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HomeMy WebLinkAboutNCC190813_NOT Closeout Documents_20201116Engineering Services Department Terry Kuneff, P.E. INTERIM DIRECTOR NOIKi'1-1 CAROLINA'S IN-FERNAI IONAL July 27, 2020 Joy R. Jacek, Project Coorrdinator c/o Vericon Construction Company 13504-J South Point Boulevard Charlotte, NC 28273 RE: EROSION CONTROL SURETY RELEASE Project: O'Reilly Auto Parts — High Point, NC #1 Location: 2406 South Main Street, High Point, NC 27263 Land -Disturbing Permit # EN 19 0210 2274 (Corrected) Dear Mrs. Jacek: Per your request, the Erosion Control Surety that was provided for the site at the O'Reilly Auto Parts — High Point, NC #1 located at/near 2406 South Main Street, High Point, NC is hereby released. The project is completed and in compliance with the City of High Point Development Ordinance, Section 6.3. The Erosion Control Surety Bond ( Bond Number 1071300052) that is being held by the City of High Point for the above site is no longer required. The original copy is being returned with this letter. In addition, the Land -Disturbing Permit will be closed out also. Thank you for your efforts in controlling sedimentation. Please call me if you have any questions or comments. Sincerely, Scott E. Ford Engineering Services Department (336) 883-3194 cc: File attachment: Land Improvement Bond # 1071300052, dated August 15, 2019 PERFORMANCE BOND Bond No. 107130052 KNOW ALL BY THESE PRESENTS, That we, Vericon Construction Company, LLC. (hereinafter called the Principal), as Principal, and Travelers Casualty and Surety Company of America , a corporation duly organized under the laws of the State of Connecticut (hereinafter called the Surety), as Surety, are held and firmly bound unto City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 (hereinafter called the Obligee), in the sum of Three Thousand One Hundred and 00/100 ($3,100.00 ) Dollars, for the payment of which suns well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 15th day of August 2019 WHEREAS, said Principal has entered into a written Contract with said Obligee, dated , for Erosion and Sedimentation Control Plan - O'Reilly Auto Parts - High Point, NC #1 2406 South Main Street, High Point, NC 27263 Land -Disturbing Permit # EN1802102274 - Per Attached Plans for Site Work in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void: otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same he commenced within two (2) years following the date on which Principal ceased work on said Contract. Ven on Construction Co pany, LLC. incipal Travelers Casualty and Surety Company of America By a�t�• ,: --- Sandra A. Pace Attorney -in -Fact LMS-10757 10/99 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of New Jersey County of U n io1 ) On this _day of , 2019, personally came before me,�('tU'C�.. U(jL��e� of Vericon Construction Company, LLC to me known to be the person who executed the foregoing and acknowledged that they had the authority to execute same as the act of said limited liability company. My commission expires Notary i?ublic ASNL9Y M. BENDER NOTARY PUBLIC OF NEW JERSEY Comm. # 2442307 �FP My-Commisft Exp1m 111512024 SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 15t" day of August, 2019 Before me personally came Sandra A. Pace to me known, who being by me duly sworn, did depose and say that he/she is an Attorney -in -Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. KEM,AL EIRKAfVOVIc NOTARY Pu°S!.(C OF NEIAI JERSEY Comma. * 50051090 WCOnIn104sion Expires 12/12/2021 My commission expires Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sandra A. Pace of Westfield, New Jersey their true and lawful Attorney -in -Fact tosign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. �N10 wR(,r eJ���r gryaa F1MTF0� s HARTFOM�qjN.oState of Connecticut By: City of Hartford ss. Robert L. Raney, Se for Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. t±T� My Commission expires the 30th day of June, 2021 # ��0 ik Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this istn day of August , 2019 "�H1RfFORO, NARTFORD, C CO�OR4r[ A CONK. W CON, c • r,��� 'rd Yee° Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2018 CAPITAL STOCK $ 6,480,000 CASH AND INVESTED CASH g 36.728,596 UNEARNED PREMIUMS $ 979,007,378 BONDS 3,507,432,239 LOSSES 750.995.504 STOCKS 294,199,596 LOSS ADJUSTMENT EXPENSES 166,673.871 INVESTMENT INCOME DUE AND ACCRUED 38,287,129 COMMISSIONS 45,868.584 OTHER INVESTED ASSETS 3,507,839 TAXES, LICENSES AND FEES 14,584,663 