HomeMy WebLinkAboutReso 2004-694
RESOLUTION NO. 2004 - 0 q {
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, A WARDING
BID NO. 04-05-01 TO IMPERIAL ELECTRICAL OF FORT
LAUDERDALE, INC., FOR SAMSON OCEANFRONT PARK
LANDSCAPE LIGHTING IMPROVEMENTS; APPROVING
AN AGREEMENT BETWEEN THE CITY AND IMPERIAL
ELECTRICAL OF FORT LAUDERDALE, INC., IN AN
AMOUNT OF SIXTY-SIX THOUSAND FIVE HUNDRED
FIFTY -FOUR DOLLARS ($66,554.00), A TT ACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City issued Bid No. 04-05-01 for landscape lighting improvements at the
Samson Oceanfront Park located at 17425 Collins A venue; and
WHEREAS, the City held a bid opening on June 14,2004, resulting in four (4) bids being
received; and
WHEREAS, the City has determined that Imperial Electrical of Fort Lauderdale, Inc., was
the lowest responsive, responsible bidder; and
WHEREAS, the City wishes to contract with Imperial Electrical of Fort Lauderdale, Inc., for
Samson Oceanfront Park Landscape Lighting Improvements, in an amount of $66,554.00, attached
hereto as Attachment "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of Bid. The City of Sunny Isles Beach Bid No. 04-05-01 for Samson
Oceanfront Park Landscape Lighting Improvements, is hereby awarded to Imperial Electrical of Fort
Lauderdale, Inc., as the lowest responsive, responsible bidder.
Section 2. Approval of Agreement. The Agreement by and between the City of Sunny Isles
Beach and Imperial Electrical of Fort Lauderdale, Inc., for Samson Oceanfront Park Landscape
Lighting Improvements, in an amount of $66,554.00, attached hereto as Exhibit "A", be, and the
same, is hereby approved.
R2004- Imperial Electric, Samson Pk Lighting
1
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 the terms of the Agreement.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 22nd day of July 2004.
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~. Jane A. Hines, City Clerk
Moved by: c..l) ~\ <:;.w)'~"\--r 1::}A-L <ee
Seconded by: Vt('e vY\:ttj()V Gt\ODtY\A1\J
Vote: 5~
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
~(Yes)
--!L...(Y es)
---1L(Y es)
V (Yes)
---LL(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2004- Imperial Electric, Samson Pk Lighting
2
CITY OF SUNNY ISLES BEACH
SAMSON OCEANFRONT PARK
LANDSCAPING LIGHTING IMPROVEMENTS
THIS AGREEMENT entered into this ~ 2.. t1&. day of 004, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "Ci to) and IMPERIAL
ELECTRICAL OF FT. LAUDERDALE. INC. (hereinafter referred to as "Contractor").
WHEREAS, the City maintains the streets within the City's limits; and
WHEREAS, the City desires to contract with Contractor to provide the services described in
Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the
City as follows:
I. Services. Contractor agrees to furnish all labor and materials in a good and
workmanlike and professional manner, to perform the work designated in Exhibit "A" attached
hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be
performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified
representative inspect the Property on a regular basis to ensure all services are being performed in
accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to
immediately inform the City via telephone and in writing of any problems that could cause damage
to Property, improvements and persons at the Property. Contractor will require its employees to
perform their work in a manner befitting the type and scope of work to be performed. In the event
that the Contractor fails to complete performance pursuant to the terms of this contract and City must
undertake the completion of performanc~ of services, Contractor agrees to indemnify the City for all
costs incurred with respect to the completion of those services and any damages the City may suffer
as a result of the failure of performance by Contractor.
2. Additional Services. If the need for additional work or changes under this Agreement is
identified by Contractor during the course of performing its obligations hereunder, Contractor shall
set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental
Work Order") and submit such Supplemental Work Order for approval by the City. No such
additional work shall be done or paid for without the specific prior written approval of the City.
3, Payment for Vendor's Services. The total price for these services is $66,554.00.
