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HomeMy WebLinkAboutReso 99-152RESOLUTION NO.99-�Z A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 99-07-01 TO TROPIC LANDSCAPING, INC., IN THE AMOUNT OF $136,676.50, FOR LANDSCAPING THE PERIMETER OF THE 2.84 ACRE PARK AT NORTH BAY ROAD; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE CONTRACT ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach issued a Request For Proposals, No. 99-07-01, for landscaping services for the perimeter of the 2.84 acre park at North Bay Road; and WHEREAS, proposals were received by the due date of July 28,1999, and reviewed by the City Manager and the Public Works Superintendent; and WHEREAS, Rosenberg Design Group Inc., the City's Independent Landscape Architect recommended the low bid; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. That Bid No. 99-07-01, is hereby awarded to the firm of the Tropic Landscaping, Inc., in the amount of $136,676.50, for landscaping the perimeter of the 2.84 acre park at North Bay Road. Section 2. The City Manager is hereby authorized to execute the Contract attached hereto as Exhibit «A " Section 3. The Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6 h day of August, 1999. David Samson, ATTEST: Richard Drown-Morilla, City Clerk landscaping ScMus No. Bey Rd. ?ark Res. -1- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L M. Dannheisser, City Attorney Moved by: Seconded by: loAkr Vote: S,-v Mayor Samson ✓ (Yes) Vice Mayor Turetsky t/ (Yes) Commissioner Iglesias (/ (Yes) Commissioner Kauffman L..- (Yes) Commissioner Morrow f Yes) landscaping services No. Bay Rd Pads Res. -2- (No) (No) (No) (No) (No) CONTRACT THIS CONTRACT made and entered into on the 6 day of August, A. D., 1999, by and between the City of Sunny Isles Beach, Florida, the first party, and Tropic Landscaping and Lawn Maintenance, INC., the second party. WITNESSETH: That the second party, for the consideration hereinafter fully set out, hereby agrees with the first party as follows: 1. That the second party shall finnish all materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to perform the following work in accordance with the Plans and Specifications therefore, the Instructions to Bidder and the Proposal, all of which are hereby a part hereof by reference as is fully set forth herein, at the following described location. BEAUTIFICATION PROJECT NORTH BAY ROAD PARK BID 99-07-01 SUNNY ISLES BEACH, FLORIDA 2. That the second party shall commence and complete the work to be performed under this contract as set forth in the Proposal. 3. The first party hereby agrees to make payment to the second party for the faithful performance of this contract, subject to additions and deductions as provided in the Plans and Specifications or Proposal, by cash, as follows: a. The first party shall make partial payments to the second party within 30 days of receipt of an estimate duly certified and approved by the City Manager, of work performed during the preceding calendar month by the second party, less ten percent (10%) of the amount of such estimate which is to be retained by the first party until all work has been performed strictly in accordance with this contract and until such work has been accepted by the first party. b. Upon submission by the second party of evidence satisfactory to the first party that all payrolls, material bills and other costs incurred by the second party in connection with the construction of the work have been paid in full, final payment on the account of this contract shall be made within thirty (30) days after the completion by the second party of all work covered by this contract and the acceptance of such work by the first party. 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. SEAL) ity Clerk �; , WITNESSES: (If Sole Ownership or Partnership, Two (2) Witnesses Required. If Corporation, Secretary only will attest and affix seal). (1) (2) THE CITY OF SUNNY ISLES BEACH SUNNY ISLES BEACH, FL A Ci anager Authority of Resolution No. q- /S?— passed and adopted by the City Commission on _ Ag 6u<j" G , 19.3 PRINCIPAL: Title ATTEST: Title 2 of 2 Preferred National Insurance Company Coral Springs, Florida POWER OF ATTORNEY �Kn>afv �Jl Aen PV 19hese f resenfs; That Preferred National Insurance Company, a corporation of the State of Florida, by John K. Latham, President, and Dennis B. Wills, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By -Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE XI, SECTION 2 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Franklin E. Wheeler, Michael Bonet, Davor I. Mimica and John Harrold its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: One Million Dollars ($1,000,000) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretartn rjfii►19scribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 1st day of Aug u�f;r8: ..... � ORS'' :92 ATTES . A 4 �.. Pre fed National Insurance Company 1988 41 Secretary •...- ..•N;d- President STATE OF FLORIDA ) ss: CITY OF CORAL SPRINGS ) On this 1st day of August, A.D., 1998, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. Yi WENDYADELSL*4 ImoQ [? . Q ��-- .rc, ' CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article XI, Section 1 & 2 of the By -Laws of the Preferred National Insurance Company. This Certificate may be signed by facsimile under and by authe folioMii0V'Volution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 1 st day of us' <Q Resolved, Article XI, Section 2, "that the facsimile or mech8n�ally rsignat of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any ggNcer of ued b�V Y Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" C�_ 19 8 8 d 0 IN TESTIMONY WHEREOF, I have hereunto subscribed rttyn�n• ced 9e Eor orate Seal of the said Company, this..... .1. 0.................. day of Au ust gg �� . PNI-PA-101 (8/98) Secretary Preferred National Insurance Company Coral Springs, lHorlda PERFORMANCE AND PAYMENT BOND znotu All ittn by 0:ese i9reornits, Bond No. ................... XOS014 Tropic Landscaping Lawn Maintenance, lnc. Thatwe........................................................................................................................................................................ (hereinafter called the Principal) as Principal, and the Preferred National Insurance Company, a corporation duly organized under the laws of the State of Florida, (hereinafter called the Surety), as Surety, are held and firmly bound unto Sunny Isles Beach, Florida .................................................................................................................................................................. ..