HomeMy WebLinkAboutReso 2006-965
RESOLUTION NO. 2006-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH PI OS & SONS ENTERPRISES, INC. FOR
THE CONSTRUCTION AND DELIVERY OF TWENTY-ONE (21)
BEACH ACCESS SIGNS AND POSTS, IN THE AMOUNT OF
EIGHTY-SIX THOUSAND FIVE DOLLARS AND FIFTY CENTS
($86,005.50), A TT ACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MA YOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Bid No. 06-06-0 I, the City is in need of a contractor to
construct and deliver twenty-one (21) Beach Access signs and posts to be installed by the City at
various designated locations, ("Services"); and
WHEREAS, Pi os & Sons Enterprises. Inc. ("Contractor") was the lowest, responsible
bidder; and
WHEREAS, the City wishes to enter into an Agreement with Contractor to provide the
desired Services at a cost not to exceed Eighty-Six Thousand Five Dollars and Fifty Cents
($86,005.50); and
WHEREAS, the Contractor shall deliver the completed Beach Access signs and posts on
or before Sixty (60) days of this Resolution's effective date.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Agreement. The Agreement with Pi os & Sons Enterprises, Inc. for
the construction of Beach Access signs and posts, in the amount of Eighty-Six Thousand Five
Dollars and Fifty Cents ($86,005.50), attached hereto as Exhibit ""A". is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Services
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
Pios & Sons Enterprises, Inc.
PASSED AND ADOPTED this -u.5d-- day of ~. ,2006.
~ ) /
tJ'y1//~~4 '
orman S. Edelcup, Mayor
ATTEST:
~tl~
Jane A. Hines, CMC, City Clerk
Vote: i....(),t
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman -Ab<;~r
Commissioner Iglesias
Commissioner Thaler
Pios & Sons Enterprises. Inc.
Moved by: Co~ lH ~
Seconded by: v\ 0 M<f.ljt>y S'R~"ZJN
~(Yes)
V(Yes)
_(Yes)
l,../""(Yes)
V"""'(Y es)
(No)
(No)
(No)
(No)
_(No)
CITY OF SUNNY ISLES BEACH
PI OS & SONS ENTERPRISES, INC. SERVICE AGREEMENT
CONTRACT NO. C0506-75
THIS AGREEMENT ("Agreement") entered into this L' ~.}- day of S~~
2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a
municipal corporation of the State of Florida, and PIOS & SONS ENTERPRISES, INC., authorized
to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal Employer
Identification # is 65-0198879.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to construct and deliver
twenty-one (21) new Beach Access signs and posts to be installed by the City at various designated
locations in the City; and
WHEREAS, pursuant to Bid No. 06-06-01, Contractor has expressed the ability and desire to
supply the Beach Access signs and necessary posts, excluding installations, as described in Attachment
"A"; and
WHEREAS, Contractor shall furnish all materials, equipment, labor and to perfonn all work
for the construction of Beach Access signs ("Services"); and
WHEREAS, the City desires to contract with Contractor to supply the Beach Access signs and
posts; and
NOW THEREFORE, in consideration of the premIses and the mutual covenants herein
names, the parties agree as follows:
TERMS
1. RECIT ALS: 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 "A" attached hereto, and
incorporated herein by reference. The Services shall be perfonned 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 perfonned. 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
C0506-75 Pios & Sons Consulting Selvice Agreement
Exhibit "A"
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Ci(I' of Su II "Y Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
City for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a rcsult of the Contractor's failure to perfonn the Services.
3. COMPENSATION: Contractor shall be compensated a total fee of Eighty-Six Thousand
Five Dollars and Fifty Cents (5)86,005.50) upon receipt of twenty-one Beach Access signs and posts of
the same quality and design as provided in the Bid Specifications in Attachment "A". 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 "A". 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.
I f the City disputes any charges on the invoices, it may make payment of the uncontestcd 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 perfo1111ance 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 perfonn 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 perfonned 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 fonn 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).
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C0506- 75 Pi os & Sons Consulting SClvice Agreement
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'..' ~ l ~
Ci(l' of Sunny Isles Beach
18070 Collins Avenue. Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-
insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The
insurance policy(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
fonns 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 \VRITING 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 perfonned hereunder.
8. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local govel11mental authority having jurisdiction with respect to this
Agreement ("Applicable Laws") and shall obtain and maintain any and all material pernlits, 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 of the 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
3
C0506- 75 Pios & Sons Consulting Selviee Agreement
, !,
City ofSullllY Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beach, the City Commission may tenninate this Contract for violation of the above-referenced ethical
standards.
9. WAIVER OF LIABILlTY/INDEMNITY: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 hannless 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 perfonnance 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 perfonnance 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.
11. TERM: Contractor shall deliver to the City twenty-one (21) Beach Access signs and
companion posts, manufactured to the same quality and design standards as required in Attachment
"A", on or before sixty (60) days following the execution of this Agreement. 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 the
essence of this Agreement. Contractor's failure to comply with the delivery schedule shall be grounds
for the City's tennination of this Agreement without further notice to the Contractor. The tenns of this
Agreement shall not be extended without the prior written consent of the City. The tenns of Sections 8
and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive
tennination of this Agreement.
12. 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, retUl11 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, retUl11 receipt requested or by overnight delivery by traditionally recognized courier
service), addressed to such pm1y as follows:
4
C0506- 75 Pios & Sons Consulting Serviee Agreement
f '"
.... .
Ci(l' ofSullllY Isles Beach
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 A venue
Ph: 305-947-0606 Sunny Isles Beach, Florida 33160.
Ph: 305-947-0606
I f to the Contractor: Hector Ortiz
President
Pios & Sons Enterprises, Inc.
320 Atlantic A venue
Sunny Isles Beach, FL 33160
Ph: 305-919-9662
Fax: 305-919-9073
13. GOVERNING 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 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 perfonn, 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 perfonn, 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 perfonn any tenn of
this Agreement, City shall pay for services rendered as of the date ofte1111ination.
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 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 attol11ey'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.
5
r
C0506- 75 Pi os & Sons Consulting Selvice Agreement
. t
Ci(l' (~lSlill"Y Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. This Agreement may be executed in multiple identical counterparts, each of which shall
be deemed an original for all purposes.
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 eflective 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 tenns and conditions in this Agreement supersede
any other conflicting provisions that are c~:mtained in any other document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day
and year first written above.
ITNESSES:
lL
CONTRACTOR:
Pios & Sons Enterprises, Ins.
BY:
ATTEST
CITY OF SUNNY ISLES BEACH
e---- '?h%d~ d>tddu~
an S. Edelcup, Mayor /
~,4~
Jane Hines, CMC, City Clerk
6
C0506- 75 Pios & Sons Consulting Sl'lvil'e Agreement
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Atmchmeot "A"
City Commissio
Norman S. Edelcup, MayG
Roslyn Brezin, Vice Mayo
Gerry Goodman, Commissione
Danny Iglesias, Commissione
Lewis J. Thaler, Commissione
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, CIty Manage
Hans Ottinat, City Attorne;
Jane A. Hines, CMC, City Cler.
MEMORANDUM
To: A. John Szerlag, City Manager
James Watts, Public Works Director
Jane A. Hines, CMC & A. ~
City Clerk
From:
Date:
Re:
June 29, 2006
Public Opening of Bid No. 06-06-01, Beach Access Signs
For your information, attached is a listing of the response received for Bid No. 06-06-01, and the
proposal from Pi os and Sons Enterprises, Inc.
Thank you.
Attachments
c: Hans Ottinot, City Attorney
Sabrina Baglieri, Asst. Director of Construction Srvs, Calvin, Giordano & Assoc.
. f
City of Sunnv Isles Beach
Bid Opening
Invitation to Bid No. D.6-06-01 Beach Access Signs
(Calvin Giordano & Associates Project No. 03-4122.E)
18070 Collins Avenue, 1st Floor Meeting Room, Sunny Isles Beach, FL 33160
Opening Date and Time: Thursday, June 29, 2006, 11:00 a.m.
PRESENT: James Watts, Public Works Director
Sabrina BagIieri, Calvin Giordano & Assoc.
Jane A. Hines, CMC, City Clerk
-1!l response to Bid No. 06-05-01 was received:
1.
Pios & Sons Enterprises, Inc.
320 Atlantic A venue
Sunny Isles Beach, FL 33160
( I original and ~ copies received)
Base Bid Amount: $86.005.50
'Submitted by:
"
~:~~ '~L
-.: Jane A. H~nes, C.MC, City Clerk
"
Page 1 of 1
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SECTION 00300
BID FORM
Bid of
t-~<Os. 1$ Sl.S '~{*QfP(l~S,
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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: Beach Access Signs located in the CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACJ-I
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33 I 60
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 performance 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
05/06
00300- ]
03-4122.E
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BEACH ACCESS SIGNS
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No.
