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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-296Temp. Reso.#8042 October 27, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-97-o� q (o A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT PERFORMANCE BOND IN THE AMOUNT OF $33,770.00 SUBJECT TO THE RECEIPT OF A WARRANTY BOND IN THE AMOUNT OF $8,511.25 FROM LASER ENGINEERING, INC., FOR WATER DISTRIBUTION AND SEWAGE COLLECTION IMPROVEMENTS FOR THE CONTINENTAL CABLE PROJECT LOCATED ON THE SOUTHWEST CORNER OF NOB HILL ROAD AND NW 67T" STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Laser Engineering, Inc., has constructed the Continental Cable Project and has installed the Water Distribution and Sewage Collection System Improvements in accordance with the Site Plan approved by the City Commission on December 11, 1996; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on September 10, 1997, requires Laser Engineering, Inc., to provide a Warranty Bond to the City of Tamarac for the Continental Cable Project Water Distribution and Sewage Collection System Improvements located on the southwest corner of Nob Hill Road and NW 67th Street (attached hereto in map form as "Exhibit 1 "); and Temp. Reso.#8042 October 27, 1997 2 WHEREAS, Laser Engineering, Inc., has requested the release of a Public Improvement Performance Bond in the form of a Surety Bond #X06653 from Preferred National Insurance Company in the amount of $33,770.00 (attached hereto as "Exhibit 2") subject to the receipt of a one-year Warranty Bond in the amount of $8,511.25 to the City of Tamarac for the Water Distribution and Sewage Collection System Improvements installed for the Continental Cable Project; and WHEREAS, the Improvements were inspected, approved and are recommended for acceptance for a one-year warranty period by the Utilities Engineering Division; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Performance Bond be released for the Continental Cable Project Water Distribution and Sewage Collection System Improvements; 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 the Public Improvement Performance Bond subject to the receipt of a one-year Warranty Bond from Laser Engineering for the Continental Cable Project Water Distribution and Sewage Collection System Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Temp. Reso.#8042 October 27, 1997 3 CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to accept the one year Warranty Bond for the Water Distribution and Sewage Collection System Improvements in the amount of $8,511.25 for the Continental Cable Project located on the southwest corner of Nab Hill Road and NW 6711 Street in accordance with Section 10-156 of the City Code. 1 SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Laser Engineering, Inc., the Performance Bond upon acceptance of the one (1) year Warranty Bond for the Continental Cable Project. The bond is in the form of a Surety Bond #X06653 from Preferred National Insurance Company in the amount of $33,770.00 for the Water Distribution and Sewage Collection System Improvements. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso.#8042 October 27, 1997 4 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 portions or applications of this Resolution. SECTION 6: passage and adoption. 1997. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this /o day of. Cftt, ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have TR/dav/aml LIMIW/A\■LIJrkl\I �kE SCHREIBER MAYOR RECORD MAYOR SCHREIBER COMMIS DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: ROSEp7`q N VOTE EXHIBIT l TEMP. RESO.# 8042 rj • E M ►_• IN in TEE PLAT J & J PLAT ra 0 TAMARAC 1299 LAND TRUST ¢ PLAT x A w 0 CL Cal WESTPLPT TAMARAC MARKET PLACE S & N PLAT PARCEL A N. W. 67th ST. S & N PLAT PARCEL B LOCA IN y Q PROPOSE➢STATE STREET C❑MMERCIAL BLVD, -j SE��II LL II RBVICES -j-+ CUMPLEX z C❑NTIN.DWG CONTINENTAL CABLE PERFORMANCE BOND RELEASE EXHIBIT 2 Temp. Reso. 8042 BOND # X06653 suBorvrsro 0 KNOW ALL MEN BY THESE PRESENTS: ThatLase.- Engineering, Inc, 2500 N Powerline Road, #6A having an address of Pompano Beach, FL as Principals, and Preferred National Insurance Company having an address of 210 University Drive, #900, Coral Springs, FL a corporation, existing under the laws of the State of Florida, and having heretofore complied with ail the requirements of the laws of the State of Florida regulating the admission of such corporation to transact business in this State, as Surety, are held and firmly bound unto the City of Tamarac of Brcward County, a Municipal Corporation of the State of Florida, having an address of 7525 Northwest 88th Avenue, Tamarac, Florida, 33321 in the full and just sum of Thirty three thousand seven hundred seventydollars s & 00/100 Dollars (S 33 , 770.00*** ), lawful money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hereby bind themselves, their heirs, executors, administrators, successors or assigns respectively, as the case may be, jointly and