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HomeMy WebLinkAboutCity of Tamarac Resolution (153)May 22, 2002 - Temp. Reso. #9797 Page 1 of 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-153 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PERFORMANCE BOND IN THE FORM OF SURETY BOND #72SUN433102 FROM HARTFORD FIRE INSURANCE COMPANY, IN THE AMOUNT OF $14,640.00 POSTED BY MERRILL GARDENS, L.L.C., FOR PAVING AND DRAINAGE IMPROVEMENTS CONSTRUCTED FOR THE MERRILL GARDENS OF TAMARAC ASSISTED LIVING FACILITY PROJECT LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND NORTHWEST 77T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Merrill Gardens, L.L.C. has filed with the City of Tamarac a Performance Bond in the form of Surety Bond #72SUN433102 from Hartford Fire Insurance Company in the amount of $14,640.00, a copy of which is attached hereto as "Exhibit A", to guarantee construction of paving and drainage improvements located within the Merrill Gardens of Tamarac Assisted Living Facility project; and WHEREAS, the paving and drainage improvements have been inspected and found acceptable by the Public Works Engineering Division; and WHEREAS, pursuant to City Code Section 10-156, this Public Improvement Performance Bond, Surety Bond #72SUN433102, has remained in place for the required one (1) year period in lieu of the warranty bond, and it has been held as guarantee of performance and as warranty; and CAWINDOW&TEMM9797RES-Merrill Gardens Performance Bond Release.doc May 22, 2002 - Temp. Reso. #9797 Page 2 of 2 WHEREAS, it is the recommendation of the Public Works Director and the Assistant City Engineer that this Performance Bond be released; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to release this Performance Bond in the form of Surety Bond #72SUN433102, in the amount of $14,640.00, posted for the paving and drainage improvements located within the Merrill Gardens of Tamarac Assisted Living Facility project, located on the southeast corner of University Drive and Northwest 77th Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to release this Performance Bond in the form of Surety Bond #72SUN433102, from Hartford Fire Insurance Company, in the amount of $14,640.00 posted for the paving and drainage improvements located within the Merrill Gardens of Tamarac Assisted Living Fatility project, located on the southeast corner of University Drive and Northwest 77th Street. A copy of the Surety Bond is attached hereto as "Exhibit A". Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 11 1 E CAWINDOWMTEMP19797RES-Merrill Gardens Performance Bond Release.doc May 22, 2002 - Temp. Reso. #9797 Page 3 of 3 1 1 Section 5 and adoption. This Resolution shall become effective immediately upon its passage PASSED, ADOPTED AND APPROVED this12th day of June, 2002. ATTEST: MARION VVENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOILUTION as to form. 1ITCHELL CITY ATT JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE CAWIND0WS\TEMP\9797RES-Merri11 Gardens Performance Bond Release.doc EXHIBIT "A Temp. Reso. #9797 Page 1 of 4 SU sr 1v O'VE NTRF RM ANZXJM ND Bond 0 72 SUN 433102 Premium: $355.00 KNOW ALL MEN BY THESE PRESENTS. That Merrill Gardew, L.L.C.. having an address of 2716 Weytem Avenue, Seattle, Washington, 99121, as Principal, and Hartford Fire Insurance CompWy, a corporation existing undcr the laws of the State Of Connecticut; and having complied with all the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Stuety, are held and firmly bound unto the City of T omarac of .13mward County, a Municipal Corporation of the State of Florida, having an address of 7S25 Northwest 88`s Avenue, Tamarac, Florida, 33321 in the ;full and just sum of: FOURTEEN THOUSAND SIX HUNDRED FORTY DOLLARS (S 14,640.00), lawfi l money of the United States of America, for which stun well and truly paid to the City of Tamarac, the said