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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-0211 Temp. Reso.#8096 December 26, 1997 1 CITY OF TAMARAC RESOLUTION NO. R-98-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PUBLIC IMPROVEMENT WARRANTY BOND IN THE FORM OF A SURETY BOND #X05333 FROM PREFERRED NATIONAL INSURANCE COMPANY IN THE AMOUNT OF $65,500 FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS INSTALLED BY LASER ENGINEERING, INC., FOR THE ARCH ALUMINUM & GLASS COMPANY PROJECT LOCATED ON THE SOUTHEAST CORNER OF NW 677H STREET AND PROPOSED HATUS ROAD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Laser Engineering, Inc., has constructed the Arch Aluminum & Glass Company Project Water Distribution System Improvements in accordance with the Site Plan approved by the City Commission on September 13, 1995; and WHEREAS, the Water and Sewer Developer's Agreement accepted and executed by the City of Tamarac on December 26, 1995, required Laser Engineering, Inc., to provide a Warranty Bond to the City of Tamarac for the Arch Aluminum & Glass Company Project Water Distribution System Improvements located on the southeast corner of NW 67' Street and proposed Hiatus Road (attached hereto in map form as "Exhibit 1"); and Temp. Reso.#8096 December 26, 1997 2 WHEREAS, the Performance Bond was left in place to serve as the Warranty Band; and WHEREAS, the Improvements were inspected, approved and are recommended for City ownership by the Utilities Engineering Division; and WHEREAS, Laser Engineering, Inc., has requested the release of a Public Improvements Warranty Bond in the form of a surety bond #X05333 from Preferred National Insurance Company in the amount of $65,500 (attached hereto as "Exhibit 2") for the Water Distribution System Improvements installed for the Arch Aluminum & Glass Company Project; and WHEREAS, it is the recommendation of the Director of Utilities that the Public Improvement Warranty Bond be released for the Arch Aluminum & Glass Company Project Water Distribution 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 Warranty Bond in the form of a surety bond #X05333 from Preferred National Insurance Company in the amount of $65,500 from Laser Engineering, Inc., for the Arch Aluminum & Glass Company Project Water Distribution Temp. Reso.#8096 December 26, 1997 3 System Improvements. 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: That the appropriate City Officials are hereby authorized to release the one-year Public Improvement Warranty Bond, for the Water Distribution System Improvements in the amount of $65,500 for the Arch Aluminum & Glass Company Project located on the southeast corner of NW 67th Street and proposed Hiatus Road in accordance with Section 10-156 of the City Code, SECTION 3: That the City Clerk is hereby authorized and directed to release to the Utilities Department for return to Laser Engineering, Inc., the Warranty Bond for the Arch Aluminum & Glass Company Project. The bond is in the form of a surety bond #X05333 from Preferred National Insurance Company in the amount of $65,500 for the Water Distribution System Improvements, SECTION 4: All resolutions or parts of resolutions in conflict herewith are 1 1 Temp. Reso.#8096 December 26, 1997 4 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. Lli !!rmi 9 r l N r-i passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , ATTEST: PATRICIA MARCURIO, CMC ASSISTANT CITY CLERK I HEREB CERTIFY that I have approv d t ii RESOLUTION;* OLUTION� to for TR/dav/aml ITCHEL�lS. K CITY ATTORl' JOE SCHREIBER MAYOR RECORD OF COMM MAYOR SCHREIBER DIST is COMM. MOKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTAN( DIST 4: COMM. ROBERT! VOTE IL EXHIBIT' I • �J • TEMP. RESO.# 8096 Mc_NAB R.D, TEE PLAT J & J PLAT TAMARAC z MARKET PLACE 0 Z...... .......... ....... ........................ a TAMARAC 1299 c� LAND TRUST L©VESHAW I.T,W, MIMA PLAT 14,W. 67th m a w o Ann CONTINENTAL `A{ UktlNuiK ':'' CABLE 0 SITE LOCATION Q p LY PUBLIC J \\\ COMPLEXS = Q STREET J � J (n U Li z Q- WLSTP�RT Q ¢ C1 0. N rPllllPllSJ,TATE p U 0 a ¢ iz i co � r � Z CJ EMMEPCIAI_ LVL. ARCH ALUMINUM AND GLASS COMPANY WARRANTY BOND RELEASE ARCHALURDWC i r-_. EXHIBIT 2 Temp. Reso.#8096 VEMENT PERF IM B -— BON© NO: X03333 KNOW ALL MEN BY THESE PRESENTS: That LA having an address of as Pr_nc;a_s, and na % g Gn i Cij_T. wi a _on,7 7- Gnd herezcfc: e -aMS Q_ � .e .``. .. `.L�. v� _ _..-_..... _�!