Payment to Contractor for all charges under this Agreement shall be in accordance with this
Agreement and a schedule of charges or lasks reflected in Exhibit "A". The Contractor shall make
no 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.
4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during
the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty
Page I of 4
Imperial Electrical ofFt. Lauderdale, Inc.
SIB
(30) days written notice to contractor. Upon termination, the City may re-bid the project if the
contractor fails to perform under this Agreement due to the undisclosed conditions.
5. Insurance. (a) 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 insu~ance
coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by
Contractor, its agents, contractors or employees, as more particularly set forth below:
General liability insurance, including broad form contractual liability coverage for
bodily injury and property damage liability with limits of One Million Dollars
($1,000,000) combined single limit occurrence.
Such insurance shall not diminish Contractors indemnification obligations hereunder. The
insurance policy shall be issued by such company, in such forms and with such limits of liability and
deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance,
which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an
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's Risk
Management Department. All insurance policies and certificates of insurance shall provide that the
policies may not be canceled or altered without thirty (30) calendar days prior written notice to the
City's Risk Management Department. The City reserves the right from time to time to change the
insurance coverage and limits of liability required to be maintained by Contractor hereunder.
6, Relation to Parties. It is understood and agreed that nothing contained in this Agreement
shall be deemed to create a partnership, joint venture, other association, or an employer/employee
relationship between the Contractor and the City. Contractor shall be in the relation of an
independent contractor and is to have entire charge, control and supervision of the work to be
performed hereunder.
7. Compliance with Law. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
8. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of
its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any
person and destruction of property resulting from the performance or breach by Contractor of its
limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence.
Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that
insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or
materialman's lien against the interest of the owner of the property.
Imperial Electrical ofFt. Lauderdale, Inc.
Page 2 of4
SIB
9. Assienment. This Agreement shall be binding upon and shall inure to the benefit of the
City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of
substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is
personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its
obligations to City hereunder without first obtaining the City's consent in writing. Any such
attempted assignment or delegation shall be deemed of no legal force and effect whatsoever.
10. Term. The tenn of the Contract shall commence upon execution, and shall tenninate upon
completion of work described in Exhibit "A". The City shall have the right to cancel this Agreement,
at any time during the tenn hereof, upon thirty (30) days notice to the Contractor. Payment will be
made only for work completed to the satisfaction of the City. Contractor is to commence
perfonnance of work on the Commencement Date and continue in a diligent manner until work is
complete. Contractor acknowledges that compliance with the commencement and completion
schedule is on the essence of this Agreement. The tenns of paragraphs 7 and 8 hereof shall survive
tennination of this Agreement.
II. Notices. All notices and other communications required or pennitted 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 confinnation 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: if to the City one to Christopher J.
Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles
Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the
Contractor: C/o Ross J. Terango, for Imperial Electrical of Ft. Lauderdale, Inc. is 966 N.W. 51St.
Place, Fort Lauderdale, FL 33309.
12. Governine Law. The validity of this Agreement and the interpretation and perfonnance
of all of its tenns shall be construed and enforced in accordance with the laws of the State of Florida,
without regard to principles of conflict of laws thereof. The location of any action or proceeding
commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of
Florida.
13. Remedies for Breach. Should Contractor fail to perfonn, City shall notify Contractor in
writing of such failure to perfonn and Contractor shall have thirty (30) days of receiving such notice
to cure such failure. If Contractor is unable to cure such failure to perfonn then City shall receive a
refund equal to the actual cost of a third party to cure such failure, The City may sue for damages in
circuit court. If City fails, refuses or is unable to perfonn any tenn of this agreement, City shall pay
for services rendered as of the date of termination.
14. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in
the event suit or action is instituted to enforce any of the tenns or conditions of this agreement, the
losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate
court, together with reasonable attorney's fees for the anticipated cost of collection and judgment
enforcement.
Imperial Electrical of Ft. Lauderdale, Inc.