Principal and the said Surety do Hereby bind themselves, their heirs, execuwrs, administrators, successors or assigns respectively, es the case may be, jointly and scveralIy, f1mily by these preset. WHEREAS, the said Principal is required to fiunish a Performance Bond to gumntee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit "A" attached) and on plans prepared by Conklin, Porter, and Holmes, and approved by the Ciry Engineer or his designee on April 20, 1998 for the MERRJ,L GARDENS OF TAANIARAC project and to comply with requirements of Tamarac City Code Section 10-1 56. This instnunent shall be automatically renewed for successive periods of one (1) year each unless the City of Tamarac retums the original band together with notification that it rosy be tern dvated. This bond shall remain in full fame until improvements have been accepted by the City Commission and replaced by 4 Warranty goad as required by City Code 10-156. IN 'WITNESS WHEREOF, the above parties have executed their instrument by affiidng their corporate names ewd seals hereto and causing their authorized representatives to EXHIBIT "A Temp. Reso. #9797 Page 2 of 4 sign these presents, pursuant to tho authority of their governing bodies an this 23rd th day of October 1998. SIGNED AND SEALED IN THE PRESENCE OF: R WITNESS Countersigncd By - Resident / Agent, Mark H. Sexual SS# 125-42-1596 I01 Southall Lane Maitland, FL, 32751 d Joha L. Carrosino — Chief Financial Offcor For; MERRIL.L GARDENS, L.L.C. PRINCIPAL Ile Curt McFaul Attorney-Iu-Fact For: Hartford Fire Insurance Company SURETY NOTE: The respective carporate seals should be affixed: Approved as to form: City A.tborney Approved as to Content: City Engineer tuy '0L THE AARTFORD STATE OF CALIFORNIA COUNTY OF , Orange On 10/23/98 before me, _ Marc M. Henry , personally appeared Curt McFaul EXHIBIT "A Temp. Reso. #9797 Page 3 of 4 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CALIFORNf NOTARY ACKNOWLEDGEMENT FOR Form s-4050-0 Printed in U.S.A. (Seal) MARC M. HENRY COMM. #1183767 NOTARY PUBI.IC - cpuFORN1Aii ORANGE COUNTY My Comm. Exp. May 16, 2002 EXHIBIT arA Temp. Reso. #9797 Page 4 of 4 F" ' RTFORD FIRE INSURANCE COMP` "Y Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a Corporation duty Organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint FA UL E: BOUCffEF, JR, R. S. REHRER, M. L. JUE" and CURT,WcFA UL of BRL4, CALIFO"Lol its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fldelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all adtkons or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 91h day of March, 1971. ARTICLE IV SECTION S. The President or any Vice -President, acting with any Secretary of Assistant Secretary, sties have power and authorky to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, One of mOfe Resident Vial Presidents, Resident Assistant Secretaries and Attorneys in -Fact and at any time to remove any such Resident Vida -president, Resident Asownt Secretary, or Attorney -in -Fad, and revoke the power and authority given to him. SECTION 11. Attomeys-in-Fact she have power and authority, subject to the terms and Ilmitstlens of the power of attorney Issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and of bonds and undertakings, and octet writings obligatory in the nature thereof, and any such instrument executed by any such Aluxney-in-Fad shall be as Executive Officer and sealed and attested by one other of such Officef. updn the Company es it signed by an This power of attorney is signed and sealed by facsimile under and by the authority of the folkMng Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February, 1993. Read vod. that the signatures of such Or&wn and the seal of ere Cbmpsny my be aftsd to any :unit ppwer Of auxney or w any oarfiseaw isWrq sreeto by ftc n ao. and arty such power or anorney or cenikaw Deming such tacwymie signatures ortacspniy sass snail bo veho ono ainswig upon the Cdlnpuy and any suit poem so exstamd and certJed try faesanue signatures and htrxMie seal shall be vom and binding upon the Gampsny in dtt Mure vretrt rsnpsu to any taxat or undsrt ny ro rAedr A is srtu+red. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents t0 be signed by its Vice - President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1 st day of May, 1995. Attest: `- ^^ HARTFORD FIRE INSURANCE COMPANY Richard R. Flsrmtglsort STATE OF CONNECTICUT I Secretary es, Fatal L. Marahella COUNTY OF HARTFOAD Vice-president On this 1st day of May, A.D. 1995, before me personally come Paul L. Marabella, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford. State of Connecticut: that he Is the Vice -President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT (�* TT^'[.VrE• �eraUe ! COUNTY OF HARfL Hdtary ba'c TFORD JamJam H. A bAk; n My cam roe ow ExpvK ,Neu ao. teat QtraR1'IFIgA7"E I, the undersigned. Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, OO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthe more, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City Of Hartford. Dated the 23rd day of October 19 98 FlobsA L Pbst Sscranry CERTIFIED COST ESTIMATE Page 1 & 9 PROJECT NAME: MERRILL GARDENS DEVELOPER: MERRILL GARDENS L.L.C. TOTAL COST Private Public % Fee FEE AMOUNT Private Public Site Preparation 5400 0 7.15 386.10 0 Paving and Oralna a 85$75 4150 8.25 7084.69 342.38 SewageCollection 8.25 :•: R::j.}?:}:•: .._ +,+}vy,-� Water Distribution g. w.:, -.� Sidewalks, Curb & Gutter 8.25 Street Median cuts See below •`;;`•.on `'EachC �. �. a�:. :{OffLandscape F :. >:::: �.;;>� . I 7.15 ;� :_:>"':: As haft resurfacing 2.00 Clearing and Grubbing 7300 96Q 7.15 IgIALS, a) 117191 bllg42 9528.56 130.15 " • FEES ARE NON-REFUNDA13Lg ""TOTAL Fee: 10 658.71 LESS fees rev'I d; .. CERTIFICATE: I hereby certify that this estimate is true and corred to the best of my knowledge and belief and re��resents the t" site development oo for the . � " 0 Project Engineer Pub11c Improvement Performance Bond from "b)" above: Cod = 14640 x100% = $14,640. Reg. No. Approved by the City Engineer. a Date: 41/c-;2 Q° Remarks:. 'Strests more than 2 years old. $50.00 Y. number of banes Medians cut with stacking lane, $250.00 x number of median cuts Median cut w/o stack lane, w/curb cut, $200.00 x no of median cuts Median cut w/o stack lane or curb cut, $50.00 x no of median arts Jed* and Bore, 75% of above (Reso.83-130) ant tars Pop 2ofI PRIVATE IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE SITE PREPARATIONICLEARING & GRUBBING PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GARDENS, L.L.C. SITE PREPARATION SUBTOTAL: FEE PERCENTAGE: 7.15% 386.10 FEE: CLEARING & GRUBBING ITEM QUANTITY UNIT UNIT PRICE T Clear and Grub 3.65 2,000 7,300 SUBTOTAL: 300 ENTAGE: FEE: 521.95 Pop 3 of 9 PRIVATE IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE PAVING AND DRAINAGE PROJECT: MERRILL GARDENS DEVELOPER:_ MERRILL GARDENS, .�T _ . rl_ �.. � • rr cr fir, �, �� rrr rr rrr 2" asphalt.r of DRAINAGE ITEM . QUANTITY UNIT UNIT PRICE COST 1 890 L,F, 20.00 17,800 2. 18" RCP 3. 4' " RCP S. 36+ RCP 6. 420 RCP 7'. 48" RCP 8.54" 10. Catch 12 1200.00 1 Pollu 1 SUBTOTAL: FEE PERCENTAGE: FEE: 85,875 1MOT1.1 825% *complete installation Including pipe and wrapping Peggy 4 of 9 PRIVATE IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE SIDEWALKS, CURBING, ETC. PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GARDENS, L.L.C. ITEM QUANTITY UNIT UNIT PRICE COST 1. 4" Sidewalks 795 S.F. 8.00 6,360 2. 