= _. ..��_ � _•_.. v. w..w�.7 _v-. .J� .r �v-_ corpor.t_tn 7� ran SaCt �LS_�:esS =n- ne� ry and .._^,il_ j b�JLnC 4'� e a - add.:es o_ ; 523 Nc_ _or_da, 33 S -X7 Dollars _- - ia (s c3, 500 . CO-^ -^--- ...aw=�_ :m n � �- - .. _ C�.� � �.i Of America, ror wh,ch and - _ sum we y t pa, d to or Tamarac, t_.e and _tee sa_d Surety do ._e^ r �.wnd them5�lVeS, L,e�_ .,. �Y• - _- _ or aSS_gn5 respectz-re case ma;. O@, ]c.,�1V and se'Tera^ L_rmI b;i these pr�SentS- WHEREAS, the sazd Pr_L:c pai • ^s re rid c� w^ to' tu,n_sh a 2erfor:nance Bond to guarantee the _nsta'latzon c` pub - improvements as ^ndicated cn "_^e Cer__tzed Estimated Cost (Exhibit "A" attached) and on clans prepare+ by p ARCHrTZL�.E...,�� d an approved by the Utz'__= es Dzrector Of his designee on = �m�T, _ for A.?.0 the PrOj�Ct and to comply with iequ;rements of Tamarac City Code Section 10- 156. 950814 i SURETY r� L The Citv is authorized to draw drafts at sight accompanied by a signed statement for the City of Tamarac or its authorized representative that: I. The drawing is due to 1ASER =a-_ure to construe:;e publ_c _:nprovements 2. That the developer's obl_gat_cns have not beer oomp'_eted and. _.. C_oy �Zz Tamarac has been th at :-e '-Cnd :v_'_- ::c- be 3. Thaz a Narra. cone �_ _� recur _ C� y Ccde n'as r:c - ;teen rov_ded . Th_s shal, be automat ca1 we - rer:e d _ _success_;e per_ods of cr.e (1) year each unless sa — Surety and/or ne said ?r_nc;cal prow -de w�__t n -pr_Ce o r C- .� C_ .4 v_� registered ma41 0-z tne;_ to ter l_ _t the CreG� ere ... t extended, wh_ch notwce r„ust oe prcv;.ded '_e Prior to the exp_rat_cn as:e o_ try <,;_g_na_ per.;, tile (J) ;/tea_ Lcr':C of u ;'-SS 7.^.e o_ :t ors gznal "etter OL Cred-- - together ',i---h t. a n - - n be terv,;nated. This bond sha'1 remain in fu'_, ;once until imprpvements have been accepted by the City Commission and replaced by a warranty 5or.d as required by City Code'Section 10-13-6. 950814 2 SURETY • • IF QjT\tiSS ?;HEREOF, the above bounder. partics nave e�P.ceted th?ic instrument by affixi.rng their GorPorate na_f"es and Seals hereto and causing the'jz autj?:or'zed representatives to sign theae oresents, pursuant. to the auZ.roriCy of their governing bodies on this 29_rh clay of J,- uary .. ._„ _ QQ SrG�'0 AN0 SEALED IN THE PRESENCE. OE. to Pr'incik.al ) LASER FNG�VcB��VG,.ZNC Gary Bal, Presidenc Attested by PREFERRED NATIONAL LNSULkNC COM2.k�Y (Title) 41(1 1 (Tzt1e) for ureti.•M I CHAEL BONET Licensed Florida Res ez c: t aai; ACtorney-in--Fact L ��� Attested V Secretary (Ti.tie) NOTE: The respective corTorate seals should be affixed: Approved as to Fotm Approved as to Content City Attorney 41D I jW 3 Utilities Director S UR.ET Y RIDER ADDING ADDITIONAL_ I _ IGBE 0- • To be attached to and form a part of Sub Division Bond Number 05333 dated the 24th day of January 19g6 issued by preferred National insurance Compan�s Surety, on behalf of Laser En ineerin Inc . as Principal, on the contract for Arch A l um i num G 1 ass Facility in favor of CiCY of Tamarac oC E.owar_: County Obligee. as WHEnEAS, upon the request or the Principal and the Oblicee the attached Eond is hereby amended by 3ddlr.c 3u t =e rs Construction & Development, Inc. in its capacity as General Contractor as an Additional Obligee. PROVIDED, 'HOWEVER, that there shall be no liability 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 L-e 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 713.01(16) and 71 3, which provisions are incorporated herein by reference. In the event of a conflict between the provisions of said Section(s) and those contained in the Bond, the aforementioned Section(s) 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 24th day of January , 1996 ACCEPTED: LASER ENGINEERING INC. Principal By aL PREFERRED NATIONAL INSURANCE COMI'L\TY Surety By: �1f�:1,��ictU, _ �� P� M I CHAEL BONET, Attorney•in-Fact and Licensed Florida Resident Agent CITY C: TAMARAC OF BROWARD COUNTY Cbligee Preferr cd National Insurance Company Coral Springs, Florida POWER OF ATTORNEY dl �Kzn ?9U 114E5r �Jrzse T s: 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 Attomeys-in-r=act, and to authorize them to execute on behalf of the Company, and attach the seal of 'he 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 authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and 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 fixed. Does hereby nominate, constitute and appoint Franklin