HomeMy WebLinkAboutCity of Tamarac Resolution R-95-243Temp. Reso. # 7209
Rev. 10/25/95
CITY OF TAMARAC
RESOLUTION NO. R-95 �43
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE "POINT REPAIRS WITH ROBOTICS"
CONTRACT PACKAGE "D" WITH KA-TE USA, INC. FOR
SANITARY SEWER SYSTEM REHABILITATION UTILIZING
THE CITY OF WILTON MANORS BOND CONSTRUCTION
PROGRAMS BID SCHEDULE "B" INSITU SANITARY SEWER
POINT REPAIRS AT A COST OF $108,667.65;
AUTHORIZING FUNDING FROM THE UTILITIES WEST
CAPITAL IMPROVEMENT (GRANT) FUND; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County Office of Environmental Services has conducted an
Inflow & Infiltration (1&1) Study identifying Tamarac as having an excessive amount of
I&I conveyed to Broward County Treatment Facility; and
WHEREAS, on May 10, 1995, Tamarac City Commission authorized Hazen and
Sawyer, P.C. to perform field evaluation and technical assistance for the City's
wastewater system in the Woodlands service area; and
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Temp. Reso. # 7209
Rev. 10/25/95
WHEREAS, the Utilities Wastewater Division and Hazen and Sawyer, P.C. have
located and evaluated I&I sources in the Woodlands area (attached hereto in map form
as "Exhibit 1 ") which required sanitary sewer rehabilitation; and
WHEREAS, the City Commission of the City of Tamarac has approved Capital
Funding for an Inflow and Infiltration Program for FY 95 and FY 96 under Account Nos.
425-888-535-67A and 441-888-535-67A, entitled "Inflow and Infiltration Program" as
recommended by the Utilities Department; and
WHEREAS, the Utilities Department has conducted an I&I Study and has
assessed the financial impact on the Tamarac Utility West Wastewater System as being
approximately $500,000.00 annually; and
WHEREAS, recognizing that other South Florida Utilities have prepared bid
specifications and awarded contracts for Wastewater Collection System Sewer
Rehabilitation, the Utilities Director chose to utilize contract prices from other South
Florida Utilities as provided under City Code Section 6-154; and
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Temp. Reso. # 7209
Rev. 10/25/95
WHEREAS, KA-TE USA, Inc. has offered to extend the unit prices under a
Contract with the City of Hollywood to the City of Tamarac for rehabilitation of sewers
with Point Repairs with Robotics; and
WHEREAS, it is the recommendation of the Utilities Director that the "Point
Repairs with Robotics" be initiated utilizing KA-TE USA, Inc. under the City of Wilton
Manors Bond Construction Programs Bid Schedule "B" Insitu Sanitary Sewer Point
Repairs; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to accept and execute
a contract with KA-TE USA, Inc. under the City of Wilton Manors Bond Construction
Programs Bid Schedule "B" Instu Sanitary Sewer Point Repairs at a cost of
$108,667.65.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
f'
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Temp. Reso. # 7209
Rev. 10/25/95
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
accept and execute the Wastewater System Rehabilitation Point Repairs with Robotics,
Contract Package "D" (attached hereto as "Exhibit 2") with KA-TE USA, Inc. under the
provisions of the City of Wilton Manors Bond Construction Programs Bid Schedule "B"
Insitu Sanitary Sewer Point Repairs providing for repairs to the Woodlands Sanitary
Sewer System at a cost of $108,667.65.
That the City Manager or his designee be authorized to
make changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the
City Code, and close the contract award including but not limited to making final
payment and releasing bonds when the work has been successfully completed within
the terms and conditions of the contract and within the contract price.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
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Temp. Reso. # 7209
Rev. 10/25/95
SECTION _5'. 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 portion or
application of the Resolution.