6' Sidewalks S.F. 3. Curb and Gutter 368 L.F. 12.00 4 .416 4. Valley Gutter L.F. 5. Header Curb L.F. 6. Extruded Curd L.F. 7. Traffic Separator L.F. Vertical Curb 880 8 00 7..040 Mountable Curb 100 8.00 800 SUBTOTAL:18,616 8.25% FEE: 1,535 .82 Pop 5 of 9 PUBLIC IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE SITE PREPARATION/CLEARING & GRUBBING/LANDSCAPING PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GA L.L.C. SITE PREPARATION 2. Carml Fymvafm i LANDSCAPING CLEARING A GRUBBING ITEM QUANTITY UNIT UNIT PRICE COST and Grub 0.48 2000 -Clear SUBTOTAL: FEE PERCENTAGE: 960 7.15% 68.64 CITY OF TAMARAC PERMIT AND INSPECTION FEES PAVING AND DRAINAGE PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GARDENS, L.L.C. PAVING P" 6 of 9 PUBLIC IMPROVEMENTS CERTIFIED COST ESTIMATE ITEM QUANTITY UNIT UNIT PRICE COST 1. Stabilized Subgrade 300 S.Y. 1.50 450 2. 6' Limerodt Base S.Y. 3. 80 Urnerock Base 300 S.Y. 6.00 1,800 4. 1Asphalt S.Y. 5. Guardrails L.F. 6. Street Lighting EA. 7. Street Signs 2 EA. 200 400 8. Wheel Stops EA. 9- 2" Asphalt 250 SY 4P0 1.000 10. 11. DRAINAGE ITEM QUANTITY UNIT UNIT PRICE COST 13, 1. 15' R ` RC r S. 420 r8 " " r 10.,--Catch Wag, 11 Pollution 12. Manholes - EA. 13. gridwalls EA, 1 Connect to existin 16, stub -out 17 SUBTOTAL: 4 15 0 FEE PERCENTAGE: 8.25% CITY OF TAMARAC PERMIT AND INSPECTION FEES SEWAGE COLLECTION PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GARDENS, L.L.C. pne 7 of f PUBLIC IMPROVEMENTS CERTIFIED COST ESTIMATE ITEM QUANTITY UNIT UNIT PRICE COST MainsGravity 1LV�- , ._ , 1 it-20' Cut L.F. ITEM QUANTITY UNIT UNIT PRICE COSTEA- ITEM QUANTITY UNIT UNIT PRICE COST 3. Service Istorals EA. 4. Closnouts In omse EA. S. Clesnouts In Pavement EA. S. Pum i station EA. 7. of Force Main L.F. 8. 9. 10. - F ; NTAGE: 8-225'X pop 8Of9 PUBLIC IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE WATER DISTRIBUTION PROJECT: MERRILL GARDENS DEVELOPER: MERRILL GARDENS, L.L.C. ITEM QUANTITY UNIT UNIT PRICE COST 1 Water i i r • I k6' " 1 12" DIP LF. ITEM QUANTITY UNIT UNIT PRICE COST Gate Valves and Boxes • 40 EA. 12" EA. ITEM QUANTITY UNIT UNIT PRICE COST 3. Fire " rvllines-L.F. S o h7 6 T sVolvo Tstina L.S. SUBTOTAL: FEE PERCENTAGE: 7,169�i FEE: PAID TO UTILITIES ftr9Of9 PUBLIC IMPROVEMENTS CITY OF TAMARAC PERMIT AND INSPECTION FEES CERTIFIED COST ESTIMATE SIDEWALKS, CURBING, ETC. PROJECT: MERRILL GARDENS DEVELOPER: MERRI LL GARDENS, L.L.C. ITEM QUANTITY UNIT UNIT PRICE COST 1. 4'§M2WAb 255 I.E. 8.00 2 040 T e F 1 0 a. V s S. Mountable Curb 60 L.F. 8100 480 g - SUBTOTAL: 3,430 FEE PERCENTAGE: $� FEE: m-- m I Page 1 of 1 Kurt Schoenfelder From: Raj Verma Sent: Wednesday, May 15, 2002 11:24 AM To: Mauro Burgio; Horacio Danovich: Kurt Schoenfelder Cc: Chris King Subject: FW: Bond Release help Please review and process if it pertains to PW. Thanks -----Original Message ----- From: Chris King Sent: Tuesday, May 14, 2002 10:45 AM To: Raj Verma; Ray Gagnon Subject: FW: Bond Release help Gentlemen - Could you please assist Mr. Sundheim in his request to have these Performance Bonds and Warranty Bonds released? I would appreciate it. Thanks ... Chris -----Original Message ----- From: ]on Sundheim[mailto:jons@merrillgardens.comj Sent: Thursday, May 09, 2002 4:20 PM To: Chris King Cc: Susan Motley Subject: Bond Release help Hi Chris, I was wondering if you could help me. We have three bonds that we put up with the city of Tamarac (2 of them almost 4 years ago). Believe it or not, my corporate office called and told me that we are still paying premiums for them, and we needed a letter from the city in order to get the bonding company to release them. I would really appreciate it if you could either get the appropriate letters of release (maybe they were actually done years ago, but never given to us), or at get me going to the right person to get these bonds released. The bonds needing a letter of release are: Subdivision Improvement Performance Bond Subdivision Improvement Performance Bond Subdivision Improvement Warranty Bond Thanks very much Chris. Jon Sundheim Director of Development, SE Region Merrill Gardens. LLC 1 No. 430095 8/25/98 $14,640.00 No. 430096 8/25/98 $67,122.00k -Z No. 72 BCSAE2653 5/12/00 $16,780.50 F'a0MGJ_Y UTtLI I ,es