Page 3 of4
SIB
15. Miscellaneous.!n 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. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes. This' Agreement shall
constitute the entire agreement between the parties with respect to the subject matter hereof, and it
shall supersede all previous and contemporaneous oral and written negotiations, commitments,
agreements and understanding relating hereto. Any modification of this Agreement shall be effective
only if in writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting
granting such waiver.
16. Conflicting: Provisions: The terms and conditions in this agreement supersede any
other conflicting provisions that are contained in any other document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on
the day and year first written above.
WITNESSES:
IMPERIAL ELECTRIAL OF
FT. LAUDERDALE, INC
,-b.~!i:dJ
/ tI
BY:
I4--rT~ <S'T ;
.~~ tLiJh~~
. . Q~ C~JLJ
\
CITY OF SUNNY ISLES BEACH
APP OVED AS TO FORM AND
LEGAL SU Ie y
BY:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Page 4 of 4
Imperial Electrical of Ft. Lauderdale, Inc.
SIB
SECTION 00300
BID FORM
Bid of
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Address
c} Gl~ N 0(2.., HL~ e <S;T
(CIC)4) Ill- So ~O
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Phone
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to furnish all materials, equipment and labor and to perform all work in accordance
with the Contract Documents for construction of: Sunny Isles Sampson Oceanfront
Park Landscape Lighting Improvements, located in CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site
of the proposed work and is familiar with the nature and extent of the work and
any local conditions that may in any manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for
by the Bidding Documents, in the manner prescribed therein and to the standards
cf quality and perforr,-Iance established by the Engineer for the unit price amounts
stated in the spaces herein provided, for each of the items or combination of items
stipulated, Unit price line items shall include cost of implementing all applicable
safety requirements, Bidder acknowledges that estimated quantities scheduled are
approximated for the sole purpose of obtaining comparative bids for determination
of the 10\'Iest responsible bidder and actual quantities. .required may increase or
decrease. Bidder further agrees that payments will be made on the basis of actual
quantities placed and accepted in the construction.
05/04
00300-1
03-4465
BID SECuRITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount
of $ 5% (not less than 5% of the bid) made payable to the Owner which may be
forfeited as liquidated damages if, in the event this proposal is accepted, the
undersigned fails to execute the Agreement and furnish and pay for the required
performance and payment bonds for the Owner within 10 days after acceptance of
the Bid; otherwise said certified or cashier's check or bid bond will be returned to
the undersigned,
The undersigned Bidder agrees to commence work within 10 days after the date of
written Notice to Proceed, and further agrees to substantially complete the work
within 150 consecutive calendar days after the date of written Notice to Proceed,
subject to such extensions of time allowed by the Conditions of the Contract.
The undersigned Bidder also agrees to complete the entire work within 180 days
after the Contract time commences to run,
The undersigned Bidder agrees that this Bid shall be good and may not be
withdrawn for a period of 90 days after the scheduled closing time for receiving
bids.
The undersigned agrees to forfeit to the QINner, as liquidated damages for each
calendar day elapsing between the date established as the date of substantial
completion and the actual date of such substantial completion of the contract
work, the amount of $ 500.00 per calendar day.
The undersigned further agrees to forfeit to the Owner, as liquidated damages for
each calendar day elapsing between the date established as the date of final
completion and the actual date of final completion of. the contract work, the
amount of $500.00 per calendar day.
05/04
00300-2
03-4465
ADDENDA
Bidder ackn9wledges the receipt of Addendum No. 's
//
1 . 1-' , 2. , 3. , 4. , 5.
Dated this ~ day of -::30 N E
(month)
200~
(year)
--:-- r:- /" L
Contractor: \ mPel'ZIAL C.cECtftlfA-L- it:- I-t'fLi A\..lDcfZ.,Or~L
-:::i::'"uL1
Address:
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t-... Dr'l./~\I~ F<.., S l<;, I L-A( ,~
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SEAL
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
05/04
END OF DOCUMENT
00300-3
03-4465
Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements
Bid
Item
Description
Estimated
Quantity Unit Unit Price
I. GENERAL
05/04
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. Written
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Having examined the place of the work and all
matters referred to in the Instructions to
Bidders and the Contract Documents prepared
by Calvin, Giordano & Associates, Inc.,
Engineer for the above mentioned project, we,
the undersigned, hereby offer to enter into a
Contract to perform the work of the base
contract for the Lump Sum Price which
includes the entire project as shown on the
plans and described in the specifications.
