HomeMy WebLinkAboutItem 06 Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC for Heichel Plumbing ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: November 16, 2021
Item #
Reviewed By: j'!)
Contact Name: Martrivus Keaton Department Director: Mich° e
Contact Number: 407-554-7109 City Manager: Robert Fra
Subject: Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship
Agreement with Shine Ocoee LLC for Heichel Plumbing
Commission District 3 — Richard Firstner
Background Summary:
Heichel Plumbing is located on the southwest side of Marshall Farms Road, just south of W. Colonial Dr. near
the Florida Turnpike onramp. The property consist of (1) 16,500 square foot office/warehouse building. The
infrastructure improvements include potable water, sanitary sewer, other private utilities, a stormwater collection
system, perimeter wall/fencing, and associated landscaping. Identified punch list repairs are currently being
completed, and the developer is nearly ready to start the two-year warranty period for the public improvements.
As a requirement of the Land Development Code, the developer is required to furnish the City a Surety to cover
any possible damages discovered during the next two years. Should the developer not choose to make those
repairs, Shine Ocoee LLC, has provided the City with an Escrow in the amount of 10% of the constructed
improvements. The Escrow provided is for a total of$3,657.50. The attached Maintenance, Materials, and
Workmanship Agreements (Form 8 from the Land Development Code) acts as the executable document between
the developer and the City. The Surety will be returned to the developer upon completion of the two-year warranty
period and the repair of any damages caused over those two years.
Issue:
Should the City accept the Surety as provided by Heichel Plumbing Inc., for the two-year warranty for Heichel
Plumbing and execute the Maintenance, Materials, and Workmanship Agreement?
Recommendations:
The Development Services Department recommends the acceptance of the Surety and the execution of the
Maintenance, Materials, and Workmanship Agreement with Heichel Plumbing Inc., for the Heichel Plumbing.
Attachments:
1. Maintenance, Materials, and Workmanship Agreement with Heichel Plumbing Inc.
2. Surety check#210415 in the amount of$3,657.50. Issued by Seacoast Bank.
Financial Impact:
There are no financial impacts to the City in accepting this two-year warranty Surety.
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X' Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney _ N/A
Reviewed by Finance Dept. t ---J N/A
Reviewed by N/A
2
MAINTENANCE,MATERIALS,AND WORKMANSHIP
ESCROW AGREEMENT
This Agreement is entered into this_ day of ., 20 , by Heichel Plumbing
Inc., hereinafter referred to as "Developer" and the City of Ocoee, a Florida municipal
corporation,hereinafter referred to as the"City".
WHEREAS, Developer is the owner of certain real property located in Orange County,
Florida more fully described in the attached Exhibit "A" which exhibit is incorporated herein by
this reference(the"Property");and
WHEREAS, Developer has developed and constructed on the property, a subdivision
known as Heichel Plumbing (the "Subdivision") and in connection therewith has installed with
the approval of the City certain roads, streets, sewers, water systems, drainage works, and/or other
improvements (the "Improvements") under the provisions, conditions, and requirements of the
City's Subdivision Regulations and the subdivision approval granted the 04th day of January,2021,
by the Board of City Commissioners;and
WHEREAS, under Section 4-4, Subdivision Review Process, of the City's Land
Development Code, Developer is required to warrant the maintenance,materials, and workmanship
of the Improvements constructed by Developer within the Subdivision;and
WHEREAS, Section 4-4, Subdivision Review Process, of the City's Land Development
Code provide that Developer may guaranty such maintenance, materials, and workmanship by
placing a cash escrow with the City;and
WHEREAS, Developer wishes to establish an escrow fund in order to guaranty the
maintenance, materials, and workmanship of the Improvements within the Subdivision as required
by Section 4-4, Subdivision Review Process,of the Land Development Code.
NOW THEREFORE,the parties agree as follows:
SECTION 1. ESTABLISHMENT OF ESCROW FUND.
Developer does hereby establish an escrow fund with the City in the amount of$3,657.50 to
guaranty the maintenance, materials, workmanship, and structural integrity of the Improvements.
This escrow fund shall be placed by the City in an account at a local financial institution and shall
be disbursed only in accord with the terms of this Agreement.
SECTION 2. TERMS AND CONDITIONS FOR RETURN OF ESCROW FUND.
In the event Developer shall maintain the Improvements in a first class condition for a
period of two (2) years from the date of issuance of the Certificate of Completion for the
Improvements, and if Developer shall replace all paving or other structures which within said two
(2) year period shall be found by the City not to comply with said subdivision approval,and that
if the Developer shall replace any other Improvements the materials, workmanship, or structural
integrity of which shall be found by the City not to comply with said subdivision approval for a
two (2) year period following issuance of the Certificate of Completion by the City, and shall pay
any and all costs or expenses incidental to the performance of any work required to be performed
hereunder, then the monies escrowed hereunder less an administrative fee of two (2) percent
which shall be retained by the City and less all bank charges with respect to the maintenance of
the escrow fund shall be returned to the Developer.
SECTION 3. CITY'S RIGHT TO DRAW ON ESCROW FUND.
The funds escrowed hereunder shall be used by the City only to repair or replace the
Improvements deemed by the City to not comply with the subdivision approval except as mutually
agreed to by the parties. If at any time during the two (2) year period following the issuance of
the Certificate of Completion for the Improvements the City notifies Developer in writing of any
deficiency or fault in the materials, workmanship, or structural integrity of the Improvements, and
Developer fails to correct such deficiency or fault to the satisfaction of the City within thirty (30)
days of such written notice, then the City may make such corrections, the cost of which shall be
paid for out of the escrow fund for this purpose without further notice to Developer.
