HomeMy WebLinkAboutCity of Tamarac Resolution R-99-347Temp. Reso. #8847, December 1, 1999 1
CITY OF TAMARAC
RESOLUTION NO. R-99�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO REPEAL A PUBLIC
IMPROVEMENT PERFORMANCE BOND IN THE FORM
OF A SURETY BOND #B2927719 FROM UNITED PACIFIC
INSURANCE COMPANY IN THE AMOUNT OF $250,000
FOR THE PUMP STATION #33 IMPROVEMENTS TO BE
PERFORMED BY ARCHSTONE COMMUNITIES AS PART
OF THE CAMERON GARDENS PROJECT AND TO
REPEAL RESOLUTION #98-375 WHICH AUTHORIZED
THE RECONSTRUCTION OF WASTEWATER PUMP
STATION #33 BY A CONTRACTOR EMPLOYED BY
ARCHSTONE COMMUNITIES, THE DEVELOPER OF THE
CAMERON GARDENS PROJECT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it was determined that additional development in the vicinity
of the City's existing Wastewater Pump Station No. 33 would require
rehabilitation or reconstruction of the pump station; and
WHEREAS, as a condition of the Water and Sewer Developer's
Agreement (WSDA) for the project currently known as Cameron Gardens, it was
agreed that the Developer of the project would pay for the cost of the design of a
new wastewater pump station and contribute $10,000 towards the construction of
that pump station; and
Temp. Reso. #8847, December 1, 1999 2
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WHEREAS, one of the conditions of the site planning and utility permitting
process on the Project currently known as Cameron Gardens was that
Wastewater Pump Station #33 be reconstructed prior to the project receiving
Certificates of Occupancy; and
WHEREAS, in order to facilitate the reconstruction of Wastewater Pump
Station #33, an agreement was reached between the City and the Developer
(attached as "Exhibit 1 ") in November 1998, which permitted the Developer to
construct Wastewater Pump Station #33, required that a Performance Bond in
the amount of the pump station construction ($250,000) be submitted to the City,
and allowed the cost of the construction of the pump station to be reimbursed by
the City to Archstone Communities, less $10,000; and
WHEREAS, the City made some improvements to the existing
Wastewater Pump Station #33 that extended the useful life of the pump station;
and
WHEREAS, Archstone Communities obtained bids on the reconstruction
of Wastewater Pump Station #33, and Resolution #98-375 authorized the
reconstruction of Wastewater Pump Station #33 by a contractor employed by
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Temp. Reso. #8847, December 1, 1999 3
Archstone
Communities,
the Developer of the Cameron Gardens Project,
and
authorized
repayment to
Archstone Communities for the project costs
less
$10,000 for a total cost not to exceed $260,161; and
WHEREAS, it was determined that a City 54-inch stormwater line located
under the proposed site of the new Pump Station and the cost of relocating the
stormwater line necessitated the rehabilitation/reconstruction of the existing
pump station on the existing site; and
WHEREAS, there are no easements for the existing pump station site, so
easements will need to be secured prior to the reconstruction; and
WHEREAS, the acquisition of the proper easements is the responsibility of
the City and may take a significant period of time; and
WHEREAS, the City should assume the responsibility for the
rehabilitation/reconstruction of Wastewater Pump Station #33, less $10,000, and
include the construction in projects involving the rehabilitation of other
wastewater pump stations; and
WHEREAS, the Public Improvement Performance Bond (attached as
"Exhibit 2") issued by United Pacific Insurance Company #B2927719 for the
reconstruction of Wastewater Pump Station #33 should be released; and
Temp. Reso. #8847, December 1, 1999 4
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WHEREAS, it is the recommendation of the Director of Utilities that the
appropriate City Officials be authorized to release the Public Improvement
Performance Bond #132927719 from United Pacific Insurance Company and to
repeal Resolution #98-375; 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 that
the appropriate City Officials be authorized to release the Public Improvement
Performance Bond #B2927719 from United Pacific Insurance Company and to
repeal Resolution #98-375.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE 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: Upon the payment of $10,000 from Archstone
Communities for the reconstruction of Pump Station #33 as required in the Water
and Sewer Developer's Agreement, the City Manager, or his designee, is
authorized to release the Public Improvement Performance Bond in the form of a
Surety Bond #132827719 from United Pacific Insurance Company.
SECTION 3: Resolution #98-375 is hereby repealed in its entirety
by the adoption of this resolution.