1 LS $6L~. ~S-f
./
TOTAL BASE BID
s/ '~Sll(
-. ~_-:.~
(Contractor)
JMPERlAL ELECTtiICAL
OF FT. LAUDERDALE INC
966 N.W. 51st P!ac~ .
Ft Lauderdale, FL 33309
n1-8080 .
00300-4
Estimated Total
$ tti SS-cJ
,
1$ ft>s:)~l I
(Date)
03-4465
Bid Bond
00401.,1
03-/H65
DOCUl'v1i:::NT 00401
BID BOND
BIDDER (N8me and Address):
------.--Im~e~~~~_~~l~~tEical of Ft. Lauderdale
-96"6 NW 51st .~~_C;l_<;'.~__"__."
Ft. Lauderda.le.l.._n...~111Q9__._.",_._.
SURETY (Name and Addr~s::; of Principal Place of Business.l.:
Travelers Casualty and Surety Company of Ameri!;,? __...._.._......_
One Tower 2..9.~Je _._.._______
Hartford, CT 06183
Ov,!NER (Name and Address}:
CITY OF SUNNY ISLES 6EACH
17070 Collins Avenue, Suite 250
Sunny Isles 1i~~~.<:'J)., Florida 331 GO
~'''-'''''''~'''.~ .............-...---.-
BID
BID DUE DA TF.: June 21, 2004
prWJECT (Brief Des.-:ription including Location):
Sunnl[. Isles Sampson Ocean Front Park.:: _b.~!ld~C:,~~".Lighting Improvements
BOND
-------SaND NUMBER: N/ A
D~\TE; (Not later than Bid Due Date}; June 21, 2004
PENAL SUM: Five percent of amount bid-----:,=-_._.._.___.__
:i'J "'1fTNESS \NHEREOF, Surety and Bidder, intendir.3 to be legally bound hcroby, subject to th~
t3r:113 pr;nted on the r::l'lerse side hereci', do each cause this Bid 80::d to be c!uly executed 0" it~
bGh;:t1f by its authori;::ed officer, agent, or representative_
BIDDER
Impe~i~l Ele~tcical of Ft. Lauderdale
SURETY
Travelers Casualty and Sur~ty Company of America
$"-------.. _-----=.(8eal) _____._:____-------'-___.___. ___,(S~C!!)
.13'~~am.,~.F.02. rate S~." . sur.t~J'm"~ CO~.~fJor;JTr:' sej ... _
B,}:~-/0~,~~ :. ~ r.~ By: ...._ 1.t-~~:_.-_~--."~-J:L~---_
. I(~ature and Tltlo \ " Slgn;.lT\lre and Title
// . (Attach Power of ~ttorn?yl
~:/ " Karen 1. DeBardas, AttorneY-J.n-Fact
Attest: ..:tiD-.,J) \ j\ M~ r1.c$. i:) Attest: Licensed FL Resident Agent
Sign a tu r (l and Titl e --A-s--P-esig~itn r Jl ~ ~ r:l Pffl1 g-r---cl-crt-t'Cl'T n e -"
NotG:
( 1)
(2)
Above addresses are to be lIsed for giving requir:-:d notice,
Any singular reference to Bidder, Surer.y. Owrwr Qr other p:Jrty shall be
consider0d plural where applicable.
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 20U2 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section -102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
2/03
TR.\ VELERS CASUALTY A...'ll SFRETY COMPA.'iY OF AMERICA
TRA YELERS CASUALTY A.l'ID SURETY COMP A1'4Y
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
K'iOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND .SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Brett Rosenhaus, Melinda Rosenhaus, Karen L. Debardas, of West Palm Beach, Florida,
their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and
all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the
duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed,
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign \\ith the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other \\Titings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more ol1icers or employees of this Company, provided that each such delegation is
in \\Titing and a copy thereof is tiled in [:le offic.:: of the Secretary.
