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Home My WebLink AboutReso 2006-993 RESOLUTION NO. 2006-ii:.9.3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 06-06-02 TO AND ENTERING INTO AN AGREEMENT WITH ROGAR MANAGEMENT & CONSULTING OF FLORIDA, LLC FOR RECLAIMIING UTILITY EASEMENT BETWEEN 186TH STREET AND 191sT STREET WEST OF COLLINS A VENUE, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND NINE HUNDRED TWENTY- SEVEN DOLLARS AND FORTY-FOUR CENTS ($109,927.44), ATTACHED 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 is in need of reclaiming a utility easement between 186th Street and 191 st Street just west of Collins Avenue; and WHEREAS, the City issued and advertised Invitation to Bid No, 06-06-02 Alleyway Improvements, and on July 6, 2006, one (1) potential bidder attended the mandatory pre-bid conference, with the bid opening on July 19,2006 at which two bids were received; and WHEREAS, Rogar Management & Consulting of Florida, LLC's bid, attached hereto as Attachment "B", was the lowest and most responsive, responsible bidder with a sealed bid of One Hundred Nine Thousand Nine Hundred Twenty Seven Dollars and Forty-Four Cents ($109,927.44); and WHEREAS, the City wishes to enter into an agreement, attached hereto as Exhibit "A", with Rogar Management & Consulting of Florida, LLC, for reclaiming a utility easement between 186th Street and 191st Street, in a total amount of $109,927.44; and WHEREAS, staff has determined the proposal from Rogar Management & Consulting of Florida, LLC, is the most responsive, responsible bid whose price, terms, and conditions are reasonable and customary; and WHEREAS, the City wishes to enter into an agreement with Rogar Management & Consulting of Florida, LLC, for reclaiming a utility easement between 186th Street and 191st Street, in a total amount of $109,927.44, 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, R2006- Rogar Mgmt & Consulting Alleyway Imp 06-06-02 Page I of2 Section 2, Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No, 06-06-02 to and enters into an agreement with Rogar Management & Consulting of Florida, LLC, for reclaiming a utility easement between 186th Street and 191't Street, in an amount of One Hundred Nine Thousand Nine Hundred Twenty Seven Dollars and Forty-Four Cents ($109,927.44), attached hereto as Exhibit "A", Section 3, Authorization of Mavor, The Mayor is hereby authorized to execute said Agreement. Section 4, Authorization of Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5, Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of October 2006, j<~~. \"t' V Q;i t... "" . ~ ",. r ',)/, t '<'tl' \..')~ ,,'I ATDEST:' \. """ .} ,:,,-'''''''f'~, ":2iS<:'.\''::'A ~ * ~ ,.., ;,' "'j: ,~\. ' ',' ..~ . ,," ~ ", ~ . ; JaneA. ~ines, c;!i.;fC, City Clerk " . I ~\ '.', '. ./ ~. ~ <.}..., . " ',) AiPROVtD'ASTO FORM AND LE S FICIENCY: Moved by: C t>)'ot\~~ "I(~L~<;;;Ii'lS Seconded by: C6'mtw\.\~ GOOt"l~ Vote: 5-() Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler V (Yes) V(Yes) --.1Lf..Y es) 0..Yes) ....0Y es) _(No) _(No) _(No) _(No) _(No) Rl006- Rogar Mgmt & Consulting Alleyway Imp 06-06-02 Page 2 of2 CITY OF SUNNY ISLES BEACH ROGAR MANAGEMENT & CONSULTING OF FLORIDA, LLC SERVICE AGREEMENT CONTRACT NO. C0607-001 THIS AGREEMENT ("Agreement") entered into this ~day of 0 Q.40b.e..e... 2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and ROGAR MANAGEMENT & CONSULTING OF FLORIDA, LLC, authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D,# is 743148751. RECITALS WHEREAS, the City is in need of a contractor to reclaim the utility easement located between 186 Street and 191 Street, as more specifically described in Attachment A, ("Services"); and WHEREAS, Pursuant to Bid No, 06-06-02, Contractor has expressed the ability and desire to provide theses Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to contract with Contractor to provide the Services described in Attachment "B", attached hereto and made a part hereof. NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof, 2, SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "B" attached hereto, and incorporated herein by reference, The Legal Description of the site of this project is specified