Temp. Reso. #8847, December 1, 1999 5
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SECTION 4: All Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
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: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this oU—Vay ofA&4i�--,1999
ATTEST:
CAROL GOLD, C /AAE
CITY CLERK
CITY ATTORNEY
Utilities/mw:aml
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANQF
DIST 4:...COMM.
ROBERTS-
Exhibit 1
Temp. Reso. #8847
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City of Tamarac
7525 N.W. 88th Avenue. Tamarac. Florida 33121-2401
Telephone, (954) 724-1230 • Facsimile (954} 724-2454
Robert s. Igoe, it
City Manager
November 17, 1998
Mr. Bradley Miller
Managing Director
Archstone Communities
Six Peidmont Center, Sixth Floor
Atlanta, GA 30305
Re: Cameron Gatrdens/ PuSgStation #33 . a wised
Dear Mr. Miller,
en
This letter is the result of a recent conference call between you, your engineering
n9
consultant, and several of the Utilities Department staff. It Is written as a summary of
the discussion and as a memorandum of understanding between the City and the
Developer (Archstone Communities, formerly known as Security Capital Atlantic)
regarding the Cameron Gardens Project, and specifically the construction of a new
Pump Station #33.
As I understand the situation, the existinci Pump Station #33 serves the area in
which Cameron Gardens is being constructed. When the Cameron Gardens project
(formerly known as Coral Cove) was initially disrnussed,it was recognized that, due to
the age and condition of the pump station equipment, a new pump station would have to
be constructed. In the original Water and Sewer Developer's Agreement for this project,
it was agreed that the City would construct the pump station, and the Developer would
provide the design of the pump station and inspection and contribute $10,000 towards
the construction.
Subsequently, to accelerate the construction schedule of the pump station it was
agreed through a letter amendment that the Developer would construct the station and
the City would reimburse the Developer for the costs from the collected CIAO fees for
the project. As part of the discussions surrounding the development of this amendment,
it was agreed that Phase I of the development could go forward, but that Phase Il would
be predicated on the completion of the construction of Pump Station #33.
equal opportunity Employer
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Page 2
November 17, 1998
Bradley Miller
Currently, Phase I is complete, but due to a number of reasons including design
changes, the bidding processes, and the proposed costs, the pump station has not
been constructed_ The Developer is anxious to proceed with the completion
of the five buildings in Phase 11, and the City wants to ensure that the pump station will
be constructed in a timely fashion.
Therefore, a number of discussions have taken place over the last few weeks, as
well as a review of the condition of the existing pump station. On October 20, 1998, a
conference call was held between Michael Ging of Archstone Communities, Joe Kieth,
Consulting Engineer and three Tamarac Utilities Staff Members: Tony Rabbat, Scott
London and Michael Woika.
In the conference call, it was confirmed that the capacity of the existing pump
station is not currently a factor in determining if F'hase 11 should be allowed to go
forward; the existing pump station has more than enough capacity to handle the flows
from the proposed construction. However, it way; also confirmed that although a back-
up pump is available at the Utilities Building, the pump station is currently operating on a
single pump, and cycling frequently. Further. it was confirmed that the base anchor
mounts for the second pump are not secure in the concrete base_
The conference call also confirmed that Archstone Communities is still committed
to building the pump station, but would like to proceed with the completion and obtaining
certificates of occupancy for the five buildings in Phase II at the same time as the
construction proceeds on Pump Station #33.
it was recognized that the Developer has already paid the City all CIAC fees for
the both phases of the project. Therefore the fo lowing understanding was reached
between the City and the Developer regarding the Phase II construction of Cameron
Gardens and the construction of Pump Station *33:
The Utilities Engineer will meet with Joe ICeith In the next few days to finalize the
pump station design. Joe Keith will makes all resulting changes in the design
plans and specifications_
2. Based on the new design documents, the. Developer will obtain new bids for the
pump station construction. It was agread that the cost of ContraVest, the general
contractor on the site, would not be part of the construction cost to be repaid by
the City.
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November 17, 1998
Bradiey Miller
3. Joe Keith will contact the DNRP on any pump station design changes, and
attempt to receive an administrative chantle to the existing permit.
4. A performance bond for the full amount of the pump station construction will be
required by the City. This bond can be supplied by the contractor awarded the
pump station construction, or by Archstone Communities prior to the contractor
being selected. If Archstone Communities elects to supply the bond, the bond
amount will be$250,000.