VOLE;) l:w :u:y bOELi, reccgnin::ce, contract of ir.J..:mnity, or \\Titing obligatory in the nature of a bond, r.::cognizance, or conditional
t.ir,Je;takmg shell! at: valid and binding ,,;::on the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
S':::1:0; Vice Prcsiien: cr ?r:y V;c'~ Pr,~:,:_"~nL :In\' Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
:\SSlstant Secn.:tarv and duly atTested ,u;J sealed with the Company's seal by a SecretJry or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomt:ys-in-L:c[ and Agents pursuant to the power prescribd in his or her certificate or their certificates of authority or
bv ant: or more Comran:, o/licers pu,suant to a \\Titten delegation of authority.
This Power of Attorne:y and Certiticate of Authority is signed and sealed b)' facsimile (mechanical or printed) under and b)'
authorit)' of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPA~Y OF AMERICA, TRAVELERS CASUAL TV A~D SURETY COMPANY and FARMINGTON CASUALTY
. CO:\IPAN\:', whIch Resolution is now in full force and effect:
VOTED: 111at the signature of each cf the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, :lny Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attornt.:y or to any certiticate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bends and undertakings and other \\Titings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certiticd by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future \\ith respect to any bond or
undertaking to which it is attached.
( 11 .CO Standard)
DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
SURETY {Name and Address of Principal Place of Business}:
OWNER {Name and Address}:
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
BID
BID DUE DATE:
PROJECT {Brief Description including Location}:
BOND
BOND NUMBER:
DATE: {Not later than Bid Due Date}:
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duiy executed on its
behalf by its authorized officer, agent, or representative.
BIDDER
SURETY
(Seal) .
(Seal)
Bidder's Name and Corporate Seal
Surety's Name and Corporate Seal
By:
By:
Signature and Title
Signature and Title
(Attach Power of Attorney)
Attest:
Attest:
Signature and Title
Signature and Title
Note:
(1 )
(2)
Above addresses are to be used for giving required notice,
Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond
00401-1
03-4465
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of
Bidder's bid and the total amount of the bid of the next
lowest, responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1,1, If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1,2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum
set forth on the face of this Bond,
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents and Contract
Documents,
3.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding
DJcun~en:3 and any performance and
payment bonds required by the Bidding
Documents and Contract Documents, or
....:.~. ~,n tics are ~e;ecti;;d :;'{ O"'/ner, or
3.3. Owner faiis tJ issue a notice of award to
~iddar '.vi:hi:; :r-.e time specified in the Bidding
DGc'.2me,,:s (Gr an'! extension thereof agreed
to in writir.g b'l Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof),
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after
receipt by8iddar and Surety of written notice of default
from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due,
5, Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue
notice of award agreed to in writing by Owner and
Bidder, provided that the total time for issuing notice of
award including extensions shall not in the aggregate
exceed 120 days from Bid Due Date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of default
required in paragraph 4 above is received by Bidder and
Surety and in no case later than one year after Bid Due
Date,
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8, Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal delivery, commercial courier or by
United States Registered or Certified Mail, return receipt
requested, postage pre-paid, and shall be deemed to be
effective upon receipt by the party concerned,
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby,
10, This Bond is intended to conform to all applicable
statutory requirements, Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable provision of this Bond conflicts with any
applicable provision of any applicable statute, then the
provision of said statute shall govern and the remainder
of this Bond that is not in conflict therewith shall
continue in full force and effect.
11, The term "bid" as used herein includes a bid, offer
or proposal as applicable.
Bid Bond
00401-2
03-4465
SVv'ORN STATEMENT PURSUANT TO SECTION 287. 133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FOR~l MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORlZED TO ADMINISTER OATHS.
l.