in Attachment "A" attached hereto, which is incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, 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 the City's property, improvements and persons, 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 the Services pursuant to the terms of this contract and City must undertake the completion of performance 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 Contractor's failure to perform the Services, C0607-001 Rogar Management & Consulting SeIVice Agreement SIB City of Sunny Isles Beac" 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3, COMPENSATION: Contractor shall be compensated a total fee of One Hundred and Nine Thousand, Nine Hundred and Twenty-seven Dollars and Forty-four Cents ($109,927.44). Payment will be made to the Contractor as invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachment "B", The City shall pay the invoiced amounts within thirty (30) days after receipt of the invoice, The Contractor shall make no other charges to the City for supplies, labor, 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 (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: 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, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability, o 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, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage, o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000), Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City, 2 C0607-001 Rogar Management & Consulting Services Agreement SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Such insurance shall not diminish Contractor's indemnification and obligations hereunder, The insurance policy(ies) 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 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'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) days prior written notice to the City, 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. 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, 6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City, 7, INDEPENDENT CONTRACTOR RELATIONSHIP: 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, 8, COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local goverrunental 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. Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code ofthe City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting," As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards, 3 C0607~OOl Rogar Management & Consulting Services Agreement SIB City of Sunny Isles Beae" 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9. WAIVER OF LIABILITYIINDEMNITY: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. 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 City property, 10. ASSIGNMENT: 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, II. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end sixty (60) days following the execution of this Agreement, upon the completion of Services described in Attachment "B", The term of this Agreement may be extended for an additional Sixty (60) days, as necessary, in writing by the parties hereto, The City shall have the right to cancel this Agreement, at any time during the term 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 performance 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 the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 12, 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: 4 C0607-001 Rogar Management & Consulting Services Agreement SIB City of Sunny Is/es Beaell 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Ave, City of Sunny Isles Beach Sunny Isles Beach, Florida 33160, 18070 Collins Avenue Ph: 305-947-0606 Sunny Isles Beach, Florida 33160, Ph: 305-947-0606 If to the Contractor: Jose G, Garcia Vice President Rogar Management & Consulting of Florida, LLC P,O, Box 164336 Miami, FL 331/6 (305) 962-8641 13. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms 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 legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida, 14, REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure, If Contractor is unable to cure such failure to perform, then City shall receive a refund from the Contractor in an amount 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 perform any term of this Agreement, City shall pay for services rendered as of the date of termination, 15. ATTORNEY'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 terms 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. 16, 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, 5 C0607-001 Rogar Management & Consulting Services Agreement SIB City of Sunny Isles Beaell 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax C, 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. D, Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. 17, 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 triplicate on the day and year first written above. WITNESSES: CONTRACTOR: Rogar Management & Consulting of Florida, LLC BY: ~t9N' 4, I~ Jose G, Garcia, Vice President '.:< .> ATTEST , / .,- c:~, t;-~ 'J,ane Hines,'~MC, City Clerk ..~ . ~ ( , /1', APPROVED AS TO E LEGAL SUFFI I 6 C0607-001 Rogar Management & Consulting Services Agreement SIB ,eEGAL'DESCRIPTION: A twenty-foot alley located between 18S street and 191 street in Golden Shores, more particularly described as follows: t "A" Attacbmen Twenty (20) foot alley ways of Block 1 and part of Block 2 of Golden Shores Ocean Boulevard Estates See "D" (pbS3, Pg48), together with part of Block 2 and 3 of Ocean Boulevard Estates See "A" (Pb48, Pg39), together with part of Block 3 of Golden Shores Ocean Boulevard Estates Section "B" (pbSl, Pg 15) as recorded in the public records of Miami Dade County, Florida, . . .'. ~III: . I . .- ~:"i~~--;!?2;T.,7";'-I": .. ~ ") ;~~. ' . :'! ! 15.1...; i , r;;' :.1 ~-'~'-. l~' ~-:-"!~ ': '; ;~= , I "" t ! I .-' .. -- L..j. ,.;. ',.1,. ,,~ ~. ~ :. 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"-"-'--.-. ._-~-... --. --"-; ,oj , ,'.. ; ~.. .' :. = ~ l~. .: ; " Tuer H ~' ..::.i: (:. . I'; ~ :':!' ,:'./ :'it I :- .. , " ,.. ""j '<.)' . ,- , , . 't-=- ,2:: .' , '-' -.. '.....' "'~ ,t.', ~1IT7 . , .'" ,',' ;~.., ::-., 'I'-~ '':''~~, , . . ~, . ':'"' ~~~- - -'. --- ". -'- ..i. ':, ~ /' ruc, I . . . " 'I -.j...,.....:."...,:.i~-j · ' , ;:,; .~,.'::;,:. ~i:~F;: ",{ . ~'.. . ~:'..(. .. , " , ,.; ," .. ,';,'.: ';:.: ' \ ... : ~ . '. " ::: " ....~ .7 . ,"'" ..1 :'Y. ":"~..i:t. '.' . t ':, '. .t,: k<'::tt ~f'~~~i "1 ::.::~.,~~ :~;. '. !. ....I~~ ......... . t t ~ ..' . t .; .~..~.; .:'.::'Jt:-".:>.i . . ,," " ..,..' .," '.._.L_._..__ ,.~,'."~7''':'''7-~:''':' ~.~~. i; . i. J '." . " ".:. . ". ~ 2t> ~ IO~ i..Le:y' -..:' "- -':"~--::-.- --'--.- . '. :1 I ::. -1 f, ..i . " i . ! ~, r I I ' L'tA~r L: ~ :.! .,... '. . ~- -~r------~ , I . ,-: 'f' .-.j " ..... .i .,' ." ._0,/ B '." ~. -.v rlAer . Attachment "B" SECTION 00300 Bid of { 0." \t{CUI\c1 - (-' v"v" ~t D <~_. ',. r Address -\ . - () . -U:::' 'x ILA ~ =30 I n. I liT'YI i ft1 Phone t:s (':> ':}') q I.e.. ;;; - f..c. 4 ( BID FORM \ <':" C 1""1<., <, ,C'V,S0\ \; L\(' .f- F/cHCQC\., L-Lc 331 L0 To furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of the following, Shadowbox Fence System consisting of furnishing and installing 1,790 +/- linear feet of six-foot (6') high shadowbox fence and demolition and removal of all structures within the alley way located in CITY OF SUNNY ISLES BEACH, To: CITY OF SUNNY ISLES BEACH 18070 Collins Avenue 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 of quality and perfonnance 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 lowest 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 06/06 00300-1 03-4138.C SIB Alley Way Improvements UNIT PRICE BID SCHEDULE Item No. Description I. DEMOLITION/SITE PREPARATION I, Demolish and remove all existing structures within the alley way n. CIVIL WORK 2. Furnish and install six-foot (6') shadowbox fence, including paint. m. GENERAL 3. Maintenance of Traffic 4, Mobilization and Demobilization of all equipment and personnel (not to exceed 5% of total bid amount) 5. Contingency (20% of bid amount) GRAND TOTAL (Items 1-5) Ore t-k'll\~ I!<('(~ ~llflOt) SCVlC~ ~, ~YN( 4,A:u-<-~ (Authorized Signature) 06/06 Estimated Quantity Unit Unit Price Estimated Amount LS ~O(JJ.