E. Wheeler, Michael Bonet and Jahn U. Harrold its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bands, undertakings and contracts of suretyship in the amount not to exceed: Five Hundred Thousand Dollars (S500,000) Preferred National Insurance Comoany, as fully and amoly, to ail intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of :he Company at its office in Coral Springs, F?onda, in their own oroper persons. The said Secretary does nereby certify that the aforegeing 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 suoscribed their names and affixed the Corporation seal of the said Preferred National Insurance Company, this 17th day of November, 1993.. ATTEST: Secretary / STATE OF FLORIDA CITY OF CORAL SPRINGS Preferred National Insurance Company By. �reslden[ On this 17th day of November, A.D., 1993, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and 'being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the proceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to 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, at the City -of Coral Springs, the day and year first above written. ,j, r PU9 OFFICIAL NOTARY SEAL MARC REQEN COMMISSION NUMBER c CC 144201 '- MY COMMISSION �F F.'a OCT. 11.1995 CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of 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 further 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 Certificate may be signed by facsimile under and by. authority of the, following resolution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 8th day of -September, 1969.' &solved, Article XI. Section 2. "that the facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore Or e,eafter, wherever appearing upon a certified cop)E"O 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 TESTIMONY WHEREOF, I have hereunto subecrlbed.mipname avid afrixed:,ihe Corporate Seal of the said Company, this. .,......,2 ,t.h....... day of J.....?.ua r.y.......................... . 19.. �..... Secretary PNI-PA•101 (11/99) 1 o R , a Z CITY OF TAIMAR4.0 UTILITIES CERTIFIED ACTUAL COST PRQJFCT_NAME: ARCH ALUMINUM D - _ BUTTERS CONSTRUCTION T rfely.Mwelewl Site Preparation Paving and Drainage Sewer -Collection Water Distribution Sidewalks, Curbs &; Gutter Street, Median cuts (see above) Landscaping Asphalt resurfacing 2.00 Clearing and Grubbing 7.15 TOTALS: 65,500 a) TOTAL public improvements from the est. cost I b) G„ b, 683.25 * TOTAL Fee: 14,633.25 LESS fees paid: 4,349.35 * BALANCE DUE: 339.9 0 *FEES ARE NON-REFUNDABLE 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 projec 31 952 Date ject Public Improvement Warranty Bond from the greater of a) or b) above: Reg. No. Cost 65,500 X25%= 1 6, 375 . Approval by the Utility Engineer: Date: Cc v�� Remarks: CITY OFTAMAARAC PUBLIC IMPROVEMENTS PERMIT AND INSPECTION FEES CERTIFIED ACTUAL COST WATER DISTRIBUTION PROJECT NAME: ARCH ALUMINUM DEVELOPER: BUTTERS CONSTRUCTION ITEM QUANTITY UNIT UNIT PRICE 1. Water mains (incl. Fittings) 2" DIP L.F. 4" DIP I L.F. 6"DIP 200 L.F. I 14.00 12,800 8" DIP 1 , 910 L.F. ( 16.50 131 515 10" DIP L.F. 12" DIP L.F. * 2. Gate valves & boxes • 2" EA. 4" EA. 6" 1 EA. 8" I EA. 10" EA. 12" EA. 3. Fire hydrants EA. 10,500 4. 2" Service lines L.F. 5. 2" Blowoffs 3 EA. 300 G. Tap sleeve and valve EA. 2 9� �QR%Pf OCITY OF TAMARAC IMPROVEMENTS PERMIT AND INSPECTION FEES WATER DISTRIBUTION • • PROJECT ARCH ALUMINUM -DEVELQp MUTTERS CONSTRUCTION PUBLIC CERTIFIED ACTUAL COST 7. Testing 1 L.S. 1, 500 11, 5 0 0 8•2" Meter Service 1 EA 2,000 2,000 9.8" DBL Detector K I 1 EA 11,33511 -335 10. Tie into Existina 2 I EA I 1 000 2,000 -77 1 1 --1 SUBTOTAL: 65,500 7.15% FEE PERCENTAGE: 7.15% FEE 4,683.25 rI r� CITY OF TAMARAC PERMIT AND INSPECTION FEES SEWER COLLECTION PUBLIC IMPROVEMENTS CERTIFIED ACTUAL COST PRO_J_ECT NAME:_ _ _ ARCH ALUMINUM D BUTTERS CONSTRUCTION ITEM 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 L.F. 1.4' - 16' cut L.F. 16' - 18' cut L.F. 18' - 20' cut I L.F. 2. Manholes 0' - 6' EA. 6' - 8' EA. 8' -10' EA. 10' -12' EA. 12'-14' EA. 14'-16' EA. 16' -18' EA. 18' - 20' EA. 4 • OF rya. �pRtO CITY OF TAMARAC PERMIT AND INSPECTION FEES SEWER COLLECTION NA ARCH ALUMINUM P BUTTERS CONSTRUCTION PUBLIC IMPROVEMENTS CERTIFIED ACTUAL COST 3. Service laterals EA. 4. Cleanouts in grass EA. 5. Cleanouts in pavement EA. 6. Pumping station EA. 7. Pump station force main L.F. 8. 9. 10. SUBTOTAL: 133109200:10)DIUCE" f 0 1 FEE: 8.25%