SECTION_6. This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this �5 day of
199"
16
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS, C N1 0-
CITY CLERK RECORD OF COMMISSION VOTE
MAYOR ABRAMOW17Z Cua
I HEREBY CERTIFY that 1 have DIST. 1: V/ M KATZ
p oved this Resolutiq% as to DIST. 2: COMM. MISHKIN
f f�� DIST. 3: COMM. SCHREIBER
or . I /� N /
DIST. 4: COMM. MACHEK fl,�.
ITCHELL S. KR►AF
CITY ATTORNEY
1
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POINT REPAIRS WITH ROBQTICS
CONTRACT "D"
CITY OF TAMARAC, FLORIDA
&M@1011I,10 ; c
WASTEWATER COLLECTION SYSTEM
SEWER REHABILITATION
UTILITIES DEPARTMENT
PROJECT NO. 95 - 01/D
THIS CONTRACT, made and entered into this day of &tr I
in the year Nineteen Hundred Ninety Five (1995) by and between KA - TE USA Inc.
jointly and severally hereinafter called the Contractor, and the City of Tamarac, hereinafter
called the Owner.
WITNESSETH: That whereas, the Owner has awarded to the Contractor the work
of performing certain construction:
NOW, THEREFORE, the Contractor and the Owner, for the consideration
hereinafter named, agree as follows:
ARTICLE 1. Scope of Work: The Contractor shall furnish all of the labor,
materials, tools, equipment, and everything necessary to perform; and shall perform, in
accordance with the provisions of the City of Wilton Manors Bond Construction Programs
Bid Package "B" Documents and the terms of this Contract, the Project known and
identified as "POINT REPAIRS WITH
ROBOTICS, Project No.
95-01/D" and shall do
95-01 / "D" KA - TE USA
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everything required by this Agreement, the Proposal, the General Terms and Conditions,
the Supplemental General Conditions and Specifications.
ARTICLE 2. TLimg.of Completion: Construction work must begin within ten
(10) days from the date of receipt of official notice to proceed and shall be carried on at a
rate to insure its full completion within two hundred forty (240) calendar days. The rate of
Progress and the time of completion being essential conditions of this Agreement.
Deducti n for Not Completing n Time: If the Contract work is not fully completed,
according to the terms of the Contract within the time limits herein stipulated, the
Contractor shall pay the Owner, not as a penalty, but as liquidated damages, the sum of
two hundred fifty dollars ($250.00) per day for each and every calendar day elapsing
between expiration of such time limit and the date of full completion, unless the time limits
. herein stated are subject to extension without payment of damages, as provided in the
General Terms and Conditions.
Where any deductions from or forfeitures of payment in connection with the work
of this Contract are duly and properly imposed against the Contractor, in accordance with
the terms of this Contract, Federal Laws, State Laws, or governing ordinances or
regulations, the total amount thereof may be withheld from any monies due or to become
due the Contractor under the Contract and when deducted, shall be deemed and taken as
payment in such amount.
ARTICLE 3.General: The Contractor hereby certifies that he has read each
and every clause of the Contract and Bid Documents and that he has made such
isexamination of the location of the proposed work as is necessary to understand fully the
95-01 / "D" KA - 7E USA C - 2 =501 M 951003
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nature of the obligation herein made; and will complete the same in the time limits specified
herein, in accordance with the Contract and Bid Documents.
All work under this Contract shall be done to the satisfaction of the Utilities Director
or his Assignee, who shall, in all cases, determine the amount, quality, fitness and
acceptability of the several kinds of work and materials which may arise as to the fulfillment
of the Contract on the part of the Contractor; and his decision thereon shall be final and
conclusive; and such determination and decision, in case any questions shall arise, shall
be a condition precedent to the right of the Contractor to receive any money hereunder.
Execution of this Contract shall include the Contractor depositing with the Owner a
Performance Bond providing for the satisfactory completion of the work and a Payment
Bond providing for payment of all persons performing labor in connection with this
Contract. Each of these bonds shall be one hundred percent (100%) of the Contract
amount. A Maintenance Bond in the amount of twenty-five percent (25%) of the Contract
price shall be required upon completion of construction guaranteeing the repair of all
damages due to improper materials or workmanship for a period of one year after the final
acceptance of work.
