HomeMy WebLinkAboutCity of Tamarac Resolution R-95-098Temp. Reso. #7023
Revision#1-4/5/95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95- 7 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO RELEASE THE 10%
RETAINAGE AMOUNT OF $9,617.41 TO CENTRAL
FLORIDA LANDSCAPING OF TAMPA, INC., AND RELEASE
PERFORMANCE BOND NO. 028000527 FROM AMWEST
SURETY INSURANCE COMPANY OF TAMPA FOR
$105,791.52 UPON RECEIPT OF A WARRANTY BOND FOR
$24,043,53, FOR THE NOB HILL ROAD MEDIAN
BEAUTIFICATION, PROJECT, BETWEEN COMMERCIAL
BLVD, AND THE PUBLIC SERVICES ADMINISTRATION
COMPLEX; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Central Florida Landscaping of Tampa, Inc. has completed median
improvements on Nob Hill Road, Project A, for a contract amount of $96,174.11, for which
a 10% retainage amount of $9,617.41 was held by the City per contract requirements, and
WHEREAS, Central Florida Landscaping of Tampa, Inc., as Principal, with Amwest
Surety Company, as Surety, has filed with the City Performance Bond #028000527 in the
amount of $105,791.52 to guarantee installation of median beautification improvements
on Nob Hill Road, Project A, between Commercial Boulevard and the Public Services
Administration Complex, and
WHEREAS, the facilities have been inspected and found acceptable by the Public
Works Department and the Broward County Engineering Division, and
WHEREAS, it is the recommendation of the Public Works Director and the City
Engineer that the 10% retainage amount of $9,617.41, as well as the Performance Bond
No.028000527 be released to Central Florida Landscaping of Tampa, Inc., subject to
receipt of a Warranty Bond in the amount of $24,043.53 per the requirements of City Code
Section 10-156, and
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 the 10%
retainage amount of $9,617.41 and the Performance Bond #028000527 in the amount of
$105,791.52 posted for median beautification improvements, subject to receipt of a
Warranty Bond in the amount of $24,043.53.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
de
Temp. Reso 7023
Revision #1-4/5/95
SECTION 1: That the 10% retainage amount of $9,617.41 is HEREBY
RELEASED; and Performance Bond No.028000527 posted by Central Florida
Landscaping of Tampa, Inc., as Principal, with Amwest Surety Insurance Company, as
Surety, in the amount of $105,791.52 posted for median beautification on Nob Hill Road,
Project A, between Commercial Boulevard and the Public Services Administration
Complex, is HEREBY RELEASED, subject to receipt of a Warranty Bond in the amount of
$24,043.53 per the requirements of City Code Section 10-156.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
this Resolution to release the 10% retainage amount of $9,617.41 and Performance Bond
No.028000527 in the amount of $105,791.52 posted for median beautification
improvements, subject to receipt of Warranty Bond in the amount of $24,043.53, 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 Zday o, 1995.
1l •
ATTEST:
CAROL A. EVANS, CMCW
CITY CLERK
I EBY CERTIFY that ave
ppr ved this Resoluti as RECORD OF COMP
to fo MAYOR ABRAMONTZ
DIST. 1: V / M KATz
DIST. 2: COMM. MISHKIN
MITCHEL S. T DIST. 3: COMM. SCHREIBER
CITY ATTORNEY DIST. 4: COMM. MACHEK
a-011z
GES:mf
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"EXHIBIT 1"
t " " PUBLIC CONSTRUCTION BOND _
t ti s � • `' s 'wax a `'r `Amwest Surety Insurance Company
Bond # 028000527
BY THIS BOND, we, Central Florida Landscaping of Tampa, Inc., 6109 Orient
Road, Tampa FL 33610, as Principal, and Amwest Surety Insurance Company,
One Urban Center, 4830 W Kennedy Blvd #540, Tampa FL 33609, as Surety, are
bound to The City of Tamarac, 7525 NW 88th Ave, Tamarac FL 33321-2401 and
Broward County Board of County Commissioners, P O Box 14668, Ft Lauderdale
FL 33002, jointly as Co -guarantors, hereinafter called Owner, in the sum of
one hundred five thousand seven hundred ninety one dollars and fifty two
cents ($105,791.52) for payment of which we bind ourselves, our heirs,
personal representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if the Principal:
1) Performs the contract dated August 11th, 1993, 1993 between Principal and
OWNER for construction of Nob Hill Road Median Project - Bid No. 93-06, the
contract being made a part of this bond by reference, ato times and in the
manner prescribed in the contract; and
2) Promptly makes payment to all claimants, as defined in Section 255.05 (1),
Florida Statutes, as amended, supplying Principal with labor, materials or
supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the contract; and
3) Pays owner all losses, damages, expenses, costs and attorney's fees,
including appellate proceedings, that Owner sustains because of a default by
Principal under the contract; and
4D4) Performs the guarantee of all work and materials furnished under the
contract for the time specified in the contract, then this bond is void;
otherwise it remains in full force.
Any suit under this bond must be instituted before the expiration of one (1)
year from date on which final payment under the contract falls due.