severally, firmly by these presents. WHEREAS, the said Principal is required to furnish a Performance Bond to guarantee the installation of public improvements as indicated on the Certified Estimated Cost (Exhibit "A" attached) and on plans prepared by _ and approved by the Director of utilities or his designee on 19_, for the Continental Cablevision project and to comply with requirements of Tamarac City Code Section 10-156. The City is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamara . c or its authorized representative that. 950814 1 Surety.wpd • r� 1_ The drawing is due to Laser Engine4ring, Inc. failure to construct the public improvements; 2. That the developer's obligations have not been completed and the City of Tamarac has been notified that the bond will not be extended, or 3. That a warranty bond that is required by Tamarac City Code has not been provided. This instrument shall be automatically renewed for successive periods of one (1) year each unless the said Surety and/or the said Principal provide written notice to the City Clerk via registered mail of their intent to terminate the credit herein extended, which notice must be provided at least sixty (60)days prior to the expiration date of the original term hereof or any one (1) year term, or unless the City of Tamarac retums the original letter of credit together with notification that it may be terminated. This bond shall remain in full force until improvements have been accepted by the City Commission and replaced by a Warranty Bond as required by City Code Section 10- 156. 954814 2 Surety.wpd • • IF WITNESS WHEREOF, the above bounden parties have executed their instrument by affixing.their corporate names and seals hereto and causing their authorized representatives to sign these presents, pursuant to the authority of their governing bodies on this -Littti day of ti av 1997 SIGNED AND SEALED IN THE PRESENCE OF: Laser Engineering, Inc. (As to Principal) (Title) for the President Gary al, President; Preferred National Insurance Company (Title) ` I le) for Surety Jona U arroia, _At-torney in,� act and -Licensed Florida Resident Agent,, , Attested by VA (Title) -NOTE: The respective corporate seals should be affixed: approved as to form: approved as to content: City Attorney 950814 3 Director of Utilities Surety.wpd RIDER ADDING ADDITIONAL OBLIGED To be- attached to and form a part of Slih - * -- -- Bond Number Y06653 dared the 13th day of 19 97 Issued by Preferred National Insurane Company as Surety, on behalf of Laser Engineerin Inc. as Principal, on the contract for Continental Cablevision in favor of City of Tamarac of Broward County as Obligee. WHEREAS, upon the request of the Principal and the Obligee the attached Bond is hereby amended by adding Samuel Butters & Nathan Butters in Its capacity as Owner as an Additional Obligee. PROVIDED, HOWEVER, that there shali be no (lability under this Bond to the Obligees, or either of them, unless the said Obligees, or either of them, shall make • payments to the Principal strictly in accordance with the terms of said contract as to payments, and shall perform all of the other obligations to be performed under said contract at the time and in the manner therein set forth; all of the acts of one Obligee being binding on the other. In no event shall Surety be liable in the aggregate to both of the Obligees for more Than the penalty of the attached bond, nor shall Surety be liable except for a single payment for each single breach or default. At Surety's election any payment due to either Obligee may be made by its check Issued jointly to both. This 'bond is executed in compliance with all of the provisions of Florida Statute, Section 71 3.01 (1 6) and 71 3, which provisions are incorporated herein by reference. In the event of a conflict between the pravisiens of said Section(s) and those contained in the Bond, the aforementicrr.ed Sections) shall govern. The attached Bond shall be subject To all of its terms, conditions and limitations except as herein provided. Signed, sealed and dated This 13th day of ACCEPTED_ Laser Engineering, Inc. 7Y. Zarya President City of Tamarac o B Obligee By - May 1 9 9,L._- Preferre pany Sure BY - John Harrold, Attorney -in -Fact: & Lic used Florida Resident Agent RAAOH (Combines BOR2404, BDR2403, 13021 01 ) Preferred National Insurance Company Coral Springs, Florida ��ng1T POWER OF ATTORNEY ell ern t i; (J� L�rsEnfs; That Preferred National Insurance Company, a corporation of the State of Florida, by Stephen Weicholz, President, and Scott Weicholz. Secretary, in pursuance of authority granted by Article XI. Section 1 & 2 of the By -Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE XI, SECTION 2 - The signature of any authonzed officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship cdfigations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Franklin E. Wheeler, Michael Bonet and John U. Harrold and Maura A. Sheesley its true and lawful attorney, for it and in its