INSURANCE REQUIREMENTS: Contractor agrees that it will, in the performance
of work and services under this agreement, comply with all Federal, State and local laws
and regulations now in effect, or hereinafter enacted during the term of this Agreement that
are applicable to Contractor, its employees, agents or subcontractors, if any with respect
to the work and services described herein.
0
Contractor shall
maintain in full force and
effect during the life of the contract,
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Workers' Compensation insurance covering all employees in performance of work under
40 the contract. Contra
ctor shall make this same requirement of any of its subcontractors.
Contractor shall indemnify and save the City harmless from any damage resulting
to them for failure to either Contractor or any subcontractor to take out or maintain such
insurance.
The following are required types and minimum limits of insurance coverage which
the Contractor agrees to maintain during the term of this contract:
COMPREHENSIVE GENERAL PER OCCURRENCE
LIABILITY
Comprehensive $ 1,000,000
Premises -Operations
Contractual Liability
Personal Injury
Explosion and Collapse
Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Independent Contractors
Cross Liability and Severability
of Interest Clause
AUTOMOBILE LIABILITY PER OCCURRENCE
Comprehensive $ 1,000,000.
Owned
Hired
Non -Owned
WORKERS' COMPENSATION STATUTORY
Neither Contractor nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have supplied owner
95-01 / "D" KA - TE USA C - 4 =501 d0 951003
with evidence of such coverage in the form of a Certificate of Insurance that provides for
a30day advance written notice of cancellation.
INDEMNIFICATION REQUIREMENTS: Contractor shall indemnify, hold the CITY,
its officers, employees and agents harmless and defend the CITY, its officers, employees
and agents from any and all claims, causes of action, damages, liability and expenses
including attorney fees, in connection with loss of life, bodily or personal injury, or property
damage, including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of, or occurring in connection with Point Rgpairs With Ro a ' s Con ra "D",
Project No. 9.5 01/D, in the City of Tamarac.
The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim may
be made after the termination hereof.
CONTRACTOR shall provide the CITY with the requisite document evidencing that
the signatory for the CONTRACTOR has the authority to enter into this Agreement.
This Agreement shall not be assigned without receiving City Commission approval.
Venue shall be in Broward County, Florida.
Any clause or section of this Contract or Specification which for any reason, be
declared invalid, may be eliminated therefrom; and the intent of this Contract and the
remaining portion thereof will remain in full force and effect as completely as though such
invalid clause or section has not been incorporated therein.
ARTICLE 4. C-ontract Price: The Owner shall pay the Contractor as just
compensation for the performance of this agreement, subject to any additions or
deductions as provided in the Contract and Bid Documents, the following prices:
0
95-01 1 "D" KA - TE USA C - 5 con501 d0 951013
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POINT REPAIRS WITH ROBOTICS
CONTRACT "D"
CITY OF TAMARAC, FLORIDA WOODLANDS AREA
WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION
UTILITIES DEPARTMENT PROJECT NO. 95 - 01/D
SCHEDULE OF VALUES FOR WORK TASK
TASK
ITEM
DESCRIPTION OF TASK (BID) ITEM
QUAN
UNIT
UNIT
PRICE
TOTAL
D1
SET UP
63
EA
$ 300
$ 18,900.00
D7
POINT REPAIRS WITH ROBOTICS
D7.1
REPAIR & SEAL 8"-12" DIAM. AXIAL CRACKS c2,5 FT
95
EA
$ 685
$ 65,075.00
D7.2
REPAIR & SEAL 8"-12" DIAM. AXIAL CRACKS >2.5 FT
0
EA
$ 1,486
$ 0.00
D7.3
REPAIR & SEAL 8" TO 12" DIAM. RADIAL CRACKS
2
EA
$ 782
$ 1,564.00
D7.4
REPAIR & SEAL RECESSED LATERAL
3
EA
$ 2,167
$ 6,501.00
07.5
REMOVE & SEAL PROTRUDING LATERAL
5
LF
$ 2,167
$ 10,835.00
D7.6
REPAIR & SEAL 8" DIAM. JOINTS
1
LF
$ 608
$ 608.00
D7.7
REPAIR & SEAL 10" DIAM. Joiws
0
LF
$ 643
$ 0.00
D12
WARRANTY TV SURVEY
0
LF
$ 2.25
$ 0.00
D13
INDEMNIFICATION
D13.1
INDEMNIFICATION
1
LS
$ 10.00
$ 10.00
TOTAL WORK TASK $ 103,493.00
5% CONTINGENCY $ 5,174.65
TOTAL CONTRACT 108 667.65
NOTE: Quantities reflected in this schedule of
values are approximate and may vary
depending on actual field conditions.