(Q)$ ~/)On. 00 1,790 00300-2 03.4138,C SIB BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of the bid or $5,000.00, whichever is less 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 perfonnance 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 1Q 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 oftime 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 60 days after the scheduled closing time for receiving bids, The undersigned agrees to forfeit to the Owner, 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, ADDENDA Bidder acknowledges the receipt of Addendum No.'s 1. ,2. ,3, ,4, ,5, Dated this _ day of (month) (year) Contractor: h L' l) L'-Y '[11 Cl., \(" 9f-'\V\~, Address: '\p < D. Y:)C'\ 1 {" -4 ::j '3 {. . I { ,-(l tt 'f\'~ L [' ~. 0.\',")0 lile) Dr- 6(<c{~ I -' ' ,\1l'l(t '{t~ ;rr /' '1 31 / (;> ( . SEAL . Attachments: Subcontractor List Bid Security Trench Safety Act documentation END OF DOCUMENT 06/06 00300-3 03-4138,C SIB 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 18070 Collins Avenue Sunny Isles Beach. Florida 33160 BID BID DUE DATE: PROJECT (Brief Description including Location): City of Sunnv Isles Beach Allev Way Improvements Bid No, 06-06-02 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 tenns printed on the reverse side hereof, do each cause this Bid Bond to be duly 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 (Attach Power of Attorney) Signature and Title 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 03-4138,C SIB I. 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 lotal amount of Bidder's bid and the tolal amount of the bid of the next lowest, responsible and responsive bidder as detennined 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 ofthis 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 perfonnance 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 Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a nolice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by 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 by Bidder 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 slatement 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 B-ond 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 10 execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is inlended to confonn 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 stature shall govern and the remainder of this Bond that is not in conflict therewith shall conlinue in full force and effect. II. The term "bid" as used herein includes a bid, offer or proposal as applicable. Bid Bond 00401-2 03-4138.C SIB SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES L '17 ' bcC'\c by for whose business address is VO C. b('y , . ,,-- -1''{ \(It^1 I~\l_ I (; ~ /) 30 l2, lIt-, and (if applicable) its Federal Employer Identification Number (FEIN) is I -4 3 { -4 9. -; S I (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 of 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 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.l33(1)(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 infonnation after July I, \989, as a result of ajury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere, 4, I understand that an "affiliate" as defined in Paragraph 287.] 33(1 )(a), Florida Statutes, means: \, 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 arm'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 287,133(1)(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. Fonn PUR 7068 (Rev, 06111/92) 00402-1 03-4138,C SIB 6, Based on inforrnation and belief, the statement which I have marked below is true in relation to the entity submitting t0/8 sworn statement. [Indicate which statement applies] V 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 swom statement, or one or more of its officers, directors, executives, partflers, 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 ofa 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, 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 deterrnined 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 I (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. ". , , ;< l ' I l/ 1, , _____~/J ,A'/ /\ ' < (.{ /.