HomeMy WebLinkAboutCity of Tamarac Resolution (153)May 22, 2002 - Temp. Reso. #9797
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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
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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.
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May 22, 2002 - Temp. Reso. #9797
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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
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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