Notice To Conlraglor
* AS APPROVED BY OWNER
Contractor agrees that any unit price listed is to be multiplied by the approximate quantity
requirements in order to arrive at the total.
In the event of latent multiplication or addition errors, the Contractor recognizes that these
are clerical errors and may be corrected by the Owner.
For each payment item, Contractor agrees to furnish all labor, materials, tools and
equipment necessary to properly perform the work described herein and on the Project
Drawings.
95-01 / "D" KA - TE USA
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0 GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS $ 108,667.65
(Figures)
GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS One Hundred Ei ht
Thousand Six Hundred Sixty_Seven Dollars and 65 Cents (Written)
E ENTIRE MRK—S—BALL BE COMPLETED WITHIN 240 CALENDAR DAYS FROM
E DATE OF "NOTICE TO PROCEED."
ARTICLE 5. Proares� Payments: On, not later than, the tenth day of every month,
except as provided for in the Supplemental General Conditions, the Contractor shall
prepare and submit on a form approved by the Utilities Director, a detailed estimate and
invoice to the Utilities Director covering the percentage of the total amount of the Contract
which has been completed from the start of the job up to and including the last day of the
preceding month, together with such supporting evidence as may be required by the
• Owner and/or Utilities Director.
A Progress Payment Affidavit shall be submitted by the Contractor to the Director
with every monthly progress payment request indicating that all lienors under the
Contractor's direct contract have been paid in full.
On or about the twentieth day after receipt of invoice, the Owner will pay to the
Contractor the value based on the Contractor's estimate and invoice as approved by the
Director, less the percentage retained, less the aggregate of previous payment.
ro r Retention: The percentage of estimated value to be retained shall
conform to the following schedule:
1. Retention for up to 1 0% of payments claimed.
0
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2. When the project is substantially complete (operational or beneficial
occupancy),the retained amount shall be reduced to 5 /o to assure
completion of the Contract work.
The above retainages only apply when the Contractor's performance in the
judgement of the Utilities Director or the Engineer, is considered satisfactory. When
specific circumstances necessitate, a retainage of 10% will be applied at any time during
the construction period regardless of the stage of completion of construction. No progress
estimate need be made when, in the judgement of the Engineer, the total value of work
done since the last estimate amounts to less than five thousand dollars ($5,000) as set
forth under Progress Payments in the Contract.
Included with the Contractor's progress estimate requests shall be a complete
. breakdown of the project components, the quantities completed and the amount due, in
accordance with the Schedule of Values requirements of the Contract, together with such
supporting evidence as may be required by the Engineer. Contractor shall submit with
each progress estimated, an updated construction schedule acceptable to Engineer and
a release of liens relative to the work which is the subject of the application.
ARTICLE 6. AcceMance and Final Pa men " When the work provided for under
this Contract has been fully completed, in accordance with the terms thereof, a final invoice
showing the amount of such work shall be prepared by the Contractor and filed with the
Owner.
The final invoice shall be accompanied by the required maintenance bond and by
a certificate of acceptance issued by the Owner, and stating that the work has been fully
95-01 / "D" KA - TE USA C - 8 =501 d0 951003
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completed to his satisfaction, in substantial compliance with the contract.