PREMIUM BALANCES 250,478,792 OTHER EXPENSES 43,858,534 NET DEFERRED TAX ASSET 48.781,239 CURRENT FEDERAL AND FOREIGN INCOME TAXES 10.143,037 REINSURANCE RECOVERABLE 29,278,755 REMITTANCES AND ITEMS NOT ALLOCATED 21.277,153 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 14.277,262 AMOUNTS WITHHELD J RETAINED BY COMPANY FOR OTHERS 30,289,553 RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES 27,613,266 RETROACTIVE REINSURANCE RESERVE ASSUMED 810,360 ASSUMED REINSURANCE RECEIVABLE AND PAYABLE 626,488 POLICYHOLDER DIVIDENDS 10.410,755 OTHER ASSETS 4,936,229 PROVISION FOR REINSURANCE 7.641,356 ADVANCE PREMIUM 1.608.777 REINSURANCE PAYABLE ON PAID LOSSES & LOSS ADJ. EXPENSES 868.002 PAYABLE FOR SECURITIES LENDING 14.277,262 CEDED REINSURANCE NET PREMIUMS PAYABLE 46,469.976 OTHER ACCRUED EXPENSES AND LIABILITIES 335A89 TOTAL LIABILITIES S 2,145,120,254 CAPITAL STOCK S 6.480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,670,943,418 TOTAL SURPLUS TO POLICYHOLDERS 2,111 , 1 TOTAL ASSETS F ,25 6� TOTAL LIABILITIES & SURPLUS $ 4,256,347,43 STATE OF CONNECTICUT COUNTY OF HARTFORD ) SS. CITY OF HARTFORD MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER, 2018. SUBSCRIBED AND SWORN TO BEFORE ME THIS 28TH DAY OF MARCH, 2019 =u) * �= o �C'�BLI , .,,ti�yEfC.� VICE PRESIDENT, FINANCE NOTARY PUBL C ` SUSAN M. WEISSLEDER Noimy Public Aly Commission Expires November 30, 2022 L-A00 DZS_rLL1LMWCA-- k_c Engineering Services Department B. Keith Pugh, P.E. DIREC"rOR rr► � rsr r NORTH CAROLINA'S INTERNATIONAL CITY — June 28, 2019 Owner/Financially Responsible Party O'Reilly Automotive Stores, Incorporated 233 South Patterson Avenue Springfield, MO 65802 RE: APPROVAL of EROSION and SEDIMENTATION CONTROL PLAN Project: O'Reilly Auto Parts — High Point, NC #1 Location: 2406 South Main Street, High Point, NC 27263 Land -Disturbing Permit # EN1802102274 Dear Sir or Madame: The Engineering Services Department has completed the review process for the Soil Erosion Sedimentation Control Plan submitted on 5-26-2019 for the project referenced above. Based on our review, the plan is hereby approved. This plan will specifically cover the Erosion and Sediment Control Measures during the Grading and Building Phases. If a different identity from the Grading Phase executes the Building Phase, this approved Erosion and Sediment Control Plan (E&SCP) may be transferred to the firm/person executing the Building Phase. Prior to transferring the plan, written authorization and a Financial Responsibility Form must be submitted to our office for review. The terms and conditions of the approved plan shall remain in place unless otherwise noted. The Erosion Control Measures shown on the plan(s) are approximate. Some field adjustment may be required to make the measures work correctly. An Erosion Control Financial Guarantee (Surety) is required to be submitted prior to any Land - Disturbing activities. This refundable guarantee shall remain in force until the work is completed in accordance with the Land -Disturbance Permit and the work is approved by the Engineering Services Director. The amount of the guarantee required is $2000.00 per disturbed acre and can 1 . SS I'n1rL- City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax:336.883.4118 Phone:336.883.3194 TDD:336.883.8517 1 . 55 YZo 00 - �3,iod o0 be in the form of a Check, Irrevocable Letter of Credit, Equivalent Security or Surety Bond. The Check, Irrevocable Letter of Credit or Equivalent Security can be deposited with the City or held in escrow with a Financial Institution as per Section 7.2.2 — Performance Guarantee of the City of High Point Development Ordinance. Surety bonds will be held by the city until released. This letter will serve notice that: • As per NCGS 15A NCAC 04B .0120 (b) and (c), INSPECTIONS AND INVESTIGATIONS, this letter shall serve as notice that inspection of sites shall be carried out by the staff of Department of Environmental Quality or other qualified persons authorized by the Commission or Department of Environmental as necessary to carry out its duties under the Act and No person shall refuse entry or access to any representative of the Commission or any representative of a local government who requests entry for purposes of inspection. • As per High Point Development Ordinance 2.5.10.G.I and 2, the Land -Disturbing Permit will become null and void one (1) year from the date of issuance. You may request in writing, a 180-day permit extension 30 days prior to the expiration date, for good