5. To ensure that the Developer continues the process of constructing the pump
station, the Certificates of Occupancy (C.(].$) for the buildings in Phase 11 will be
issued when certain pump station construction events are reached:
a. The Utilities Department will approve the C.D.s on two buildings after the
Developer concurrence to this memorandum of understanding.
b. The Utilities Department will approve the C.O.s on two buildings after the
performance bond is submitted-
C
. The Utilities Department will approve the C.O. on the last building when
the bids for the pump station are received,
d. The Utilities Department will approve the C.O.s of the garage structures
for Phase II as completed, since the completion of these structures does
not impact the wastewater flow to ':he pump station.
The City will complete some remediation of the existing pump station including
the installation of a steel base plate to facilitate operation of the existing pump station in
the interim period_ This will be at no cost to the Developer.
It is understood that this agreement is based on a number of assumptions
regarding the condition and capacity of the existng pump station. Should the daily peak
flow at the existing pump station exceed 210 gpm on three occasions, or should the
structural or mechanical integrity of the existing pumps station be significantly
compromised, upon notice from the City, Archsl:one Communities agrees not to rent or
occupy any additional units, including units in buildings previously issued C.O.s.
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November 17, 1998
Bradley Miller
Upon completion of the Pump Station #33 improvements, the City will release
any performance bond issued by Archstone Communities. Further, upon completion of
the Pump Station #33, Archstone Communities will be considered to have fulfilled all
obligations under this agreement and Archstone Communities will therefore be released
from any obligations or restrictions contained within this agreement.
If this letter properly restates the understanding reached .in your recent
conference call, please sign it and return it to me.
Sincerely,
Robert S. Noe, Jr.
cc: Michael Woika, Utilities birector
Paul Goia, Building Official
Tony Rabbat, Utilities Engineer
Scott London, Operations Manager
AGREED AND CONCURRED WITH BY:
Arc time C muniti
Bra e� Miler Date 'Q
Managing Dire e L( I
1' I 1 V
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Exhibit 2
Temp. Res►. #8847
SCGRorm
Incorporated
November 23, 1998
Via Overnight i1
City of Tamarac - Utilities Department
Attn: Mr. Kurt Schoenfelder
6001 Nob Hill Road
Tamarac, FL 33321
RE: Archstone Communities Trust
Cameron Gardens - Performance Bond No. B2927719
Dear Mr. Schoenfelder:
Enclosed is the above captioned bond in the amount of $250,000.00 for pump station
improvements at property located at 8090 NW 96th Terrace, Tamarac, FL 33321. If you have
any questions, please call me at (915) 877-5966.
Enclosure
Sincerely,
Elodia D. Duarte
Risk Management
7777 Market Center Avenue -El Paso, Texas 79912-8412 • (915) 877-3900
_._.i - r .......w.: Y� mLS1 ..4 .�i]��^ w " r i i ►:rr _ riC' Zr% 'ri'Tf - .
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
0 POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Renee A. Folkerts, Sandra L. Ham., of St. Louis, Missouri their true and lawful Attorneys) -in -Fact, to make, execute, seal
and deliver for and on their behalf, and as their act and deed any and ale bonds and undertakings of suretyship and to bind the Companies 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 Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said
Attorneylsl-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board. any Senior Vice President, any Vim President: a Aaaistam, V' - I flydr other olliew msgnc. �J by n:. Board c
Directors shall have power and authority to Is) appoint Anornsylal•in-Fact and to suldwire own to axewrts an beftMf of the Compow. belle and undertakings, recognirances, contracts of ndemmty
and other writings obligatory in the nature thereof, and (b) to remove any such Attomavle)."act at any [line and revoke the powe and authority given to them.
2. Attornay(s)-in-Fact shall haw power and suthorty, nubie t to this terms and limitations of fen Pose of Attorney issued to Own. to execute tNFve► on behalf of the Company. bads
and undertakings, recognizancee. contracts of indemnity ell other writings obligstory in this nature thereof. The corporate anal is not heceeserY for the validity at any bonds and undertakings,
recogncrariees. contracts of indemnity and other writings obligatory in the nature owed.
3. Attornsyls)-irf•Fact shall have power and authority to execute affidavits required to be attached to bonds, recogrizsnge, Wmracta of irdermty or other conditional a obligatory
urdertakigs and they shall also have power and authority to certify the financial rtatearxim of fie Company and to copies of the Bir-Laws of the Company or any article or section threw.