From the final payment shall be retained all monies expended by the Owner,
according to the terms of the Contract and thereunder chargeable to the Contractor, all
monies payable to the Owner as liquidated damages, and all deductions provided by the
Contract, Federal and State Laws, or governing regulations.
Within thirty (30) days after receipt of the Engineer's final acceptance by the Owner,
the Owner will make a bona fide effort to pay the Contractor in the full amount of the
Engineer's final estimate. Payment of the invoice and acceptance of such payment by the
Contractor shall release the Owner from all claims of liability to the Contractor in
connection with this Contract. The Contractor shall upon acceptance of such payment
execute and deliver to the Owner the Final Release of Lien in a form identical to page FRL-
1 through FRL-4 attached to this Contract.
ARTICLE 7. The Contrary Documents: The General Terms and Conditions,
Supplemental General Conditions, Bid Documents, Bonds, Technical Specifications,
Drawings and all Addenda together with this Agreement form the Contract.
95-01 / "D' KA - TE USA
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IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement,
the day and year first above written.
OWNER: = OF TAMARAC FLORIDA CONTRACTOR: KLTE USA. INC.
_,
l� By;
orm Nan Abramowitz
Mayor, City of Tamarac
�1�\ '--k-sn
APPROV D A;
95-01 / "D" KA - TE USA
Mark-R. Ibom
resident and CEO
7--� ny
C'CC _ ATTEST:
Robert S. Noe,
City Manager. Sec tary
Carol A. Evans, C r C
City Clerk
TO FOR .
Mifche. Kraft,
City orney
(CORPORATE SEAL)
ADDRESS FOR GIVING NOTICES:
4505 131st Avenue North, Unit 2
Clearwater, Florida 34622
License No.: 9 44 - 1 5(o 9 -
POINT REPAIRS -WITH ROBOTICS
CONTRACT "D"
CITY OF TAMARAC, FLORIDA
WOODLANDS AREA
WASTEWATER COLLECTION SYSTEM
SEWER REHABILITATION
UTILITIES DEPARTMENT
PROJECT NO. 95 - 01/D
C-10
con501d0 951003
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D & D Surety and Insurance Agency
500 N. Central Expressway
Suite 223
Plano, Texas 75074-6762
Phone Number 214-578-5404
Fax Number 214-578-5407
10/27/95 11:44
V813 571 1206
KA—TE USA INC.
/ 3
Q 014
Bond Number: 015005196
Premium: $3,173.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That KA-TE USA. Inc. as Principal, hereinafter called Contractor,
and Amwest Surety Ins r o as Surety,
hereinafter called Surety, are held and firmly bound unto the CITY OF TAMARAC, FLORIDA as Obligee,
hereinafter called Owner, in the amount of gne Hundred Eight e
Dollars and 65 pants (108"667"65) for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Na V. I WHEREAS, Contractor has by written agreement dated _ , 199 5 ,entered into
a contract with Owner for construction of E!oInt Repalm with Etobotigs Contract"-Q
, in accordance with tasks and specifications prepared by the Owner and by Hazen and Sawyer, P.C.,
Engineers, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Contractor shall
promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notices of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by owner to be in default under the Contract, the Owner
having performed Owners obligations thereunder, the Surety may promptly remedy the default, or shall
promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible Bidder, or, if the Owner selects, upon
determination by the Owner and the Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and Owner, and make available as work progresses (even though there should be a
default or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set
95-01 / "D" KA-TE USA PRB-1 Bond501d0 951002
10/27/95 11:45 '0813 571 1206 KA-TE USA INC.
Q 015
•
forth in the first paragraph hereof. The term "balance of the contract price," as used In this paragraph, shall
mean the total amount payable by owner to Contractor under the Contract and any amendments thereto, less
the amount properly paid by owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of th a Owner.
SIGNED AND SEALED ON this 30th day of October , 1995.
AFFIX SEAL
AFFIX SEAL
95-01 / "D" KA-TE USA
fitness)
By:
eo
(Type Name tie)
(Type Name) Attorney -in -Fact
By:
/ (Seal)
Charles J. Neilson
(Type Name) Resident Agent
PRB-2 Bond5old0 951002
10/27/95 11:42 %P813 571 1206 KA-TE USA INC. 1001!
