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HomeMy WebLinkAboutReso 2014-2292RESOLUTION NO. 2014---t ;?, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 14- 07-03 AND APPROVING AN AGREEMENT WITH TROPIC FENCE, INC. FOR THE FABRICATION AND INSTALLATION OF CUSTOM GATES FOR THE ARLEN HOUSE STREETSCAPE PROJECT, IN AN AMOUNT NOT TO EXCEED THIRTY -EIGHT THOUSAND EIGHT HUNDRED THIRTY - EIGHT DOLLARS AND NINETY -FIVE CENTS ($38,838.95); AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City was in need of a gate system at the Arlen House for the Arlen House Streetscape Project; and WHEREAS, the City issued and advertised Bid No. 14- 07 -03, for the Arlen House Gates, for which one (1) response was received from Tropic Fence Inc.; and WHEREAS, Tropic Fence Inc. has expressed the ability and desire to furnish and install custom gates for Arlen House as part of the Streetscape Project; and WHEREAS, the City wishes to award Bid No. 14 -07 -03 to and enter into an agreement with Tropic Fence Inc. to furnish and install custom gates for Arlen House, in an amount not to exceed Thirty -Eight Thousand Eight Hundred Thirty -Eight Dollars and Ninety -Five Cents ($38,838.95), attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 14 -07 -03 to and enters into an Agreement with Tropic Fence, Inc. to furnish and install custom gates for Arlen House, in an amount not to exceed Thirty -Eight Thousand Eight Hundred Thirty -Eight Dollars and Ninety -Five Cents ($38,838.95), attached hereto as Exhibit "A ". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. 82014- Tropic Fence Inc Arlen House Gates Page 1 of 2 Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day of September 2014. Orman S. Edelcup, Mayor ATTEST: C-�' I A_�� Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGAL-$UUlCIENCY: City"Attorney Moved by: V tCe �ii�d.uo ✓l —�o►�l Seconded by: Vote: S -b Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion V"' (Yes) (No) Commissioner Gatto L'(Yes) (No) Commissioner Levin I/ (Yes) (No) Commissioner Scholl (Yes) (No) 82014- Tropic Fence Inc Arlen House Gates Page 2 of 2 yVMNY StF - AGREEMENT BETWEEN THE CITY OF sFC; F a''MQy, SUNNY ISLES BEACH AND TROPIC FENCE, INC. CONTRACT NO. C1314-078 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this le- day of September, 2014, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and TROPIC FENCE, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. 4 is S1. Zfo`f Z°j2y RECITALS WHEREAS, in response to the City's Invitation to Bid No. 14- 07 -03, Contractor was selected to furnish and install custom gates for Arlen House ("Services "); and WHEREAS, Contractor has expressed the ability and desire to provide these Services, as more particularly described in Attachment "A ", a copy of which is attached hereto; and WHEREAS, the City desires to contract with Contractor to provide the Services in a total amount not to exceed Thirty Eight Thousand Eight Hundred Thirty Eight Dollars and Ninety Five Cents ($38,838.95). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall perform all Services required pursuant to this Agreement in the manner and according to the professional standards normally observed by a practitioner of the profession in which Contractor is engaged. Contractor shall prepare all work products required by this Agreement in a substantial manner and shall conform to the professional standards of quality normally observed by a person practicing in Contractor's profession. It is mutually agreed by the parties that City is relying upon the professional skill of the Contractor as a specialist in the Services, and Contractor represents to the City that the Services performed hereunder shall conform to the normal professional standards of the profession. Acceptance of the Contractor's work by the City does not operate as a release of Contractor's representations. It is intended that Contractor's work shall conform to the normal standards of accuracy, completeness and coordination. Contractor represents that it is thoroughly familiar with and understands the requirements of the Services described herein and is experienced in the administration, type and scope contemplated herein. Contractor represents to City that Contractor has all necessary education, skill, knowledge, and experience required for the Services and will maintain, at all times during the term of this Agreement, such personnel on its staff to provide the Services contemplated herein within the time periods required hereby. In addition, Contractor represents that it has all applicable licenses required by the State of Florida to perform the Services. 3. TERM. The term of this Agreement shall begin upon the execution of this Agreement by both parties and shall terminate all Services no later than November 19, 2014. More precisely, Contractor shall be required to ensure that a) the vehicular gate along Collins Avenue and all Exhibit "A" City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (3 05) 947 -0606 phone (305) 949-3 11 3 Fax related components shall be installed no later than October 29, 2014; and b) the pedestrian gate along Bayview Drive and all its related components shall be installed no later than November 19, 2014. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Thirty Eight Thousand Eight Hundred Thirty Eight Dollars and Ninety Five Cents ($38,838.95) for the performance of the stated Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A ", which fee shall be disbursed on a monthly basis and under the following conditions: a. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be due and payable thirty (30) calendar days after the date on which the invoice is stamped as received by the initiating City Department. Payment shall be made only for approved invoices. b. Reservation of payment rights. The City retains the right to delay or withhold payment for Services which have not been accepted by the City. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the City Manager or his designee, or based on failure of Contractor to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. It is acknowledged and agreed by Contractor that this amount is the maximum payable amount under this Agreement and constitutes a limitation upon the City's obligation to compensate Contractor for their Services. This maximum payable amount" however, does not constitute a limitation, of any sort, upon Contractor's obligation to perform all items of work required by, or which can be reasonably inferred, from the Services. This maximum payable amount includes reimbursement of all expenses of Contractor related to the Services. Contractor shall make no 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (3 05) 947 -0606 phone (3 05) 949-3 11 3 Fax other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event that a) the vehicular gate along Collins Avenue and all related components are not installed by October 29, 2014; and /or b) the pedestrian gate along Bayview Drive and all its related components are not installed by November 19, 2014, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of Four Hundred Dollars ($400.00) for each calendar day beyond these individual deadline periods, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 6. PERFORMANCE BOND 6.1 With the execution and delivery of this Agreement, the Contractor shall furnish the following Performance bond in forni contained herein: a. Performance Bond guaranteeing full and faithful execution of the Services in an amount equal to 100 percent of the Compensation as set forth in Section 4 above, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after final completion of Services. 6.2 The Performance Bond shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 6.3 The Performance Bond shall be executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 6.4 Qualifications: A Performance Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above minimum qualifications, the Surety Company must meet the following additional qualifications. 1. The City will accept a surety bond from a company with a rating of B ++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax the City shall review and either accept or reject the Surety Company based on the financial information available to the City. a. The Surety Company shall have at least the following minimum ratings: Amount of Bond Policyholder's Rating Financial Size Category 100,000 to 1,000,000 B ++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,001 to 5,000,000 A Class VII or higher b. All Surety Companies are subject to review and approval by the City Manager or his designee and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 6.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida 7. WARRANTY OF SERVICES 7.1 The Contractor shall warrant that the Services conform to the Agreement and are free of any patent and/or latent defect of the workmanship for the periods established in the Contractor's proposal, attached hereto as Attachment "A ". This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 7.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 7.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and /or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and M City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. DEFECTIVE WORK 8.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non - defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 8.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee. the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 8.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within seven (7) calendar days without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 8.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non - conforming work. 9. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 10. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or interest herein shall be assigned, transferred or encumbered without the written consent of the other party. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will renders services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which they will render services. Contractor shall perform its duties, obligations and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the applicable local standards. 11. PUBLIC ENTITY CRIME ACT. Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, or other provider, and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to this foregoing, Contractor further represents that there has been no determination that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a `'public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 12. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, Premises and Operations; Independent Contractors; Products and /or Completed Operations, Broad Form Property Damage; Broad Form Contractual Coverage; Personal Injury Coverage with minimum limits of One Million Dollars ($1,000,000) per 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax occurrence. Coverage shall not contain any endorsement(s) excluding nor limiting Product /Completed Operations, or Cross Liability. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida Statute Chapter 440. ❑ Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence. Coverage shall include liability for owned, Non - Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 13. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax (ii.) Notwithstanding the foregoing, the City shall retain the right to withhold payment if the Contractor is in breach of any of its obligations under this Agreement. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of subparagraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 14. GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Steve Nespoli Contractor: Vice President Tropic Fence, Inc. 1864 NW 21 sr Street Pompano Beach, FL 33069 Tel: (954) 978 -1250 Email: tro icfence bellsouth.net 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 17. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non - discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that 0 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax he /she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services performed by Contractor, including those of their officers, employees, agents, or representatives, in the performance of this Agreement, and any other person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. This Agreement, together with the terms and conditions of Invitation to Bid No. 14 -07 -03 and Contractor's proposal contained in Attachment "A ", a copy of which is attached hereto and incorporated herein by reference, contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and /or rescission is sought. E. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A ". Hui City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: ature (414 TILLEY NTKOLLER Print Name TROPIC FENCE, INC. GINA NESPOU Print name and title of core: rep. ATTEST: CITY OF SUNNY ISLES BEACH BY: 4N=n ll�Gj Jane A. Hines, MMC, City Clerk . Ed elcup, Mayor 11 r,, , F" DELIVER T0: INVITATION TO BID City of Sunny Isles Beach SECTION 4 City Clerk BID SUBMITTAL FORMS OPENING: 2:30 P.M. 18070 Collins Avenue August 19a' 2014 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach Is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of Andrew Rozwadowski 07/1812014 Pages 20 through 24 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or Incorporated by reference In the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement, ITB 14 -07 -03 Arlen House Gates A Bid Deposit in the amount of % of the total amount of the bid shall accompany all bids A Performance Bond In the amount of-100% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement Agent: Andrew Rozwadowski Firm Name: TROPIC FENCE INC Commodity Codefs): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 24 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NOW RESPONSIVE City of Sunny Isles Beach I Invitation to Bid No. 14 -07 -03 ATTACHMENT "A" 14 01 SV;1 FV ARLEN HOUSE GATES SID FORM City of Sunny Isles Beach ( Invitation to Bid No. 14 -07 -03 o (noil6y1.a,A�,`y'�� , It sip INu Description QtV Unit Extended Price Price Furnish and Install Custom Powder Coated Aluminum Welded Sliding Vehicular Gate with 1 all required assemblies for full Installation Including but not limited to mounting posts, 19'W X 8'H 2 6,337.00 12,674.00 guide rollers, gate wheels and V- groove gate track Furnish and Install Custom Powder Coated Welded Aluminum Pedestrian Gate with all 2 required assemblies for full installation 40" W X 8'H 1 4,804.00 4,804.00 including but not limited to electric lock, knob, mounting posts and self - closing hinges 3 Concrete Pad for sliding gate operator 2 600.00 1,200.00 4 Concrete Foundation for gate track 2 2,470.00 4,940.00 Furnish and Install Wire Terminations at each 5 gate operator including startup and test for LS 1 400.00 400.00 proper operation Furnish and Install Gate Operator(s) with all required assemblies including but not limited 6 to loops, battery back -up units, surge LS 1 4,721.00 4,721.00 protection systems, commercial telephone entry systems and receivers Furnish and Install other equipment and sensors as detailed below by proposer required for a fully functional and code compliant gate system which integrates to the existing Arlen House hardware: DOORKING MODEL 1837 WITH 3000 MEMOT Y 1 3,834.00 3,834.00 CAPACITY TELEPHONE ENTRY. SYSTEM POWER AND LOW VOLTAGE WORK TO BE DONE BY OTHERS City Permit Fee Allowance LS 1 $1200 1 1,200.00 Total Bid Price 33,773.00 City of Sunny Isles Beach ( Invitation to Bid No. 14 -07 -03 o (noil6y1.a,A�,`y'�� , It sip ^,t ; ) SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: IN NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: TROPIC FENCE INC AUTHORIZED SIGNATURE: DATE: 8/19/2014 TITLE OF OFFICER: VICE PRESIDENT City of Sunny Isles Beach I Invitation to Bid No. 14 -07 -03 I BID SUBMITTAL FORM Bid Title: ARLEN HOUSE GATES The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: c The Proposer has familiarized himself /herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. a The Proposer has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. This Bid is genuine and not made In the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and /or Notice to Proceed. Firm Name: TROPIC FENCE INC 1864 NW 21 STREET, POMAPANO BEACH FL 33069 Street Address: Mailing Address (if different): City of Sunny Isles Beach I Invitation to Bid No. 14 -07 -03 Telephone No. 954 978 -1250 Fax No. 954 960 -1432 Email Address: TROPICFENCE&ELLSOUTH.NET FEIN No. T "By signing this documserlt the Lsidderagrees to all Terms Signature: (Signature of a Print Name: STEVE NESPOLI Title: VICE PRESIDENT THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NOW RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Invitation to Bid No. 14 -07 -03 c, �3ONY NO"!RP 1h 9 9 1... --, I j C', 7, ), OF SUN City of Sunny Isles Beach I Invitation to Bid No. 14-07-03 q:a U- 1h 9 9 1... --, I j C', 7, ), OF SUN City of Sunny Isles Beach I Invitation to Bid No. 14-07-03 NON - COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Fl. 33160 Telephone: (305) 947 -0606 Fax: (305) 949.3113 STATE OF FLORIDA COUNTYOF BROWARD ) The undersigned being first duly sworn as provided by law, deposes, and says: This Affdavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, In any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, TROPIC FENCE INC (Name of Corporation, Partnership, Individual, etc,) a CORPORATION formed under the laws of FLORIDA (Type of Business) (State) of which he is VICE PRESIDENT (Sole.Owner, Partner, President, etc,) Neither the undersigned nor any person, fine, or corporation named In above Paragraph 10,2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put In a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above In Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged Information or data relative thereto, to any association or to any member or agent thereof. D ° VICE PRESIDENT AFFId 'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this 19 day of AUGUST 208 J4 Personally Known XX or Produced Identification Type of identification (Affix seal here) LYN IIIU-EY *; �? MY COMMISSION ff EE 867618 a= EXPIRES: Fabiusry 15,2017 Bonded Thru Notary Pub Vi; Undembis DECEMBER 28, 241 e 1of10 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collin Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949.3113 SWORN STATEMENT PURSUANT TO SECTION 287.139(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub- Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity In excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list'. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunnv Isles Beach by STEVE NESPOLI, VICE PRESIDENT MEN s name and i e for TROPIC FENCE INC nt name of entity su m rang sworn statemeng whose business address is: 1864 NW 21 STREET, POMPANO BEACH, FL 33069 and (if applicable) its Federal Employer Identification number (FEIN) is 59- 2642924 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 11.2. 1 understand that a "public entity crime" as defined In Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, Including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active In the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2of10 Y✓ i a .' c) market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shall be considered an affiliate. 11.5. 1 understand that a "person" as defined in Para. 287.133(1)(s), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on Information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) XX Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ITT (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: D o (Signature) STEVE NESPOLI (Printed Name) VICE PRESIDENT (Title) Sworn to and subscribed before me this 19 STEVE NESPOLI (AFFIX NOTAR LYNIILLEY MY COMMISSION # EE 887818 ,J >i'd= EXPIRES: February 15, 2017 �lA�jb Bonded ifwNol.7Pabllouamdiem day of AUGUST , 20 14 by Signature: Notary Public — Print or Type Personally Known XX OR Produced Identification Type of Identification Produced 1011998 3of10 taw EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Fl- 33160 Telephone: (305) 947 -0606 Fax: (305) 949.3113 EQUAL OPPORTUNITY /AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: Title: VICE PRESIDENT Firm: TROPIC FENCE INC Address: 1864 NW 21 STREET POMPANO BEACH, FL 33069 DECEMBER 29, 2010 4of10 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes, Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or Its agencies. STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared STEVE NESPOLI who was duly sworn, deposes, and states: 18.1. 1930 am the VICE PRESIDENT of TROPIC FENCE INC with a local offloe in POMPANO BEACH FL and principal office In POMPANO BEACH FL , 18.2. The above named entity Is submitting a Bid for the City of Sunny Isles Beach, Bid No. 14 -07 -03 described as: Landscape Maintenance Services. The Afflant has made diligent inquiry and provides the information contained In this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Afflant nor the above named entity has directly or indirectly entered into any agreement, participated In any collusion, or otherwise taken any action In restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations If necessary and execution of the Contract for this project. 18.5 Neither the entity nor Its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation In contract letting by any local, State, or Federal Agency, 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property Interests for this project. 18.71 certify that no member of the entitys ownership or management Is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest In any aspect of the City of Sunny Isles Beach. 18.91n the event that a conflict of interest Is identified In the provision of services, I, on behalf of the above named entity, will Immediately notify the City of Sunny Isles Beach. Date I9 day of AUGUST 20W. 14 f STEVE NESPOLI VICE PRESIDENT AMANT Print or Type Name a d Title Sworn to and subscribed before me this r' �1 day of Au 5 u S , 20 14 E)X Personally Known OR O Produced Identification ; Type of Identification NOTARY PUBLIC STATE OF FLORIDA LYNTILLEY MY COMMISSION 9 EE 867618 _ 's EXPIRES; Februa 15,2017 mss` Bonded Thru Notary PubBc Inderwrflers DECEWER 2e, 2010 5of10 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No ". If you answer "Yes ", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of Its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO X 19.2. Has your firm, or any member of your firm, been declared In default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES _ NO__ : cCi ATrAcNvJA0=0z -171-MEI) l.Rw561Ts 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that Is related to the services your firm provides in the regular course of business? YES NO X If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved, I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. TROPIC FENCE INC Fi rm v Authorized Signature DECEMBER 28, 2010 8/19/2014 Date STEVE NESPOLI, VICE PRESIDENT Print or Type Name and Title 6of10 /4� ANTI- KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax (305) 949 -3113 ANTI- KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF BROwARD I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: VICE PRESIDENT The foregoing instrument was acknowledged before me this 19 day of AUGUST 2014 1 by STEVE NESPOLI [name of person], as VICE PRESIDENT [type of authority], for TROPIC FENCE INC [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: f •.. WC -00IS 1WEE857618 EXPIRES February 15, 2017 7, ,1,��54° � 8aide4 Thnl Notary PubYc UMletrrtlters '—'yo Public — Print or Type Commnls!4�ioned Name Personally Known xx OR Produced Identification Type of Identification Produced DECEMBER 28, 2010 7 of 10 �JNNY�+E J DS O BID BOND l_ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947.0606 Fax: (305) 9493113 STATE OF FLORIDA COUNTY OF Broward __) KNOW ALL MEN BY THESE PRESENTS, that we Tropic Fence, Inc. as Principal, and The Guarantee Company of North America USA as Surely, are held and firm) bound unto the City of Sunny Isles Beach, a municipal corporation of the Sfafe of Florida in the sum of Five Percent of Amount Bid __ Dollars ($ lawful money of the United Scales, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, August 19,2014 O?Co for: - - - -- - - - -- -Arlen House�ate�---- - - - - -- --------------- - WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond In the amount of five percent (5 0/6) of the Base Bid be submitted with said Bid as a guarantee that the Proposers would, If awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters Into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100 %) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surely herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United Slates of America, as liquidated damages for failure thereof of said Principal, IN WITNESS WHEREOF, the above bonded parties have executed this Instrument under their several seals this - -19th _ ___day of Au uSt - -- —_ ,2014 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: _Tropic Fence, Inc._ —_ Individual or Partnership Principal 1864 N. 21stSt�e-t—____ Business Address Pompano Beach, FL 33069 City, Slate, and Zip Code 25427$- 1244_------- -- - -- Business Telephone DOCUMENT CONTINUES ON NEXT PAGE LYN tl Affix Cor ale Seal TR RER Business Facsimile ATTEST: The Guarantee Company SEE ATTACHED __— - - -- f1XQrthAtner-lML1SA POWER OF ATTORNEYSecrelary ----- - - - - -- ----- - - - - -- -- (Corporate Surety)* BY: 1 ^i •Impress Corporate Seal Michael A. Holmes, Attorny -In -Fact IMPORTANT %%;\C ae Q\C A(cn �o D� O e000000000000 °0 `' B�® OORPp� 02 S o � t3em O � o o Surely companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the Stale of Florida. DE°EtMR28,2010 8of10 i 1 THE The Guarantee Company of North AnieAca USA GldlAftVA'Sill \]TEE SOUtf1CClC{, n�iC�llgBll POWER ®F ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office In Southfield, Michigan, does hereby constitute and appoint Gerald J. Arch, James F. Murphy, Michael A. Holmes Brown & Brown of Florida, Inc. its true and lawful attorney(s) -In -fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal, office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'r day of December, 2003. The President, or any Vice President, acting with any Secretary orAssistant Secretary, shall have power and authority: 1. To appoint Attorneys) -fn -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney -in -Fact Includes. any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under Its bond. 4. In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that 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, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. rppnTer IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. g Sq THE GUARANTEE COMPANY OF NORTH AMERICA USA �RMAY,CM�P /� STATE OF MICHIGAN Stephen C. Ruschak, President & COO Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto setmy hand at The Guarantee 4Pl•" Notary Public, Slate of Michigan Company of North America USA offices the day and year above written. � �..�� `''Z�.: CounfyofOaMand .. >ni:�R';'•w•t� -�_. My Commission Expires February 27, 2018 Acting in Oakland County I, .Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AM ERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WiTNESS WHEREOF, I have thereunto set my hand and allached the seal of said Company this 19th day of August 2014. Randall Musselman, Secretary 1 d STATE OF FLORIDA COUNTY OF ) BID BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949.3113 KNOW ALL MEN BY THESE PRESENTS, that we, as Prfncipaf, and as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, 2010 for. WHEREAS, It was a condition precedent to the submission of said Bid that a cashiers check or Bid Bond in the amount of five percent (5 %) of the Base Bid be submitted with said Bid as a guarantee that the Proposers would, If awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract, NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters Into a written Contract with the City pf Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100 %) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of .20 . the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ON NEXT PAGE IN PRESENCE OF: Individual or Partnership Principal Affix Corporate Seal Business Address City, State, and Zip Code Business Telephone Business Facsimile ATTEST: (Corporate Surety)' "Impress Corporate Seal Secretary By: IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. DECEMBER 20, 2010 8of10 PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract No.: 07- 10 -04, awarded the day of , 20 , with Landscape Services Maintenance in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND Is that if the Contractor: 15.1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. ) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 15.2. Indemnifies and pays City all losses, damages (specifically Including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half (11/2) years, and: 15.4. 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. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly: 15.4.1. Complete the Contract in accordance with its terms and conditions; or 15.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, If the City elects, upon determination by the City, and Surety Jointly of the best, lowest qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. DECEMeER28,2010 9of10 I The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of 20 WITNESS: BY: (Name of Corporation) Secretary (CORPORATE SEAL) (Signature) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney -in -Fact * (Power of Attorney must be attached) (Address) (City /State /Zip Code) (Telephone) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 20 [type of authority], for of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: day of , [name of person], as [name Signature: Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10/1998 1 o of 10 S1 LAWSUITS Explanation for page 6 of 10 items # 19.2 1. Tropic Fence, Inc. (plaintiff) v Travelers Casualty and Surety Company of America (defendant) Case # 09- 010491 (04) Tropic Fence, Inc. did work at Pompano Community Park as a subcontractor for P.H.I. Corporation. We were not paid in full and .filed a case to be paid under the surety bond. Case was dismissed with prejudice on 05/26/2009 after the surety agreed to pay Tropic Fence, Inc the money owed during arbitration. 