FL (EACH) _ � its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as - - surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90.000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar - limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies -of -which arehereinafterset forth and- are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September -15, 2011:-- VOTED, 011 VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, _— -_ of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the _ =_ Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013-0D 03 03 -Page 1 01-2 = Printed in U.S.A. EXHIBIT "A" City of Sanford Florida CONSTRUCTION COST OF PUBLIC IMPROVEMENT Rased upon Contract With SITEK for improvements IN Rinehart Road R/W DESCRIPTION OF WORK Unit Qty Unit Price Total Price 12" x12" Wet Tap DI Valve & Sleeves EA 1 $ 8,800.00 $ 8,800.00 12" DDCVA With Small Bypass EA 1 $21,000.00 $21,000.00 12" x 4" Wet Tapping Valve & Sleeves EA 1 $ 7,400.00 $ 7,400.00 Dig Bore Pits EA 2 $ 4,500.00 $ 9,000.00 24" Jack & Bore LF 150 $ 260.00 $39,000.00 12" DIP for Bore LF 150 $ 100.00 $15,000.00 Spacers For Bore LS 1 $ 5,500.00 $ 5,500.00 2" Directional Drill With Pipe LF 150 $ 50.00 $ 7,500.00 12 Gate Valve EA 1 $ 1,800.00 $ 1,800.00 2" Gate Valve EA 1 $ 750.00 $ 750.00 12" PVC Water Main LF 76 $ 36.00 $ 2,736.00 2" POLY Reclaim LF 10 $ 14.25 $ 142.50 8" x 4" Wet Tapping Force Main EA 1 $ 7,500.00 $ 7,500.00 4" Plug Valve EA 1 $ 1,500.00 $ 1,500.00 TOTAL $127,628.50 Bond Amount for 3 years = 20% of $127,628.50 = $25,526 EXISTING 12" DI WATER MAIN I. WET TAP EXISTING 12" DI WATER MAIN STA. 0+00 W/ 12"X 12" MJ TAPPING VALVE AND SLEEVE I I WET TAP EXISTING 12" PVC RECLAIMED MAIN _ ~ W/ 127X 4' MJ TAPPING VALVE AND SLEEVE,_Z EXISTING 12" PVC RECLAIMED MAIN I . I -12" C900 - DR -18 WATER }RAIN BORE AND JACK - REFER TO PROFILE AND DETAIL THIS SHEET G. REDUCER DIRECTIONAL DRILL 2" CARRIER INSIDE CASING (DRILL TOGETHER) NOTE: 2" RECLAIM LINE SHALL BE NO GREATER THAN 12 FT DEEP WIT MINIMUM DEPTH OF 4.5 FT. WET TAP EXISTING 8" PVC FORCE MAIN W/8 -X4- MJ TAPPING VALVE AND SLEEVE. I VALVE SET IN HORIZONTAL POSITION) EXISTING 8" PVC SANITARY FORCE MAIN 0 PLUG VALVE I , I CC - 'I 12"X6" TEE AND J I GATE VALVE 6"X2" TEE 2" RESILIENT WED 10' -WIDE PUBLIC UTILITY EASEMENT I I II 4" 6"X4" TE' LLA \GALE VALVE 3" 6" GATE VALVE AND FUT -� 6" MJ CAp 2" RESILIENT WEDGE GATE VALVE 1 I 2" , IRRIGATION METER � I LUBILITY (1��SATIS �OTOfi� FOR SCAN.1Siti0 WATER AND WASTEWATER UTILITIES BILL OF SALE Rinehart Partners, LLC , a Florida limited liability company, 1190 Business Center Drive, located at #2000, Lake Mary, FL , County of Seminole , State of Florida , hereafter known as the SELLER, for and in consideration of the sum of One ($1.00) Dollar and other valuable consideration paid to SELLER by City of Sanford, a political subdivision of the State of Florida, hereafter known as the BUYER, receipt of which is hereby acknowledged does grant, sell, transfer, convey, and deliver to BUYER all pipes, lines, gate valves, valve boxes, fittings, thrust blocks, hydrants, pump stations, and other goods and equipment which comprise the water, wastewater, and reclaimed water systems installed by SELLER and located on the following public easements, rights-of-way, or tracts as shown on the record drawings, more specifically described as follows: PROJECT: Rinehart Greenway Commons PD - Rinehart Road Public Utility Improvements located in Rinehart Road at 1451 Rinehart Road, Sanford, Florida and being more specifically described as Exhibit A attached includlocation plan & cost estimate. (See Attached Legal Description) BUYER shall have all rights and title to the goods in itself and its assigns. SELLER warrants that it is lawful owner of the goods and the goods are free from all liens and encumbrances. SELLER has good right to sell the goods and will warrant and defend the right against the lawful claims and demands of all persons. IN WITNESS WHEREOF, SELLER has executed this BILL OF SALE at Lake Mary Florida , on this 28th day of June 2019 ADDRESS: RINEHART PARTNERS, LLC (SEAL) SELLER BY: Phillip C. Ho111 ITS: Manager f --A C©R-PeRA R4�LLC ATTEST: � z ITS: Mama pkkes�- City of Sanford B-3 Utility Department