Z/�
Bond Number: 015005196
Premium: $3,173.00
.PAYMENT
KNOW ALL MEN BY THESE PRESENTS: That We, n as Principal and
A m w e s t Surety Insurance Company as Surety, are bound to the CITY OFTAMARAC,
FLORIDA herein called Obligee, In the sum of One HUndredEight Thpusand Sixdr ve
Dollpirs and 60 pents („ G%tc67.451' for the payment of which we bind ourselves, our personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract with the CITY OF TAMARAC, FLORIDA, dated
Nv b,ef--
.. ,- , 1995, for the - nd- I n " '
Pr!2ir,ct No. 25-010 which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
THE CONDITION of this bond is that if Principal: �U✓ ��
1. Performs the Contract with the City of Tamarac, Florida dated
1995 for the point Repairs with Robotics Con I'D" role!;t No. 9§-01/D in the time and manner
prescribed in the Contract; and
2. Promptly makes payments to all persons who are defined in Section 713.01. F.S., whose
claims derive directly or indirectly from the prosecution of the work provided for in the Contract, then this bond
shall be null and void and of no further force and effect; otherwise to remain in full force and effect
This bond is furnished pursuant to the statutory requirements for bond on public works projects being
Florida Statute 255.05. Claimants are hereby notified that the Statute 255.05(2) specifically requires that
notice be given to contractor within 45 days after beginning to fumish labor, materials or supplies for the
prosecution of the work that claimant intends to look to the bond for protection. Further notice is hereby given
to claimants that written notice of non-payment within ninety (90) days after performance of the labor or after
complete delivery of the materials or supplies must be delivered to the Contractor and to the Surety. Further
notice is hereby given that no action for labor, materials or supplies may be instituted against the Contractor
or the Surety on the bond after one year from the performance of the labor or completion of delivery of the
materials or supplies.
Without modifying the foregoing, this bond shall be construed as requiring of the principal and Surety
9"1 / "D" KA-TE USA PYB-1 Bond5010 951002
10/27/95 11:43 r&813 571 1206 KA—TE USA INC.
5;"5 - -�1'2 y�
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no more and no less than is specified in F.S. 255.05.
SIGNED AND SEALED ON this 3 o t h _ day of o c t o b e r 11995.
�Irma� -- — !:
(Witness)
AFFIX SEAL
AFFIX SEAL
Principal
("type Name/Title)
Amwest Surety Insurah4e Compa
�me) fflu !�Imvoil iAk-h—llq
Dennis H. Moore
(Type Name) Attorney -in -Fact
By;
I$Ieal)
Charles J. Neilson
(Type Name) Resident Agent
95-01 /'D" KA-'T'E USA PYB-2 Bond501dO 951002
MAINTENANCE BOND
Bond Number: 015005196
KNOW ALL MEN BY THESE PRESENTS, That we
KA-TE USA Inc.
4505 131st Avenue North, Unit 2
Clearwater, FL 34622
herinafter referred to as Principal, and Amwest Surety Insurance Company, a Corporation,
hereinafter referred to as Surety, organized and existing under the laws of the State of California
and authorized to do business in the state of Florida, are held and firmly bound unto
City of Tamarac, Florida
6001 Nob Hill Road
Tamarac, FL 33321
hereinafter referred to as Obligee, in the penal sum of Dollars ($27,167.00) lawful money of the
United States of America, for the payment of which sum, well and truly to be made, we bind
ourselves our Executors, Administrators, Successors, and Assigns, firmly by these presents.
WHEREAS, Contractor has by written agreement dated the , entered into a contract with obligee
for
Sewer Rehabilitation via Robotic Technology; Point Repairs with Robotic Contract 'D"
in accordance with the General Conditions, the Drawings and Specifications, which contract is by
reference incorporated herein, and made a part hereof, and is referred to as the contract.