(,/ [signature] Sworn to and subscribed before me this i .k day of" . ..J 0\. Lei ,2012.0 Personally known .t/' OR Produced identification Notary Public - State of[:'/ VI' I cia ~ (P ~ ped or stamp~ commis 'onedR8tTleoTnotary public) . ,,"~'AIIt, Anabella Grohoskl /ftiS'A""'{~ Commission # 00426398 ;;,;, i;g Expires May 29, 2009 9 '401f'', .. _385-701 ;':f.'IJ:'~~BondtdTro1Fa\n.'nsu'anc.,Inc.&lO Ililll\ (Type of identification) Form PUR 7068 (Rev. 06/11/92) 00402-2 03-4138,C SIB 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 I, 1990, The bidder further identifies the costs of such compliance to be summarized below: Trench Safety Measure (Description) Unit of Measure (LFSF) Unit (Quantity) Unit Cost Extend ed Cost A, B. C. D, ~~ Total $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4,J (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. ~''l~' 4 ~~ Signa ure of Bidding Contractor END OF DOCUMENT 06/06 00403-1 03-4138.C SIB 7. 8, 06/06 DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall furnish the following infonnation. Failure to comply with this requirement may cause its rejection, Additional sheets shall be attached as required. t I. \I\(t\,\(i.\ '~\.V\c>.:t. Z C~o~,\c:,c. ,0 7- 2, Contractor's Telephone Number: (?,c S~ q (:-...;;; - 9b""'i r Contractor's License: t') () 5 13'~ f:~ -::l= Primary Classification: C G ~ 1 ~:, ) Ll 3, 4, N~mber of years jls a Contra~tor i construction work of the typ in~olved in this Contract: '0 \,'\\..~ Ct,1,V I l' -, >C-:. ..... vl ,~ 4;;1 ,:. Co~(",;. e( Ov'l1.\':(c;; yec\v"S '''1 'i0)e: .. "~"L;;;;\;'('Y' List the names and titles of all officers of Contractor's finn: \CSC' -1 cJ.\,[ l' e 1 5, 6, Name of person who inspected site or proposed work for your finn: -- ' Name: _ ( (' c, e Date oflnspection: t'7 - 6 ('.1.'("C~ <'\ , G//['J{)&, , I What is the last project of this nature you have completed? r.f V1-1 r e " '1 ::;-tCl i (!C(,10'1 f'r D, ()::-r: Have you ever failed to complete work awarded to you; if so, where and why? -NO 00420-1 03-4138,C SIB 9, B6 Z tel - 003 (~DS)~lO -SI DO 10, List the following information conceming all contracts on hand as of the date of submission of this proposal. (In case of co-venture, list the information for all co-ventures). NAME TOTAL OF CONTRACT PROJECT CITY VALUE ~1 '-e S:~;1. ;to n/{J.l1 flYJ(7) ~~-t"ILeI"11fl-'~ ,('\),O:!.j q8 WDtJ I / CONTRACTED DATE OF COMPLETION % COMPLETION TO DATE CAe ~v , 3t1 ~ tJ (Continue list on inset sheet, if necessary) II, What equipment do you own that is available for the work? ~(LC(tH-oe-, . le <( ~-L / ~~(~_Ie,'(k L C{'" Ij ~o 1^.1hty t3c1 C(:Jf!o(' SYiJ, L<5 I (, ( { ( 1 {( f( oi!n' C;ue?- ?:;;u;fJ()&:r-- \2. What equipment will you purchase for the proposed work? ~\i\-- NOTE: Attach additional sheets if required, If requested by the City, the Bidder shall furnish a notarized financial statement, references and other infonnation, sufficiently comprehensive to permit an appraisal of his current financial condition. 06/06 00420-2 03-4138.C S\B LIST OF SUBCONTRACTORS The Bidder SHALL list below 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 Proposals, 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 I. steJ\i\ce :rw~;:hl~(l1'\c,,, Subcontractor's Name/Address \" ? G\ . L-&w\'\ ':>t'lfviCeS \C\4S c.;, Jv. 2()7'Sr-' ~-i\\tt-'fl'\; 1L,:" 3ff)) 2. 3. 4, , 5, 6, 7, 8, 9, 10. NOTE: Attach additional sheets if required. END OF DOCUMENT 06/06 00420-3 03-4138.C SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlog City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net December 7, 2006 Jose G. Garcia, Vice President Rogar Management & Consulting of Florida, LLC. P.O. Box 164336 Miami, Florida 33116 Re: Reclaiming Utility Easement (Alleyway Improvements) Agreement Dear Mr. Garcia: At its regular meeting of October 19,2006, the City Commission adopted Resolution No. 2006-993, which awarded Bid No. 06-06-02 to and entered into an agreement with Rogar Management & Consulting of Florida, LLC ("Rogar") for the above. Attached are an executed, original agreement and a copy of the approving resolution for your files. Thank you. V ery truly yours, ~~<L~ Priscilla Walker, CMC Deputy City Clerk :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City ManagerlServices