name, place, and stead to execute or, behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount net to exceed: Five Hundred Thousand Dollars (S500,000.00) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does nereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary,have hereunto subscribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 17th day of Novernber;.1993. �TTEST: Sec; etanr STA7Z CF Fi_CPICA SS: •- CI f CF CORAL SPRIiNGS i Preferred National Insurance Company President On this 17th day Of Nrvember, A.D., 1993 before the subscriber, a Notary Public of the State of=?orda, duly commissioned and qualified, came the above named President arid Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and wnc executed the preceding instrument, and tr',ey each acknowledged the execution of the same, and being by me duly swam, severalty and earn ter himself depeseth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal ar.d their signatures as such officers were duly affixed and subscribedto the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, written. at the Ciry of Coral Springs, the day and year first above PU OFFIC:AL N07ARY SEAS s f" MARC REOEN j? * COMMISSION NUMBER CC 144201 MY COMMISSION -EAR, OF F',C OCT. 11 .1095 CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do heraby certify that the original Power of Attorney cif which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate: and I do funher certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article XI, Section 1 & 2 of the By -Laws of the Preferred National Insurance Company. This Carificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of Preferred National Insurance pany at a meeting ouly called and held on the 8th day of September, 1989. 0m,olved. Article XI, Section 2, "that the facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed'' IN �STIMONY WHEREOF ..CC ... (........................ I have hereunto subscribed my name and affixed the Corporate Seal of the said Comoanv this / _ . ; 1L .. day of C� Sec retari 4n EXHIBIT A CITY OF TtiNLAKkC UTILITIES CERTIFIED ACTUAL COST PR _I ',K. Continental Cable Butters Construction TOT.A.L COST FEE -A-MOUN-T Private Public % Fee I Private I Public Site Preparation 1 1 17.15 C avina and Drainage 18.=; :ewer Collection I 1000.00 Water Distribution 33045.00 7.13 2362 .72 Sidewalks. Curbs & Gutter Street, Median cuts ("see above) ( � � cacti* , . Landscaping 7.1 .asphalt resurfacing I Q0 Clearing and Grubbing I 7.15 110T.kLS: a)i4045.00 I 2.+45.22 TOTAL public improvements from the est. cost I b} 3770 .00 - - T O T U Fee: 2 4 4 5.22 LESS fees paid: 2 4 2 5.36 * B.s L AN CE DUE: 1 9 .0 6 j "77 ES A2G ",,0N-R. EcL\,'D-L CERTIFICATE: I hereby certify that this cost is true and correct to the best of my knowledge and 'belief and represents the total site development costs for the project. !!� 1. L� _ I �� Ij E i 934 Date Project Engineer Reg. No. Public Improvement Warranty Bond from the greater of a) or b) above: Cost = 34,145.00 x-;o/ = 8,511 .25 11 Approval by the Utility Engineer: Date: r� marks: s CITY OFTAMAR.AC PERINUT AND INSPECTION FEES WATER DISTRIBUTION PROTECT „NALME: Continental Cable DEVELOPER: Butters Construction PUBLIC LNIPROVEMENTS CERTIFIED ACTUAL COST ITEM Qi1AINTITY LET UNIT PRICE 1. Water mains (incl. Fittings) =" DIP ( I L.F. 4" DIP I L.F. V DIP ! 56 L.F. I 20.00 I 1 1 20 .00 8"DIP 848 ( L.F. I 20.00 16360.00 10" DIP I I L.F. 12" DIP L.F. .dimclatL. valves & boxes ' EA. 4" I EA. 6" 3 EA. 500.00 13J0.00 8" I 3 I EA. I 550.00 1050.J0 10" 12" ( EA. 3. Fire hydrants 3 I EA. 2000.00 6000 .00 4. 2" Service lines 40 ( L.F. I 16.00 I 640 .00 5. 2" Blowoffs 1 EA. 300 .00 300.00 Tap sleeve and valve 1 EA. 3500.00 I 3 5 0 0.00 Id n ��RIQ OF TANLA.RAC RO VEMMENTS RMIIT AND INSPECTION FEES WATER DISTRIBUTION PR NIA, Continental Cable p Butters Construction PUBLIC CERTIFIED ACTUAL COST 1 7. Testing I 1 L,S, I 1 0 0 0.00 I 1 0 0 0. 00 g. Sample Points I 3 I �A. 125.00 ` 375.00 9. � I I I SL7BTOT:A.L. 33045 .00 I FEE PERCENTAGE: FEE 2362.72 0 O p l O 0 CITY OF TAMARAC PERMIT AND INSPECTION FEES 1 SEWER COLLECTION PU$LIC IMPROVEMENTS CERTIFIED ACTUAL COST PRQJECT jti Continental Cable e =LQPER: Butters Construction ITEMS QUANTITY UNIT UNIT PRICE 1. Gravity Mains 0' - 6' cut L.F. 6' - 8' cut I L.F. 8' - 10' cut L.F. 10' - 12' cut I L.F. 12' - 14' cut I L.F. 14' - 16' cut L.F. ' - 18' cut I I L.F. 8' - 20' cut ( I L.F. 2. Manholes 0' - 6' I I EA. 6' - 8' EA. 8' - 10' ( EA. 10' -12' EA. 12' - 14'.. = I EA. 147-16' I EA. 16' - 18' I I EA. 18' - 20' EA. 4 r L r L o� Tom_ vt+tr C r Rt� CITY OF TAIMARAC PERINUT AND INSPECTION FEES SEWER COLLECTION EPWIECT N4 Continental Cable DEVELOPER: Butters Construction rdl PUBLIC Il12ROVEMENTS CERTIFIED ACTUAL COST 3. Service laterals I EA. I 750 .00 I 750.00 4. Cleanouts in grass ( I EA. 2 5 0.00 I 250 .00 5. Cleanouts in pavement I I EA. 6. Pumping station I EA. 7. Pump station force main I L.F. o. I i SUBTOTAL: 1000.00 FEE PERCENTAGE: I 8.25% FEE: 32.50