This sworn statement is submitted to ell"
o ~ s-.; oJ~:d --=:rSI..E<; \3 E ALri
[p~t name of the public entity]
\ l'tF<, \ DE ;\JI
by ~oSS .~. \ E i2.AN 6-0
[print individual's name and title] (
for :Ir(\ (.lEi2.I.C\L PLEc:r12..1 (AL 0'; ~DI2....f
[print name of entity submitting sworn statement]
LA\~.J E 12-\) A LA?
I
-
-L-...;,c.
whose business address is
\
(I G ~~ N::; <'2..:tH l-.;e~-r" 5 \ .;;- ? L- ALe:
./""". . ",.
\ -0'2.""1 LA vi) c r2...D A Lt }.-u.:;; j Ll u(-\ ~ 3 '3 cr;
,
and (if applicable) its Federal Employer Identification Number (FEIN) is :;(1 \ to aLl 2\ t:;
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
2. I 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 ofthe 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 or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3, I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statues,
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 trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An 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,
executives, 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 market value under an ann's length
agreement, shall be a prima 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.
5. I understand that a "person" as defined in Paragraph 287.l33(l)(e), 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 "person" includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity,
Form PUR 7068 (Rev. 06/11/92)
00402-1
03-4465
6, Bas~d 011 information and beliet: the statement \vhich I have marked belo',v is true in relation to the enti~(
submitting this sworn statement (Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its 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, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 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, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 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 ofthe final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONL Y
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 INFOR1V1 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. - ff~. '"'0)
~i) :--~/
'" ~gnature]
S worn to and subscribed before me this \ D
--
day of ,,j,~ 1\.i C
,20C'j
Personally known
/
OR Produced identification
Notary Public - State of ~\..C (2.. \ G> (~
(Type of identification)
My commission expires:::f~...1 L..\..::. lee,:;;
(Printed typed or stamped
commissioned name of notary pu~lic)
,. i__ _'. .: ~. ~..... ' . ~
,d.":. r,:,-:,..,. \'\('.'V"r,:> ~lIl"
~~.." ". <I:~ \/~ ;~!.:~,.,~~..::'.::~!".: '['~('IS:77 ~~'~~.~:
.... , .:';:'l:6,}fj.C~, " '.':"~
. .,,' .
Form PUR 7068 (Rev. 06/11/92)
00402-2
03-4465
DOCUMENT 00403
TRENCH SAFETY ACT
(90-96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the
Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of
Florida) effective October 1, 1990. The bidder further identifies the costs of such
compliance to be summarized below:
If applicable, the Cor:tractor certifies that all trench excavation done within his control ;n
excess of five feet in depth shall be in accordance with the Florida Department of
Transportation's Special Provisions Article 1 25-1 and Subarticle 125-4.1 (TRENCH
EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances and costs are included in his bid
package.
END OF DOCUMENT
05/04
00403-1
03-4465
DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information, Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
1.
Contractor's Name/Address: -::Iml?€12.\.A__ E'LE"L"'-a.\ C~\...
'1 U (.;. ~.J ' I;..). ~ I PLl~ ( €.
~c;l.. l Au;)c/Z.~I'\LG. ~L' 333cti
I
Contractor's Telephone Number: ~I t)''i )/1' - 1] 0 CD 0
rJ .p ~Oa..1 LA~ ;)tf(ZI)Al,.G -:rN'-.
,
2.
3.
Contractor's License:
Primary Classification:
E.c.. GODOY} ~
E\...~(.-r,'Z.I('At... CCI.Jl"(2.AC...-o I'Z...
4, Number of years as a Contractor in construction work of the type involved in this Contract:
3 (j '-J ~ A R.. S
5. List the names and titles of all officers of Contractor's firm:
'R cr:>s ->. \ E ,2. A N (.... b
-;>{-\f\llL.I,'".l. \e f2.A".l c' 0
Vv1.ES,\ [)~ N\
'J
V I L E. I ,'2. E ~ j D ~ }.) I
6. Name of person who inspected site or proposed work for your firm:
Name: Qcss
-
. \ E \Z.A~ ~ c
Co hJDLI
( 7 Al l) A \"Y1 G ,"2. 0 (~,~,
ul~cLI
Date of Inspection:
7. What is the last project of this nature you have completed?
Lc~ 6 ~E;'I
f\ A-rllR.t-.