Doug Haas, Assistant City Manager/Finance Shaun S. Gelvez, Contracts Coordinator Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Rogar Utility Easement (Alleyway Improv) Exec Agrmt Trans Ltr City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk October 24, 2006 Jose G. Garcia, Vice President Rogar Management & Consulting of Florida, LLC. P.O. Box 164336 Miami, Florida 33116 Re: Reclaiming Utility Easement (Alleyway Improvements) Agreement Dear Mr. Garcia: At its regular meeting of October 19,2006, the City Commission adopted Resolution No. 2006-993, which awarded Bid No. 06-06-02 to and entered into an agreement with Rogar Management & Consulting of Florida, LLC ("Rogar") for the above. Attached are the three (3) original agreements for execution and witnessing by Rogar. Upon completion, please return all three (3) originals to my attention. I will then finalize processing of the agreements and return one original agreement and a copy of the approving resolution to your attention. Should you have any questions related to the processing of this agreement, please call me at (305) 792-1703. Thank you. Very truly yours, ~~W~ Priscilla Walker, CMC Deputy City Clerk :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City Manager/Services (w/o attachments) Shaun S. Gelvez, Contracts Coordinator (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Rogar Utility Easement (Alleyway Improv) Agrmt For Sig Llr TO: VIA FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vi"c Mayor Gerry Goodman, Commirrimlrr Danny Iglesias, ({JmmirrirJl/cr Lewis J. Thaler, (flmmiJ.rim/('1" A John Szerlag, Cily Mun'~~tr Hans Ottinot, Cily /II/on/C)' Jane A Hines, Cily Oerk MEMORANDUM Honorable Mayor & Gty Commission A John Szerlag Gty Manager J orge Vera, Assistant Gty Manager October 19,2006 REG..,AIMING UTILITY EASEMENT 1861HSTREET - 1915T STREET WEST of COLLINS AVENUE RECOMMENDATION: It is recommended that the Commission approve a contract with Rogar Management & Consulting of Florida, liC for reclaiming a utility easement between 186th street and 191 st street just West of Collins Avenue. The winning bid for removing everything located within the twenty foot easement and constructing a wooden 6' shadow box privacy fence is $109,927.44. REASONS: Reclaiming this easement is necessary for the Gty to proceed with the Florida Power & Light under grounding program already established. After formal advertising, only two bids were received. Rogar was the most responsible and responsive bid of the two. ADDITIONAL INFORMATION: Funds for this project are coming from the Collins Avenue Street Improvements, line item 2.1 Agenda Item IQA Date .- ~~, To: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-21 SO Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM A. John Szerlag, City Manager James Watts, Public Works Director Jane A. Hines, CMC~ ~ City Clerk July 19,2006 Public Opening of Bid No. 06-06-02, Alley Way Improvements For your information, attached is a listing of the responses received for Bid No. 06-06-02, and proposals. Please note that Pios & Sons did not attend the Mandatory Pre-Bid Conference. Thank you. Attachments c: Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager Sabrina Baglieri, Asst. Director of Construction Srvs, Calvin, Giordano & Assoc. ,.J" City of Sunny Isles Beach Bid Opening Invitation to Bid No. 06-06-02 Alley Way Improvements (Calvin Giordano & Associates Project No. 03-4138.C) 18070 Collins Avenue, Commission Chambers, Sunny Isles Beach, FL 33160 Opening Date and Time: Wednesday, July 19,2006,11:00 a.m. PRESENT: James Watts, Public Works Director Sabrina Baglieri, Calvin Giordano & Assoc. Jane A. Hines, CMC, City Clerk Mauricio Betancur, Administrative Coordinator ...ill. responses to Bid No. 06-06-02 were received: 1. Rogar Management & Consulting of Florida, LLC ( 1 original received) P.O. Box 164336 Base Bid Amount: $109,927.44 Miami, FL 33116 *2. Pios & Sons Enterprises, Inc. 320 Atlantic Avenue Sunny Isle Beach, FL 33160 ( 1 original received) Base Bid Amount: $276,244.80 . SubinittedJ)y:' .~. "'" Jane A. Hines, CM~, City Clerk :- *Note: Pios & Sons Enterprises, Inc. did not attend the Mandatory Pre-Bid Conference. Page 1 of 1