cause. • The approval of the draft Erosion and Sediment Control Plan and the Land Disturbing Permit issued by the City of High Point is conditional based on the applicant's compliance with Federal and State water quality laws, regulations, and rules. • The approval of the draft Erosion and Sediment Control Plan is based in part on the accuracy of the information provided on the submitted Financial Responsibility Form. If any changes to the submitted Financial Responsibility Form (e.g. ownership, address, company name) occur, then you are required to submit an amended form showing such changes. • The approval of the draft Erosion and Sediment Control Plan does not supersede any other permit or approval. • Approval of the draft Erosion and Sediment Control Plan, authorizes the permittee to discharge stormwater in accordance with the standard and regulations of current General Permit NCGO 10 and the National Pollutant Elimination System (NPDES). This Letter�of Approval must be posted at the site of the land disturbing activity along with thAand-Disturbing Permit, the approvehrosion and Sediment Control Plan, a copy of theINPDES/NCGO10 Permit, and a copy of thegCertificate of Coverage (COC�,' • Records of Inspections must be kept on site for twelve (12) months. • All data used to complete the e-NOI and all Inspection Records must be maintained for a period of three (3) years and available upon request (40 CFR 122.41). • Construction site pollutants must be maintained on -site and not allowed to reach the state's waters. Any spent fluids from construction traffic must be cleaned up and disposed of properly. Any herbicide, pesticide and fertilizer must be used in accordance to the label restrictions. All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statues, Chapter 130A, Article 9 — Solid Waste Management, and rules governing the disposal of solid waste (NC Administrative Code Section 15A NCAC 13B). No dumping of paint and other liquid building material waste in storm drains. Concrete materials onsite, including excess concrete, must be controlled City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax:336.883.4118 Phone:336.883.3194 TDD:336.883.8517 and managed to avoid contact with surface waters, wetlands or buffers. No concrete slurry shall be discharged from the site. • Only minor deviation from the approved plan can be approved by the Erosion Control Inspector prior to address the following deficiencies: o Addition of E&SC measures (e.g., silt fence, inlet protection, check dam, rolled erosion control practices, etc.). o Relocation of E&SC Measures that improve the overall stormwater and sediment control. • Erosion Control Measures must be maintained until site is stabilized with sufficient ground cover. The Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66) is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the approved E&SCP is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973, revisions to the plan may be required by the Erosion Control Inspector. • A condition of this approval is that the streets in this phase must be kept free of sediment. Daily cleaning of streets will be required. Erosion Control Measures to prevent. construction traffic tracking sediment onto the streets must be maintained. Any debris or sediment will be cleaned from the street surface immediately. • All applicable fees must be paid prior to the issuance of the Land -Disturbing Permit. When you are ready for the Land -Disturbing Permit to be issued, please notify my office to arrange for a pre -construction meeting. Site Data: Project Name: O'Reilly Auto Parts — High Point, NC #1 Land -Disturbing Permit (Project ID): EN1802102274 Limits of Disturbance (in acres) approved: 1.55 acres Address: 2406 South Main Street City: High Point State: NC Zip Code: 272632 County: Guilford Latitude (in decimal degrees): 35.930 degrees Longitude (in decimal degrees):-79.993 degrees River Basin: Cape Fear Draft E&SCP submitted by: Molly Robb, PE, Anderson Engineering, Incorporated, 2045 West Woodland, Springfield, MO 65807 Date(s) draft E&SCP Received: June 26, 2019 Plan Type: E&SCP City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax:336.883.4118 Phone:336.883.3194 TDD:336.883.8517 Please call me if you have any questions or comments. Sincerely, Scott E. Ford Engineering Services Department (336) 883-3194 cc: File Molly Robb, PE, Anderson Engineering, Incorporated, 2045 West Woodland, Springfield, MO 65807 City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517