Notwithstanding anything contained in Section 2 above, in the event the City has notified
Developer of a deficiency or fault as provided above, the term of this Agreement shall continue
until such deficiency or fault is corrected.
SECTION 4. CONTINUED APPLICABILITY OF SUBDIVISION
REGULATIONS.
This Agreement shall not be construed to relieve or release Developer from any of its
obligations under the City Subdivision Regulations with respect to the Improvements.
SIGNATURES TO FOLLOW
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as of the
date and year first above written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
,�L 1 , a Florida
541/1
By:
Print Name:.//,a /;r /
Print ameD .VVh �(A./Wm Its: fcl,c/
Print Name 1 _,. AJ I
CITY:
ATTEST: CITY OF OCOEE, FLORIDA,
a Florida municipal corporation
By: By:
City Clerk Mayor
(SEAL)
For the use and reliance by the City of Ocoee Approved by the Ocoee City Commission at a
only. Approved as to form and legality this meeting held on , 20_
day of , 20 . under Agenda Item No.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
All Asphalt Services Inc. Invoice
Corporate Offices Date Invoice#
373 Lazy Acres Lane
Longwood,FL 32750 8/10/2021 4927
Federal Tax I.D. 59-3224154
Phone # 407-774-2009
Fax# 407-331-8525
www.AllAsphaltServices.com
Bill To
Heichel Plumbing Project
647 Business Park Blvd
1350 Marshall Farms...
Winter Garden, FL 34787
Customer Contact Customer Phone Customer Fax
William Heichel 407-509-3365
Description Amount
Job Site Address: 1350 Marshall Farms Rd.,Ocoee,FL 34761 (Est. 13953)
INVOICE TO PAVE ROADWAY.
Pave 24'x 236'area. Deliver and install Type S111 hot asphalt mix rolled and compacted to 2"average. 15,175.00
Up to 630 sq.yards asphalt surface.We can not guarantee positive drainage on slopes less than 2%.
All site work by others.
All work is complete! Please remit payment. Total
$15,175.00
647 BUSINESS PARK BLVD.
WINTER GARDEN, FL 34787
407-656-707 3/407-6 56-6509
PROPOSAL
PROPOSAL DATE: November 1, 2021
PROPOSAL SUBMITTED TO: HEICO LLC.
WORK TO BE PERFORMED AT: HEICO LLC.
HEICHEL PLUMBING PROPOSES TO PROVIDE AND INSTALL:
• A: 1-FIRE HYDRANT, 1-8" D.C.U.A. , 1-1"RPZ, 2-WET TAPS , ALL ASSOCIATED
PIPING AND VALVES PER PLANS FOR H.P. DATED 08/07/2019
• B: BASE AND SUB BASE FOR WIDENING OF MARSHALL FARMS ROAD IN FRONT
OF NEW BUILDING PER PLANS FOR H.P. DATED 08/07/2019
• A=$13,900.00
• B=$7,500.00
ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE WORK TO BE
PERFORMED IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS SUBMITTED
FOR ABOVE WORK AND COMPLETED IN A SUBSTANTIAL WORKMANLIKE MANNER FOR
THE SUM OF $21,400.00
ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING
EXTRA COSTS, WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME
AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT
UPON STRIKES, ACCIDENTS, OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY
FIRE, TORNADO, AND OTHER NECESSARY INSURANCE UPON ABOVE WORK.
WORKMEN'S COMPENSATION AND PUBLIC LIABILITY INSURANCE ON ABOVE WORK TO
BE TAKEN OUT BY HEICHEL PLUMBING, INC.
RESPECTFULLY SUBMITTED BY: BILL HEICHEL PER HEICHEL PLUMBING INC.
NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS.
ACCEPTANCE OF PROPOSAL
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE
HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED.
PAYMENT WILL BE MAD OUTL D ABOVE.
ACCEPTED BY: 4' 1 DATE: /VI Z
1
EXHIBIT "A"
(Legal Description of Real Property Constituting the Subdivision)
1260 Marshall Farms Rd. Ocoee, FL,34761
NE1/4 OF NW1/4& E 10 CHAINS OF THE N 6.77 CHAINS OF SE1/4 OF NW1/4 (LESS PART LYING
NWLY OF SUNSHINE STATE PARKWAY & LESS MARSHALL-FARMS RD) &(LESS PT TAKEN ON 5 FOR
R/W PER OR 5435/2386 C198-1108) OF SEC 30-22-28
-5-
ORLA_1688244.1
EXHIBIT "B"
FORM OF LETTER OF CREDIT
(See Following Page)
8 THE REVERSE SIDE OF THIS DOCUMENT INCLUDES MICROPRINTED ENDORSEMENT LINES AND ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW 8
SEACOAST BANK
63-515/670 210415
HEICHEL PLUMBING, INC. CHECK NO.
647 BUSINESS PARK BLVD.
WINTER GARDEN,FL 34787
(407)656-7073 a �,(p
J1 - ",, �LUL�I lAktli —C�-S�Y DATE AMOUNT 5°
lVJ7`p��n ;AU l �OV'�� �`���2O2� 3 65`I.
06_60).114_.
PAY
TO THE
ORDER
OF 4 f�/(2..7, CAUTHORIZED SIGNATURE '1OES'M
II. 2L0LILEHI
-6-
ORLA_1688244.1