NOW, THEREFORE, the condition of this obligation is such that , if Contractor shall remedy any
defects due to faulty materials or workmanship which shall appear within a period of One (1)
year(s) from the date of substantial completion of the work provided for in the contract, then this
obligation to be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in
event of any default on the part of the Principal, a written statement of the particular facts
showing the date and nature of such default shall be immediately delivered to the Surety by
certified mall at its Home Office in Irving, TX.
AND PROVIDED FURTHER, any proceeding, legal or equitable, under this bond may be instituted in
any court of competent jurisdiction in the location In which the work or part of the work is located
and shall be instituted within six months from the date of notice of principal default or six months
from the last day of the term of this bond, whichever comes first.
Signed, sealed and dated this 30 day of October, 1995
1RU
By: I V
Si nature of Authorized Representative
By:
Type Narrie I and Title
SuretyQlVurance Company
Dennis H. Moore, Attorney -in -Fact
1
ResxdenA Rten�
EXPIRATION DATE 8-31 -96 POWER M-11,MER 00005201 64
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo of Amwest Surety Insurance Company (the "Company'l on the front !j }
and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No j
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until
the expiration date. 1 I I III
F NUW ALL 13Y TRESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company'l, does hereby make,
constitute and appoint:
ROGER BALES
DEBBY MOORE
DENNIS H. MOORE
AS EMPLOYEES OF DENNIS 11. MOORE T/A D & D SURETY
its true and lawful Attorney -in -fact with limited power and authority for and on behalf of the Compan sure " execu ' and affix the seal of the company
thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Mil Act other p n"" nd or other written obligations in
the nature thereof as follow:
Contract (Performance & Payment), Court, Subdivision $**1,000,000.00 +�
License & Permit Bonds up to $*****50,000.00
Miscellaneous Bonds up to $*****25,000.00
Small Business Administration Guaranteed Bonds up to $****250,000.00
Bid Bonds up to $ * * 1,000,000.00
and to bind the company thereby. Ibis appointment is made under and by a o e By- f Corn hich are now in full force and effect.
L the undersigned secretary of Amwest Surety insurance Company, a lif. is otporati REBY y that this Power of Attorney remains in full
force and effect and has not been revoked and fiuthennom, that the ons of the ) rd of 13firc torF att<forth on this Power of Attorney, and that the relevant
provisions of the By -Laws of the Company, are now in full ford e \,(Y7ry+J
Bond No. ' 015005196 Signed & sealed this 30 y of OCt 95
'V Karen G. Cohen, Secretary
to ES UTIONSTV BNF DIRECTORS #t iE tlt #t tlt
This POA is signed and sealed by facsimile un by o auth oo lutions adopted by the Board of Directors of Amwest Surety insurance
Company at a meeting duly held on Decem 1 S, 19
RESOLVED, that the President or ice Prasiden tion thSecretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
authority as defined or limited in tho ' 'denci the a in enthich case, for and on behalf of the Company, to execute and deliver and affix the seal
of the Company to bonds, und, ' re gnizance hip ob of all kinds; and said officers may remove any such attorney -in -fact or agent and
revoke any POA previously gran
RESOLVED FURTHE bond, g; reco c , or suretyship obligation shall be valid and bind upon the Company:
(i) when sign, by the Pros ent or any ent an d and sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or ice l sident rr c ry or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or t; o
(iii) when duly executed and sea al be rei u�by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced
by the power of attorn as the Companyto such person or persons.
RESOLVED FURTHER, tha nature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification
thereof authorizing the execution an delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto
affixed this 1st day of January, 1993,
John E. Savage, Predent Karen G. Cohen, Secretary
State of California
County of Los Angeles
On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all 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.
OFFICIAL 4CAI.
ttnulp WITNESS hand and official seal.
PEGGY B, LOFTON
•��Notary
•P• 4�.,.
Puhile-Calibmia
p. Oq r,
ySignature,
LOS ANGRES COUNTY(Seal)
MY ColnwMon Ex0as
MAY Fc2a Lofton Notary Pu
JUV
28• 1495
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