A<2-EA
8. Have you ever failed to complete work awarded to you; if so, where and why?
Qu
05/04
00420-1
03-4465
9. Name three individuals or corporations for which you have performed work and to which you
refer:
bRcl..uA CZ-D (C":o.JIY ?Aa.~ ~ QECQ.~A-r\ C~
3i'Z..CI.-UA (2..i) CCIl1fT1 v N11 C c ,-U:=' (_.;;
1=612.1 E \J E: I2.bLA \)E S
10. List the following information concerning all contracts on hand as of the date of submission of
this proposal. (In case of co-venture, list the information for all co-ventures).
NAME
OF
PROJECT
CITY
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
'3 CC DA'J \ E. 5001000'';'''0 'Jul...j 0"
~(Z..I G\JE Il<:'t.,:\i)~ ""}tLl,'/wccI) 20, OlO'..o
'~\\LU(l -:!.....r-rG::l2... \- Al..Le' l)A-LtZ ~ CDD,~:J
(Continue list on inset sheet, if necessary)
O~ b(')) ~ b
c-
D"h
11 . What equipment do you own that is available for the work?
rACA\.lAIOIZ
D v rl) eT ,'-Gel(
--
\ ~2..E .'~C H S ((.
12.
What equipment will Y-)u purchase for the proposed work?
, an~
, NOTE: Attach additional sheets jf required.,
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
05/04
00420-2
03-4465
LIST OF SUBCONTRACTORS
The Bidder SHALL list belolN the name and address of each Subcontractor who will perform work
under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of
the work which will be done by such Subcontractor, After the opening of Propc;>sals. changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors
must be properly licensed.
Work to be Performed
Subcontractor' 5 Name/Address
1.
{)cnE
AlA
I
2,
3,
4.
5,
6.
7,
8,
9,
10.
NOTE: Attach additional sheets if required.
05/04
00420-3
03-4465
~
ReDlv to:
o 1800 Eller Drive
Suite 600
FOr! Lauderdale, Florida 33316
(954) 921-7781
(954) 921-8807 fax
o 560 Village Boulevard
Suire 340
West Palm Beach, Florida 33409
(561) 684-6161
(561) 684-6360 fax
o 2546 S.w. 30th Avenue
Pembroke Patk, Florida 33009
(954) 456-8689
(954) 458-7653 fax
J
<3
l
I
lil
Calvin, Giordano & Associates, Inc.
Engineers Surveyors Planners
R I':'" C i!:_~ ~ \\ i!7"~"n-l
b . b~~. ,;::: (.,,4 j
JUL 0 7 2004 I
~ity of Sl;~nv ~~ji1s. :-' _,::,:;-h
~'ffIC& of t"l) CiiY M,;.~:,~::,'. _"
July 6, 2004
Christopher J. Russo, City Manager
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
. Sunny Isles Beach, Florida 33160 -
Re: . Sunny Isles Samson Ocean Front Park Landscape Lighting
Improvements .
Recommendation of Award
Project No: 04-4465
Dear Mr. Russo:
FoUr (4) bids were received for the above referenced project and are tabulated as
shown on the attachment Bids have been reviewed and checked for calculation
errors. Imperial Electrical Of Fort Lauderdale, from Fort Lauderdale, FL was the
low bidder with a total bid of $66,554.00. Licenses and references of Imperial
Electrical of Fort Lauderdale were verified.
This office recorrimends that the award of the contract be made to the lowest
bidder, Imperial Electrical of Fort Lauderdale in the amount of $66,554.00 based
upon lump sum price.
If you have \ any questions o~ require anything further, please contact the
undersigned.