••.................................................................................. (hereinafter called Obligee), in the full and just sum of One Hundred Twenty Six Thousand, Six Hundred Twenty=r*``»*_` ........................................................................................................................................................................ bollars . 126 626.00**** ($........'........................), to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the ....... 6...... day of August 1999 ..,for Beautification Project, North Bay Road Park ................................................................................................ Bid-99-07-01, Sunny Isles Beach, Florida .................................................................................................................................................................................. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFOR, THE CONDITION OF THIS OBLIGATION IS SUCH, that, N the Principal: (1) performs the contract at the times and in the manner prescribed in the contract and (2) promptly makes payments to all persons supplying Principal with labor, materials and supplies, used directly or indirectly by Principal or subcontractors in the prosecution of the work provided for in the contract as prescribed by Section 255.05 or Section 713.23, Florida Statutes, whichever is applicable to the contract, and (3) pays the Obligee all loss, damage, costs and attorney fees that the Obligee sustains because of default by the Principal under the contract and (4) performs the guarantee of all work and material furnished under the contract applicable to the work and materials, then, this obligation shall be void; otherwise it shall remain in full force and effect. The provisions and limitations of Section 255.50 or Section 713.23, Florida Statutes, whichever is applicable to the contract are incorporated in this bond by reference. SIGNED AND SEALED this 10 day of ............August , 1 g 99 ..................................................................... ................ TROPIC LANDSCAPING LAWN MAINTENANCE, INC. tW ........ ...Princi Witness: ....................................................... By.......... .. ............ ....... ... - ............................. C� terVgned �: Pre erred �lati" Insurance Company ................... By ... /. t...............!^................................................. leside t Agent of Florida M I C HA L A. B O N ET Attorney -in -tact MIC EL A. BONET VNI-t't'tS (I1/Sy) City of December 6, 1999 Sunny Isles Beach Mr. David Santana 17070 Collins Avenue,Suite 250 Sunny Isles Beach. Florida 33160 Tropic LandscaJin ,Inc. P g 17973 SW 248 Street Telephone: (305) 947-0606 Facsimile: (305)949-3113 Homestead FL 33031 > RE: Certified Copy of City of Sunny Isles Beach Resolution No. 99-152, Awarding Bid No. 99-07-01 [North Bay Road Park] Dear Mr. Santana: Enclosed please find three (3) original copies of the above described contract. Please have these documents executed and then have two original sets returned to my attention. Thank you for your assistance in processing this request. RBM:mw Attachments David Samson, Sfavor Connie Morrow, Yce,Nayor Commissioners Danny Iglesias Lila Kauffman Irving 7Lreuky CiA.Wanager Jack Neustadt CiN Arromey Lynn M. Dannheisser Sincerely, Richard Brown-Morilla City Clerk ON Clerk Richard Brown-Morilla City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-W6 phone (305) 949-3113 fax David Samwn Mayor Irving Turetsky August 25, 1999 Vice Mayor Commissioners Danny Iglesias Lila Kaur1m n Albert Arazoza Connie Morrow Arazoza Brothers Corporation City Manager Jame' nagero 15901 S.W. 242-1 Street Homestead, FL 33031 Lynn M. Dannheicser City Attorney Dear Mr. Arazoza: This is to confirm that the City Commission has authorized the bid award to you, as low bidder, for the Collins Avenue landscaping improvements, located generally between 16r Street and Bay View Drive, in the amount of $309,752.25. The execution of the contract by the City is being delayed while the State ofFlorida completes a joint project agreement, relating to Collins Avenue safety with the City of Sunny Isles Beach. This agreement will result in a portion of the S309,752.25 project being refunded by the State to the Ci Accordingly, I anticipate the following schedule. A The State is to forward an agreement to the City within two weeks, with a Special City Commission Meeting to be called to sign the contract within one week thereafter. B. Obtaining of State of Florida signature for joint project agreement by September 30, i'99. C. Requesting you (as contractor) to commence the project on October 1, 1999 and completing in a timely fashion as called for in the agreement. Accordingly, I would appreciate it if you would meet with the City architect, Bill Rosenberg, and ensure that all the necessary contracts have been prepared and readied for signature on short notice. Thank you for your patience and cooperation in this beautification effort. Alberto Arazozo August 25, 1999 Page 1 ~ Once again, congratulations in obtaining the bid award. Sincerely, CITY YOOF'^SUNNY ISLES AC V James DiPietro City Manager JD/pw cc: City Commission Lynn Dannheisser, City Attorney Bob Pushkin, Public Works Superintendent Bill Rosenberg, Rosenberg Design Group 0 Memo To: James DiPietro, City Manager From: Bob Pushkin, Public Works Superintendent Data 08/05/99 Re: Bid list Bid 99-07-02 The following is a listing of the bids received for Bid 77-07-01 (163 St — Bayview Drive) on Wednesday July 28, 1999. 1. Arazoza Brothers $309,752.25 2. Coast To Coast Cnst. $454,619.75 3. Recio Landscaping $316,051.00 4. Villa & Son $338,459.75 Based on the bid amounts, Arazoza Brothers appears to have submitted the lowest bid. Staff and our Landscape designer will review the bids for their being complete and will make a recommendation. 0 Page 1