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
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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
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N. W. 67th ST.
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PARCEL B
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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
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L
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L
o� Tom_
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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