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Home My WebLink AboutCity of Tamarac Resolution R-95-057Temp. Reso. #7005 Revision#1-3/13/95 Revision#2-3/14/95 Revision #3-3/15/95 Revision #4-3/27/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95-,' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE PERFORMANCE BOND NUMBER 9430018 IN THE AMOUNT OF $186,374.50, POSTED FOR PUBLIC IMPROVEMENTS IN N.W. 71st. PLACE, SUBJECT TO RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $46,593.63; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE WHEREAS, United Underground Contractors Corporation, as Principal, with American Bonding Company, as Surety, has filed with the City Performance Bond #9430018 in the amount of $186,374.50 to guarantee public improvements in N.W. 71st Place, and WHEREAS, the facilities have been inspected and found acceptable by the Public Works/Engineering Division. WHEREAS, it is the recommendation of the Public Works Director and the City Engineer that the Performance Bond be released, subject to receipt of a Warranty Bond in the amount of $46,593.63 per the requirements of City Code Section 10-156. WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to release this Performance Bond #9430018 in the amount of $186,374.50 posted for public improvements, subject to receipt of a Warranty Bond in the amount of $46,593.63. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Performance Bond #9430018 posted by United Underground Contractors Corporation, as Principal, with American Bonding Company, as Surety, in the amount of $186,374.50 posted for public improvements in N.W. 71st Place, is HEREBY RELEASED, subject to receipt of a Warranty Bond in the amount of $46,593.63 per the requirements of City Code Section 10-156. -1- u 1 Temp. Reso. #7005 Revision #1-3/13/95 Revision #2-3/14/95 Revision #3-3/15/95 Revision #4-3/27/95 SECTION 2: That the appropriate City Officials are hereby authorized to execute this Resolution to release Performance Bond #9430018 in the amount of $186,374.50 posted for public improvements, subject to receipt of Warranty Bond in the amount of $46,593.63, a copy of which is attached as "Exhibit 1." SECTION 3: 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 portion or applications of this Resolution. SECTION 5: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this Z�day o, 1995. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have MITCHELLCir' KF CITY ATTORN RECORD OF CC MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIB DIST. 4: OOMM. MACHEK GES:mf -2- Bond No. 9430018 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that UNITED UNDERGROUND CONTRACTOR, CORP. �1 `, as Principal, hereinafter called Contractor, and American Bonding Company as Surety, hereinafter called Surety, are held and firmly bound unto the CITY OF TAMARAC, FLORIDA as Obligee, hereinafter called �I Owner, in the amount of One Hundred Eighty Six Thousand Three Hundred ` r. & 50/00 _ Dollars ( $186,374.50 for the a � Y � Payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators , successors, and assigns, jointly and severally, firmly by these presents. �I - WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for construction of Tamarac Utilities East, 6" Ductile Iron Sanitary Farce Main *codifications, in accordance with drawings and specifications prepared by the City Engineering Division and by Hazen & Sawyer Engineers which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION Or 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 ful l force and effect. The Surety hereby waives no of any alteration or extension of time made by the owner. 1 I Whenever Contractor shall be, and declared by owner to be in default;under the Contract, the Owner having performed Owner's 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 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 I' expiration of two (2) years from the date on which final payment ' under the Contract falls due. PRB-2 AMERICAN BONDING COMPANY � GENERAL POWER OF ATTORNEY 9430018 Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint CHARLES J. NIELSON of MIAMI LAKES, FLORIDA its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND—($500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be. and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seat of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 24th Day of February, 1994. Attest: AMERICAN BONDING COMPANY �ONp� By SEA William R. McKenzie, Assistant Vice President & �s John C. h r, Vice President M� STATE OF ARIZONA 55.: COUNTY OF PIMA On this24thday of February , 1994 , before me personally came John C. Fisher, to me known, who being by me duly sworn, did depose and say that he is a Vice President of AMERICAN BONDING 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. OFFICIAL STEAL CHRISTIE TURLEY CHRISTIE TURLEY NOTARY PUBLIC 'fy+ NOTARY PUBLIC My Commission Expires My Commission Expires March 10, 1995 March 10, 1995 CERTIFICATE- -- I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, 0se forth in the said Power of Attorney, is now in force. ed and sealed at the city of Tucson, in the State of Arizona. Dated the 8trh day of June 1994. CSEA Florence E. Robert, Assistant Secretary 1930 •`r