Any changes in or under the contract documents and compliance or
noncompliance with any formalities connected with the contract or the changes
does not affect Surety's obligation under this bond.
Signed, sealed, and dated this 14th day of September, 1993
central, --Florida Landscapina of
Tam a c:
(Pr'
Charles M. 11older, President
SECTION 255.05 FLA PUBLIC
STATUTORY BOND
Amwest Surety -Insurance Company
(Suret )
Attorne In Fa t ATRICIA S. DANIELS
.�.
Jo fi _R,.:4Um*/-b3-vensed Resident Agent
Davis Baldwin, Inc. 55.21 W Cypress Tampa FL 33607
(813) 287-1936 Tampa ** (813) 275-4844 Ft Myers
ENs
BOND NUMBER POWER NUMBER NQ T If A L I D F q R BOND
028000527 0002106185 EXECUTED ,ON OR AFT
This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid.
This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be
used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may
be made by any person. This Power of Attorney is governed by the laws of the State of California, Any power of attorney
used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect.
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety insurance Company, a California
corporation (the "Company"), does hereby make, constitute . and appoint:
PATRICIA S.—DANIELS
AS AN (EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY
its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety,
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances .orother written obligations in the nature thereof as follows:
i _ Bid Bonds up. :to $**1,000,000.00 ~
Contract (Performance & Payment), Court, Subdivision$#*1,000,000.
® License & .Permit Bands $**1, 000,000.00
n Misceilaneous:-_Bands up to $r*10000,000.00
Smalt 8u;;in'e'ss Administration Guaranteed Bonds Up- .to..$*#1,250,000.
and to bind the Company thereby. This appointment is made under and by authority of the -By -Laws of the
x Company, which are now in full force and effect.
CERTIFICATE
L the' undersigned secretary of Amwest Surety Insurance Company; a, California corporation,
DO HEREBY.'CERTIFY that this Power of Attorney remains in full force and effect and. has not been revoked
and furthermore, that the .resolutions of the Board of Directors set forth on the reverse, and that the relevant
w -
provisions of the By-laws of the Company, are now in full force and effect.
Signed and sealed at TAMPA, FLORIDA this 1.4TH day of SEPT EMBER 19 93
® _ 0000210612 - 85
Q" ® Karen G. Cohen, Secretary d
tc- `�
Resolutions of the Board cif Directors r ,....
This Power of Attorney is signed arul scaled by facsimile under and by the cnuh,?rity of the follo�\ino resolutions adopt<•:_l by G"
Board of Directors of Amwest 5ulcty fnSt.uarlce. Company at a i cc'ting dilly lic.1d till T�cccllnbcr 15, 19 5:
RESOLVED, that the President or any Vice I'residenl, in corljunctiort with the secretary or am, Assistant `ccretar•y,
may appoint attorneys -irl-fact or agents with authority as defined or iirinited in tllc instrurincnt cviderlcin;ry the appointment
in each case, for and on behalf of the Company, to exccutc and cicliN-cr aitd affix the seal of the Company to honds,
undertakings, reco€nizances, and suretyship obligations of all kinds; and said officcis may rcnunc. arty such attorrlc} itl
tact or agent and revolve any power of attorney previou;,l\• grantccl to such per orl.
RESOLVED FURTHER, that any bond, undcrtaking, recognizance, 01• surct ship oblil,atinn shall be valid and binding
upon the Company:
(i) when signed by the President or any Vice PICSidMt and attcstcd and scaled (if a seal be rcclulrcd) by ;ln)
Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or ,Vsislallt Secretary, anti countersigned
and sealed (if a seal be required) by a duly authorized attorney -ill fact or agent; or
(iii) when duly executed and sealed (if a seal be rcquircd) by olio or more attorneys -in -fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued b)• the Company to
such person or persons.
RESOLVED FURTHER., that the signature of tarty autheri-cd officer and the seal of the Company may be affixed by
facsimile to any power of attorney or certificai ion 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 affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused thcsc presents to be signed by its proper officers, and
its corporate seal to be hereunto affixed this i st day of I]cccmber, 19go.
`ccttmitiwru,,i
=� ��MAY r o•••:o
1W) .mob
cq[ lFOPNN
STATE OF CALIFORNIA, COUNTY OF LOS ANGELE•S
John F. 5a1nn;, rcacient I;:ucn (;. Cuh�n, �rcrruny
On this I.st clay of Decennber, 1990, personally came before me -john E. Savage and Karen G. Cohen, to me knowrl to be the
individuals and officers of Annvcst Surety Insurance Company, who executed the above instrument, and they have acknowlccigcd the
execution of the same, and heir g by me duly sworn, did severaliy depose and say that they arc the said officer; of the corpon.itinn aforesaid
and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their sigrlatures as such
officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
OFFICIAL SEAL
ANA B. ZAMUDIO-SOUS
Notay ColfOrnla
PMIr— PAL IN
LOOS ANGELES COUNTY
W ComnlhiWvrl EpUp
Octobor 22, 1993
\I.1 � nuJ���-���lis. �c•tar� Pub!�c
rye,.. weer• ��6vG,aabwd ^end'-vv.vd• dm � m RestrictioIls and EndorsenientS
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