2. Tropic Fence, Inc. (plaintiff v GC Works, Inc. (defendant) . Case # 09- 030643 (08) Tropic Fence, Inc. did work at Northgate Park in Lauderhill as a subcontractor for GC Works, Inc. We were not paid in full and filed a lawsuit against GC Works, Inc to be paid. We won the case and a final judgment in the amount owed plus interest, Attorney's fees and court costs was certified against GC Works, Inc. on 03/09/2010 3. Tropic Fence, Inc. (plaintiff) v Sam's club and B & B Contractors, Inc. (defendant) Case # 20120037359 Tropic Fence, Inc. did work at the Sam's Club in Lantana as a subcontractor for B & B Contractors, Inc. We were not paid and filed a lawsuit against them to be paid. In arbitration, Tropic Fence prevailed and the lawsuit was dropped in December 2012 4. Tropic Fence, Inc. (plaintiff) v Fidelity and Deposit Company of Maryland (defendant) Case # 08- 046380 -04 Tropic Fence, Inc. did work for a Contractor with the above-listed bonding Company and was not paid. In arbitration, Tropic Fence prevailed and the lawsuit was dropped. This was on October 31, 2011 I TROM p MC i=ffr n Fn-ca A;6C4iaaiafl M 1864 NW 21" Street i pompano Reach, FL 33069 Voice: (964) 978 -1260 Fax: (954) 960.1432 General Email: tro:aieferwceCuf etlsouth.twot Web Sate: vim - .tropid ince.com °Me Truly fehee �f�inprrh} ,Fan'fl r+tr need" ITB, RFLI & RFI Email: brc�;; lr.Eerj:e.i >sciSii ?iietiyrau4n. rick Augtast 19,2014 City ofsonny Isles Reach 18070 C011ins Avenue .Sunny Wes Beach, ['1.33164 RE: WARRrOT`! for Arlien House Gates !Topic Pence Inc., Contractor for Gate and Cate Operator' as described per plans & specifications, does hereby iYarratnty that WI hibur s& tnaterink furni:shvd & tirnrk psrfta•mtxi in conjunction i0ih !hc above rcfercneed projtct are In accordancevrIth the Contract documents and authorised modificutions tltereu;, and i% I'll be free from defects dim to defective: Materials or norkmanthip for a period of one (1) years from Substantial Completion date of Should any defect develop during the marrxnty period flue to improper materials, svorkmanship or arraasgement, the sank slim!, Upon''lrittcn nutice by the 01ti•ncr, he uuule.lsind bt• the UndCrAgned at no ctil;cnw tie the 0)%ner. if any [lute Operator parts becottm defective during the warrant} pertod, the part will he warranted but there Is a labor charge to install the defective part. Nothing in the above shall he deemed to apply to tsork ithlch has been abused or neglected by the owner to datnage caused by Actsof God or to normal wear and tear. There Is also a 5 year limited Warranty for tic Gate Operator from the manufacturer Lift Master. ' M. - truly yours. . Steve Nespoll, price President State ofMorida, County ofllroward The foregalltg instrument eras ackno,vledged and subscribed hefnrt: twit, the undersigned Notary Public, this 19th dap of August by Steve Nespoli, as Vice President of Tropic Fence, Inc., a Fiorida corporation, on behalf of the corporation. He Is pa:rsanaily knimn to me. 13 y: Sou _....... _ ._.__ ....... _... ... Notary Public I _fig a Construction Trades Qualifying Board BUSINESS CERTIFICATE OF COMPETENCY. Fiji.- 4>atF•�'� � �'�Y� .;.,TROPIC FENCE INC D.Q.A.: NESPOLISTEVE Is certified under th s e provisions of Chapter_ 10 of Miami -Dade County VA[1ft� �oP.�trry)��r����rJ� �NT��c�131ij2t� 007458 n0al Rhsinaee -1 nv Rai, i nf Miami -Dade a, of rlbrld RILL IS NOT A L - L DO NOT PAY 1061653 BUSINESS .NAME /LOCATION RECEIPT NO: TROPIC FENCE INC.: NEW 0 201. DOING ;0YS10 E CO 7437809 ust6;1!6peY tisiness MIAMI FL 33000 !tq, 646ty qo do Chapter 8A = Art 6' OWNER SEC. TYPE OF BUSINESS TROPIC FENCE INC MMC SPECIALTY BUILDING CONTFIACTOF{AYMENT RECEIVED 00001fit 60, Y TAX COLLECTOR citeg6q(s) 1 %175.00.J66j24/2013 3XI-ISI-13-072621 This Local BusineskTax Receipt only 0onfirms; payment oi the Local Business Tax. The Receipt Is not 6 license. perroll,are cortilldiflinolthe older's qualificat o46 d6 basin ess,ifoldet must compfq'Whh any governmental at .no6lloviramenialrogulalory lahi�id�equireme4itivhl6lfdpp.lito the bU31heM The RiCEIPT'NO, above 66st bi displayea'bh all coff"' arijalvehlo Im —276. For more Informationi, visit www,mI Idade lo n j Si 001059 Master CofitractOrgs ftdoipt 'de'Miami" -ba State ofFlorida 409.13 NOTA BILL =b() NOT PAY 2061653 % - RU RECEIPT EXPI DOING R p ik E bADEW 74378 ®1 14 fvlust [is , of business MIAMI Cliapterf3A -Art 3 &10 - $Er-.:,Typg . OF suspass TROPIC FENCE INC E C IALtYeUILDIN3cbNTfl' XCTO lAYMENi RECEIVED Y TAX COLLECTOR Category(s) $175.00 09/24/2013 TXHS I -1: " 3-0726211 This 66al Buslniistax Race V,,Only confirms payment ofthe (ocal Business Tax. The Riic'eI�tis note I.Ican 0, Permit Ora cortirlbation of the oldot*iquarigeatio6i;16debuslhoss. Holder must comply with any govenims flonoviiint enlalr66 ental or in ...j.alorylowi , and the business.. The nEcEIPT k above 60116 rnl !Siida Code Sec U47'� comothr4al -as mis For more information', vial twWwAsmidede-jo xiglheiitvl, b I �n3 CERTIF[gATt bt C600lTENY ,Qnd. SICN fhe reversO Ade -of fhi, _ �.�tGfl.0 _rad INJMEQ1AEtY u.in rerelli "t! You �', YL „ + r,' r ',•; -� {::� -�- r Sfioufc egrry th(s card with yoU al all lirrldS Co tta�t must b Calti p photo l D Certlflcata of Competency Card ?Cf�Y(1CAf`Q'CQMPTf:NG`, �) NCf'; EF EC;T10 �; ✓ }ipt t r; t• ��t3 +,)L`�e�� NES 60 {? Sl` if- QLfi1:IFYlf�G c Ft } s 1 i r �IN6�' -';;k, atPOM +{�JLN�CiCI'!.'$3� 9' N>rtSRC)LI STEVE` Vlr,,., +ter, DEERFIELD BEACH; FL33441. r ?•r t;,4+ i,i4<<Y�,j.�Ft ��L_,r v ��':t`Ytzr y ?i `:t ` is FENCE ERECTION 'S 'NE$P(I, $NEVI^ - 4UALIFI(INC TF2QPIg I EDCE. GO W j NV1%1'ST 3rs 1664 } POMP.AI... P-'Bf ANN FL'33g69 EXPIRLS 083.112016:: j � ' L i ` ' t 5 t .F �n3 CERTIF[gATt bt C600lTENY ,Qnd. SICN fhe reversO Ade -of fhi, _ �.�tGfl.0 _rad INJMEQ1AEtY u.in rerelli "t! You �', YL „ + r,' r ',•; -� {::� -�- r Sfioufc egrry th(s card with yoU al all lirrldS Co tta�t must b Calti p photo l D Certlflcata of Competency Card ?Cf�Y(1CAf`Q'CQMPTf:NG`, �) NCf'; EF EC;T10 �; ✓ }ipt t r; t• ��t3 +,)L`�e�� NES 60 {? Sl` if- QLfi1:IFYlf�G c Ft } s 1 i r �IN6�' -';;k, atPOM +{�JLN�CiCI'!.'$3� 9' N>rtSRC)LI STEVE` Vlr,,., +ter, DEERFIELD BEACH; FL33441. r ?•r t;,4+ i,i4<<Y�,j.