Sincerely,
?i V{ij)G10RDANO& ASSOCIATES, INC.
Yk!~h .'
J. Scott Gombar, P.E.
Associate
JSG/sb
Attachment
cc: Dennis J. Giordano, CGA
File
C:\Documents and SettingslAdministrator\My Documents\SUNNY ISLES BCINSG-03-4465.Rec award.doc
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Replv to:
o 1800 Eller Drive
Suite 600
Fort Lauderdale, Florida 33316
(954) 921-7781
(954) 921-8807 fax
o 560 Village Boulevard
Suite 340
West Palm Beach. Florida 33409
(561) 684-6161
(561) 684-6360 fax
o 2546 S.w. 30th Avenue
Pembroke Park. Florida 33009
(954) 456-8689
(954) 458-7653 fax
Calvin, Giordano & Associates, Inc.
Engineers Surveyors Planners
July 6, 2004
Christopher J. Russo, City Manager
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Sunny Isles Samson Ocean Front Park Landscape Lighting
Improvements
Recommendation of Award
Project No: 04-4465
Dear Mr. Russo:
Four (4) bids were received for the above referenced project and are tabulated as
shown on the attachment. Bids have been reviewed and checked for calculation
errors. Imperial Electrical Of Fort Lauderdale, from Fort Lauderdale, FL was the
low bidder with a total bid of $66,554.00. Licenses and references of Imperial
Electrical of Fort Lauderdale were verified.
This office recommends that the award of the contract be made to the lowest
bidder, Imperial Electrical of Fort Lauderdale in the amount of $66,554.00 based
upon lump sum price.
If you have any questions or reqUIre anything further, please contact the
undersigned.
Sincerely,
I 9~ r'GIORD~O & ASSOCIATES, INC.
;-c.> c;:"---,''-" \
.---.,..-------.-.
J. Scott Gombar, P.E. .
Associate
JSO/sb
Attachment
cc: Dennis 1. Giordano, CGA
File
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uNNY it F Cityof SunnyIsles Beach NS Eddcu ,Moor
F% g r Gerry
up Mayor
°/ °m 17070 Collins Avenue,Suite 250 Gerry Goodman,Vice Mayor
o Sunny Isles Beach,Florida 33160 aariyn Drain.Commissioner
ili x Danny Iglesias,Commissioner
X3as)947-0606 City Hall Lewis Thaler,Commissioner
•� �' X305)949-3113 Fax Christopher J.Russo,City Manager
'•r�ow� o.e (305)947-2150 Building Department Lynn M.Dannheiner,CM,Attorney
or sue er (305)947-5107 Fax Jane A.Hina,City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Christopher J. Russo,City Manager
DATE: July 22, 2004 •
V'1
RE: SAMSON OCEANFRONT PARK LANDSCAPE LIGHTING
IMPROVEMENTS
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution awarding Bid No. 04-
05-01 Samson Oceanfront Park Landscape Lighting Improvements to Imperial Electrical of Ft.
Lauderdale("Imperial Electric").
REASONS
The Samson Oceanfront Park is in need of landscape lighting improvements. As such, the City
issued Bid No. 04-05-01 Samson Oceanfront Park Landscape Lighting Improvements.
Specifically, the improvements include up-lighting for the trees, the addition of receptacles for
holiday lighting, and upgrading the electrical service throughout the park to current standards
and codes. The project description involves services related to power, distribution, light fixtures,
conduit,wires,directional bore, and restoration.
Four (4) bid responses were received, and Imperial Electrical has been deemed the most
responsive, responsible bidder. They have submitted a proposal in the amount of Sixty-Six
Thousand Five Hundred Fifty-Four Dollars($66,554.00).
ADDITIONAL INFORMATION
Our Capital Projects Management Consultant, Calvin Giordano & Associates, Inc. has reviewed
the bids and checked for calculation errors. Also, they have verified the licenses and references
of Imperial Electric and recommend award of bid.
CJR/pw
Agenda Item
Olp•Landscape Lighting Agenda Memo
Date