This Power of Attorney is signed and sealed by facsimile under and by authority at the following resolution adopted by the Executive Wd Finance Commttees of the Boards of Directors of Reliance
insurance Company, United Pacific insurance Company and Reliance Notarial Indet " Compels by Unanimous Conseil dated as of Febnery, 28, 1994 rd by 11e Executive ens Finewat
Committee of the Board of Directors of Reliance Surety Company by Unanimous Conssm dated as of March 31. 1994.
"Resolved that the sgnstures of such directors and officers end the Nor of tie Company may be affixed to any such Power of Attorney or any certificates relating therato by
faCamils.and any such Power of Attorney, or certificate baring such facsimile signatures or facsimile seal sheen be valid and binding upon this Company ad any such Power ad
executed and certified by facsimile spneWres and fafsimila and shall be valid and binding upon the Company, in trig future with respect to any bad or urdertalurg to which it is
attached.'
WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1&, 998
A r O �� hatrss",
4' d�'jOA4r�O*� n�4
`5ZAL = SEAL
�FIAWAP A•r."..,.
STATE OF Pennsylvania
COUNTY OF Philadelphia ss.
eve ire
Ile
Ti M 419S•
Will, �` •.• F+
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
'n " _'.'J ? vTYl_
On this, February 1, 1998, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, beinliq authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
Notarial Seal w
Valencia Wortham, Notary Public OFVT
w
Philadelphia, Philadelphia County
My Commission Expires Nov. 18. 20M "' Notary Public iand for the State of Pennsylvania
Residing at Philadelphia
I, Anita ilppert, Secretary of RELIANCE SURETY COMPANY, RELIANCE. INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power. of Attomey
executed by said Companies, which is still in full force and affect. �., ►, ? f
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of �lnmhes: '19 �$,• '
op rb
SIdL ocz.7,"',
Secretary�-eO+�/4
RMANCE BOND Bond B2927719
KNOW ALL BY THESE PRESENTS, That we, Archstone Communities Trust
(hereinafter called the Principal), as Principal, and United Pacific Insurance Company _ , a corporation
duly organized under the laws of the State of Ppnnsylvania (hereinafter called the Surety), as Surety, are held and firmly
bound unto City of Tamarac
, (hereinafter called the Obligee),
in the sum of Two Hundred Fifty Thousand and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
---`----------------------($-250,000.-00 ---- - - - - -)Dollars,for -the -payment-ofwhich- sum-weHandt►uly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
Signed and sealed this 18th day of
November
WHEREAS, said Principal has entered into a written Contract with said Obligee, dated
1998 .
for Pump Station Improvements at property located at 8090 NW 96th Terrace, Tamarac, Florida 33321
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth
herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and
truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part
of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced
within two (2) years following the date on which Principal ceased work on said Contract.
Archstone Communities Trust
COUNTERSIGNATURE: Principal
By14/
0 A -A )L- '� L'4 Rick cobsen, Vice President
Teresita A. Love
Florida Licensed Resident Agent United Pacif c Insurance Company
546-43-4414
By
Sandra L. Ham Attorney -in -Fact
S-0757/GEEF 7/96
C�
State of Texas
County of E1 Paso
NOTARY ACKNOWLEDGEMENT
FOR PRINCIPAL
This Bond No. B2927719 was acknowledged before me on _ November 23. I M
by Rick Jacobsg , as Vice President.
WUqIADELQDUPOW
NMAW PU
v� hudforMr81d�
r�pMr
0
Notary Public's - nature
.r•-1 W"rT•E{.r•1j��-�.��
FOR SURETY
0 State of Missouri
CIty of St. Louis
County
On the 18th day of November 19 98 before
me personally appeared Sandra L. Ham
to me known, who being by me duly sworn, did depose and say the he/she is an
attorney In fact for United Pacific_ Insurance.Com2anr.
and that he/she did execute the bond attached
hereto and that he/she acknowledged to me that he/she executed the same as and
for the act and deed of said firm.
M 1� 'N K. GARMER
NOVYPU!C ST�,iE Gf r�iSSGURI�iE�iS CC1itJTY
MY CON &P-PIES AUG. 21, 2000
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IMPORTANT BOND/POLICY INFORMATION
STATE OF AUSSOURI
If you have questions or need information regarding your Bond/Policy, please contact
your Reliance Surety Company, United Pacific Insurance Company, Reliance Insurance
Company, Reliance National Indemnity Company insurance agent
If you are unable to contact or obtain information from your agent, contact your company
at the following address:
BD-1189
RELIANCE SURETY COMPANY
UNITEID PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
Three Parkway
Philadelphia, PA I9102-1376
Telephone: 2154644000