�Ft ��L_,r v ��':t`Ytzr y ?i `:t ¢ �W v K �nM V Y��- REMPT jc:.z' >�5.:«:_ <' 115 S. Andrews Ave., Rm. A -100, Ft. Lauderdale, FL 33301 -1895 — 954 -831 -4000 VALID OCTOBER 1, 2013 THROUGH SEPTEMBER 3o,2014 DBA: TROPIC FENCE CO INC Receipt #:ALL OTHBR TYPES Business Name: Business Type: (SPEC BLDR FENCE r ; Owner Name: STEVE NESPOLI Business Opened:ol /06/1995 Business Location: NW 21 ST State /County /CerUReg:84- 3654 -F -X POMPANO BEACH Exemption Code: Business Phone: 954-978-1250 t. Rooms seats Employees- Machines Professionals 20 For Vending Business Only Number or Machines: va„ti.,� r�.,o• NO Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid I54.00 0.00 �— '0.00 0.00 0.00 0.00 59.40 11 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non- regulatory in nature. You must meet all County and /or Municipality planning WHEN VALIDATED and zoning requlrements. This Business Tax Recetpt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that ii It is in compliance with State or local laws and regulations. Mailing Address: s STEVE NESPOLI 1864 NVi 21 ST POMPANO BEACH, FL C 33069 2013 .2014 Receipt; #01A -12- 00011821 Paid 08/29/2013 59.40 i j{ •1:..: .._.. .�..�, -_.. ._�..: �.. _..�::.:.. ..L,.. ih,l7'iA �.A...1: iF)h; (.1: ^•�(P�)i.. -. f:= .l',4` _. ... ._ t_•_"_ �.•� _. - pompano; i� �+• . REGISTRATION NO. dJ ompart® Beach Ix� t � ; beach Business Tax Rec..eipt 14 i I FI S's Wornlesl Welcome s i:3 t .i t:f) NEW RENEWAL X *I OWjVER , .3 I 'ti DAT(: ISSUED ; f� 1 "S P pCCQUtVT NO tT Lr ri f s 53 REGISTRATION FEE ri BUS NESS NAME`:. _ t! tl rt tiles r� t t idr;i 3! s ". DELINQUENT CFIG �; _ :3 ,. I LQCATION TRANSFER FEE - f y' CLASSIFICATION:- TQTAL AMOUNT PAID l' ;j C' (R J, {Trf ('ltt1 ; !a = i t. EFFI =CTIVE DgTE E)PIFIATIOf� DATE I OGTOBltR 1 SEPT EM ER$0 a 7• f tl rl!vi i ri•trt� f 1_,.`p BUSINESSES muvimgftcubUttY D)SQtAY.THIS BI)SINL`SS 1AX'.f�CE1P1 Td- t?1JOPC VIEW . AT r °I)SINESS LOCATION CQNTRACTOjtS MUST MAINTAIN ISPI FILE CURRENT LICENSING ANPJNSURANi E, . t, P+1 1 NOTICE A NEW APPLICATION tiVST flE FILED If THE BUSINESS NAAME. OWNERSHIP OR ADDRESS IS CHANGED THE ISSUANCE OF) BUSINESS TAX RECEIPT SHALL NOT BE DEEAIEO A.Y+ANER OF,ANY PROVISION OF THE CITY CODE NOR. SHALL THE ISSUANCE OF A BUSINESS TAX. RECEIPT OF) BE Q JUDGENEt1T� OF THE CITY .AS TO 71iE COtdPETEHCE qF THE APPLICANT TO TRANSACT DUSINESS. . - ,. .J:wf 4 ; 7 R - ' ;ul ) TROPI12 OP ID: SN CERTIFICATE OF LIABILITY INSURANCE DA TYPE OF INSURANCE 08 /1 4//201201YY) 08/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown &Brown of Florida, Inc CONTACT NAME: PNCON o E 1.561.686 -2266 ac o: 661-686,2313 Suite 400 1401 For Way E -MAIL ADDRESS: West Palm Beach, FL 33401 Mike Vega INSURERS AFFORDING COVERAGE S 300,000 INSURER A: Southern- Owners Insurance C0+ $ 10,00 PERSONAL BADVINJURY INSURED Tropic Fence, lnc. Steve Nespoli INSURERB:Annerican States Insurance Co.+ GENERAL AGGREGATE INSURER C:* FFVA Mutual Insurance Co+ ANAIC 1864 NW 21st St Pompano Beach, FL 33069 INSURER D: Federal Insurance Com an + INSURER E: Covington Specialty Ins C0+ INSURER F: $ RGYIVIV IY IYVIYI�GR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMIDDY EFF Up MI IC E P LIMITS A GENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X PD Ded $500 /Claim X 0923827272297413 08/21/2013 08/21/2014 EACH OCCURRENCE S 1,0'00,00 PREMISES (Ea occurrence S 300,000 MEDEXP yone person) $ 10,00 PERSONAL BADVINJURY a 1,000,00 X Contra/XCU Includ GENERAL AGGREGATE $ 2,000,00 GENI AGGREGATE LIMIT APPLIES PER: POLICY X Pte- LOC PRODUCTS- COMPIOPAGG S 2,000,00 $ B AUTOMOBILE LIABILITY AN Y AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X AUTOS�ED 01017161631 08/21/2013 08/2112014 COMBINED SINGLE LIMIT Eaawdent S 1,000,00 BODILY INJURY (Per person) JX BODILY INJURY (Per accident) $ PROP DAMAGE PERA I N $ S A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS-MADEI 4812389000 08121/2013 08/21/2014 EACH OCCURRENCE S 4,000,00 AGGREGATE S 4,000,00 DED I X I RETENTIONS 6,0001 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? a IN (Mandatory In NH) If Yyes describe under DESCRIPTION OF OPERATIONS below /A WC84000226342013A TATS: FL 08/21/2013 I 08/21/2014 X WCSTATU- TH- TRYLI PER E.L. EACH ACCIDENT $ E.LDISEASE- EAEMPLOYE $ 1$1,'000 E.L. DISEASE -POLICY LIMIT $ D Rented /Leased Equ( 5464893 08/21/2013 08/21/2014 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re. Arlen House Gates - Bid No. 14 -07 -03 City of Sunny Isles Beach are named Additional Insured with respects to General Liability as required by written contract. City Of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 ACORD 25 (2010/06) SUNNY -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W IZ10U -[UTU AL:UKU GUKPUKATIUN. The ACORD name and logo are registered marks of ACORD All rights reserved. j7 S="r `s`fi City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 %, 'Al F,, F �vti °� k' (305) 947 -0606 City Hall ' (305) 949 -3113 Fax cfJFS,,,+no MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Bill Evans, Assistant City Manager DATE: 9/18/2014 RE: Resolution Approving a Contract with Tropic Fence, Inc. for Professional Services for the Arlen House Streetscape Project RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: In August 2014, the City publicly advertised an Invitation to Bid for the fabrication and installation of new vehicular and pedestrian gate systems at the Arlen House. The City received one (1) bid response from Tropic Fence Inc., who is qualified, willing and able to provide the required services. The gate fabrication and installation is part of the on -going Arlen House Right -of- Way Improvement project, which is included in the City's adopted Capital Improvement Plan for construction of aesthetic enhancements at Collins Ave and Bayview Drive. FUNDING SOURCE: The amount not to exceed $38,838.95 from Account No. 20.600.5697 ATTACHMENTS: • Resolution • Agreement Agenda Item No. IOK Date 9/18/2014 254 O�SJKNY Ifr,SC�,d cl * CITY OF CONTRACT +«� �� SU NNY ISLES BEACH, AM yto �. FLo„ o,. AMENDMENT 'Tr OF SUN t,N AMENDMENT NUMBER: #1 DATE: 2015/02/03 • PROJECT: Arlen House Gates BID NUMBER: 14-07-03 RESOLUTION NUMBER: 2014-2292 ORIGINAL DOLLAR CONTRACT AMOUNT: , $38,838.95 NET TOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS: ' $0 DOLLAR AMOUNT OF THIS CHANGE ORDER: $457.50 CREDIT/DIRECT PURCHASES: $0 NEW DOLLAR CONTRACT AMOUNT: $38,838.95 ORIGINAL CONTACT COMPLETION DATE 12-22-14 TOTAL OF PREVIOUS CHANGE ORDER DAYS: 0 AMOUNT OF DAYS PER THIS CHANGE ORDER: 60 NEW CONTRACT COMPLETION DATE: 02/27/14 DESCRIPTION OF SCOPE OR WORK CHANGES: Furnish and install a white powder coated gooseneck pedestal required to mount the newly installed gate's call button at the Collins Ave Arlen House entrance. The call button was originally installed on the wall column, however, due to the proposed oolite on the column closest to the gate, this arrangement is no longer recommended. The original dollar contract amount includes a project contingency of $5,065.95. RCO#1 will be applied to contingency balance. Remaining contingency balance after RCO#1 is$4,608.45. NOTE: Unless specifically stated clearly elsewhere on this page, this contract amendment does NOT Include an extension of time or grant any additional general conditions amounts. The City and the Contractor agree that the contract time adjustment and sum agreed to In this document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment, manpower, materials,overhead, profit and delay relating to the issues set forth in this document. CONTRACTOR: Tropic Fence CITY ATTORNEY: Hans Ottinot /At ,11.•/rif PROJECT MANAGER: Elka Linton-Dorsett / , Bill Evans 1Z/1,1g� . �� r CITY MANAGER: Christopher J. Russo �� • Tropic Fence, Inc. SALES QUOTE The only fence company you'll ever need" 1864 NW 21"Street, Pompano Beach, FL 33069 February 3, 2015 Phone 954-978-1250 Fax 954-960-1432 PAGE: 1 OF 2 tropicfence®bellsouth.net TO: CITY OF SUNNY ISLES FOR: ARLEN HOUSE ELKA [Project Address] [Street Address] SUNNY ISLES, FL [City, ST ZIP Code] BID DATE: FEBRUARY 3, 2015 305-792-1939 edorsett @sibfl.net CHAIN LINK MATERIAL SPECIFICATIONS STYLE TOTAL HEIGHT FABRIC HEIGHT FABRIC TYPE GAUGE MESH SELVAGE B/W TYPE TOP RAIL LINE POST O.D. SPACED O.C. END POST 1O.D. CORNER POST O.D. WALK GATE POST O.D. DRIVE GATE POST O.D. GATE FRAMES: SGL O.D. GATE FRAMES: DBL O.D. FRAME COATING CONCRETE FOOTINGS LINE POSTS TERMINAL POSTS GATE POSTS MATERIAL LIST CHANGE ORDER PROPOSAL TO FURNISH AND INSTALL ONE CUSTOM WHITE GOOSENECK MOUNTING STAND FOR CALL BUTTON. 1 ) ONE STANDARD HEIGHT SINGLE MOUNT CUSTOM WHITE GOOSENECK PEDESTAL. TOTAL$457.50 NOTES & EXCLUSIONS ADDENDUM_OF_SEEN. Tropic Fence, Inc. hereby proposes to furnish all labor, trucks, concrete, equipment and insurance necessary to install the above described materials as per ground plan herewith. Quotation is subject to the attached applicable Terms&Conditions located on page 2 of 2. QUOTATION PREPARED BY: STEVE NESPOLI ACCEPTED: TROPIC FENCE, INC (954) 234-1046 CELL BY: TITLE: VICE PRESIDENT TITLE: DATE: FEBRUARY 3, 2015 DATE: THANK YOU FOR YOUR BUSINESS! TROPIC FENCE IS A STATE CERTIFIED MINORITY & BROWARD COUNTY CERTIFIED CBE COMPANY RECEIVED FEB 0 5 2015 �.tw r Isc E S —��Fr City of Sunny sles Beach Office of the C ty Manager CONTRACT CITY OF •: SUNNY ISLES BEACH AMENDMENT Sw '?• RLOh� C,rr Oi SYw �1 AMENDMENT NUMBER: #2 DATE: 2015/02/03 PROJECT: Arlen House Gates BID NUMBER: 14-07-03 RESOLUTION NUMBER: 2014-2292 ORIGINAL DOLLAR CONTRACT AMOUNT: $38,838.95 NET TOTAL DOLLAR VALUE OF ALL PREVIOUS CHANGE ORDERS: $457.50 DOLLAR AMOUNT OF THIS CHANGE ORDER: $1,511.57 CREDIT/DIRECT PURCHASES: $0 NEW DOLLAR CONTRACT AMOUNT: $38,838.95 ORIGINAL CONTACT COMPLETION DATE 12-22-14 TOTAL OF PREVIOUS CHANGE ORDER DAYS: 0 AMOUNT OF DAYS PER THIS CHANGE ORDER: 0 NEW CONTRACT COMPLETION DATE: 02/27/14 DESCRIPTION OF SCOPE OR WORK CHANGES: Remove and replace the existing card reader at the Arlen House pedestrian gate. As part of the on- going Men House project, a new pedestrian gate was installed with the intent of maintaining the existing infrastructure. However, after reconnecting the existing card reader and extensive trouble shooting, it was determined that a replacement was required in order to restore full pre-construction functionality to the system. The original dollar contract amount includes a project contingency of $5,065.95. RCO#1 will be applied to the existing contingency balance of $4,608.45. Remaining contingency balance after RCO#2 is$3,096.88. NOTE: Unless specifically stated dearly elsewhere on this page, this contract amendment does NOT include an extension of time or grant any additional general conditions amounts. The City and the Contractor agree that the contract time adjustment and sum agreed to in this document constitute a full and complete settlement of the matters set forth herein, including all direct and indirect costs for equipment, manpower, materials, overhead,profit and delay relating to the issues set forth in this document. CONTRACTOR: Tropic Fence CITY ATTORNEY: Hans Ottinot PROJECT MANAGER: Elka Linton-Dorsett �'�/ i A Bill Evans n/0 Bill �r CITY MANAGER: Christopher J. Russo . , alkFence Inc , SALEt QUOTE he only.fence company you it ever new! "1x:64 NW 21'g Street, Pompano Beach, FL 33069 February 4, 2415 Phone 954-978-1250 Fax 954-960-1432 PAGE: 1 OF 2 i tropicfence@bellsouth.net TO: CITY OF SUNNY ISLES FOR: ARLEN HOUSE ELKA LINTON - DORSETT [Project Address] [Street Address] [PROJECT CITY, ST ZIP] [City, ST ZIP Code] BID DATE: FEBRUARY 4, 2015 [Phone] edorsett@sibfl.net CHAIN LINK MATERIAL SPECIFICATIONS STYLE TOTAL HEIGHT ; FABRIC HEIGHT FABRIC TYPE GAUGE MESH SELVAGE B/W TYPE TOP RAIL LINE POST O.D. SPACED 1 i O.C. END POST O.D. CORNER POST 1O.D. WALK GATE POST O.D. DRIVE GATE POST O.D. GATE FRAMES: SGL O.D. GATE FRAMES: DBL O.D. FRAME COATING CONCRETE FOOTINGS LINE POSTS TERMINAL POSTS GATE POSTS MATERIAL LIST 1 1 )CHANGE ORDER PROPOSAL TO REPLACE DEFECTIVE CARD READER AT THE ARLEN HOUSE PEDESTRIAN GATE. REOVE EXISTING READER AND REPLACE WITH THE FOLLOWING; 1 X PD-26 SECURAKEY PROGARMMING DECK 1 X 26SA-SM SECURAKEY STAND ALONE CARD READER- SURFACE MOUNT. INSTALLATION AND PROGRAMMING INCLUDED. TOTAL $1511.57(INCLUDES OVERNIGHT FREIGHT CHARGES FROM CALIFORNIA) NOTES& EXCLUSIONS ADDENDUM OF SEEN. Tropic Fence, Inc. hereby proposes to furnish all labor, trucks, concrete, equipment and insurance necessary to install the above described materials as per ground plan herewith. Quotation is subject to the attached applicable Terms &Conditions located on page 2 of 2. QUOTATION PREPARED BY: STEVE NESPOLI ACCEPTED: TROPIC FENCE, INC (954) 234-1046 CELL BY: TITLE: VICE PRESIDENT TITLE: DATE: FEBRUARY 4, 2015 DATE: THANK YOU FOR YOUR BUSINESS! TROD F NCE IS A STATE CERTIFIED MINORITY& SRO-WARD COUNTY CERTIFIED COE COMPANY