UNIT PRlCE BID SCHEDULE
Description
I. SIGNS
1. Furnish New Beach Access Sign as Per Plans
(Complete Sign and Post) (No Installation)
2. Furnish New Post as Per Plans (Additional Post
Only) (No Installation)
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SUBTOTAL
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II. GENERAL
3. Mobilization (Not to Exceed 5% of Total Bid
Amount)
4. Contingency (5% of Total Bid Amount)
SUBTOTAL GENERAL
GRAND TOTAL (Items I-II)
EA $2 ,iVD. 0<> .$ '5(Q/IDD. DD
EA 41, 2DD. D~ 4:>2.5', "200. Do
Estimated
Quantity Unit Unit Price
21
21
LS ~ I 0 . DO
LS ~t.fOq5. $'0
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~M / (Written) I
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f 'l'u'ho'ize ib
05/06
00300-2
Estimated Amount
$ BJ I gOO.co
d; 10. 00
~YOqs. 5"0
$ Y \05 .50
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$ B(Q, DDS. 5'0
C-Q.~
19 .~g .1Cf1p
(Date)
01-4 I 7) F
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BID SECURlTY
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Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of S 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 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.
I
The undersigned Bidder agrees to commence work within lQ days after the date of written Notice to
Proceed, and further agrees to substantially complete the work within 70 conse~utive calendar days after
the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of tile
Contract.
The undersigned Bidder also agrees to complete the entire work within 70 days after the Contract time
commences to run.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrav,:n li)r 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 Jay elapsing
between the date established as the date of substantial completion and the actual date of slIch 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 far each calendar day
elapsing between the date established as the date of final completion and the actllal date of final
completion of the contract work, the amount of $500.00 per calendar day.
05/06
00300.3
03-4122E
· t-
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
I.
,3.
,4.
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,5.
Dated tl1 is
day of
(month)
(year)
Provider:
'MtfJS {} Su-nS ~h;tupny) bL
'32- D /-itiaitt ~ fJrf Q.-
Address:
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SEAL
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Attachments:
Subprovider List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
O'i/Oo
00300-4
I. 33llLO
03-4122. E
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
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whose business addres~ L. t
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UJS" -01 q '5 K'1Q
and (if applicable) its Federal Employer Identification Number (FEIN) is
(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.
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3.
I understand that "convicted" or "conviction" as defined in Paragraph 287 .133( I )(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
], 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
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4.
I understand that an "affiliate" as defined in Paragraph 287.] 33(1 )(a), Florida Statutes, means:
I. 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.] 33(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
tenn "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
03-4122.E
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6.
Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies]
I
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 pnblic entity crime subsequent to July
1,1989.
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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
1,1989.
I
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
detennined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. [attach a copy of the final order]
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I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THA T PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 3 I 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. n ~ &/ /I /
/__u_ [Sig~
Sworn to and subscribed before me this 2'C.... day of ~IVI.- ,200.;,
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Personally known
Lx'
OR Produced identification
(Type of identification)
Form PUR 70G8 (Rev. 06/11/92)
00402.2
03.4122.E
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:
Trench Safety
Measure
(Description)
Unit of
Measure
(LFSF)
Unit
(Quantity)
Unit
Cost
Extended
Cost
A.
B.
;J I ?\
,I \
C.
D.
Total $
If applicable, the Provider 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 125-4.1 (TRENCH
EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Provider agrees that the above safety compliances and costs are included in his bid
package.
END OF DOCUMENT
05/06
00403-1
03-4122.E
II
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DOCUMENT 00420
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INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
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The Bidder shall furnish the following information. Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
Provider's Name/Address: :Pros J S~~ 'E~b
a-
1.
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2.
Provider's Telephone Number:
3DS q t'1.t=tl.i2lt2
3.
Provider's License: E -I (g R4
Primary Classification: e.~~ ~~/tJ~tJ6
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4.
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Number of years as a P!ovider in construction work of the type involved in this Contract:
11 ~mV"S
5. List the names and titles of all officers of Provider's firm:
II
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Jteili" O( -h 2-
.~ Dr-t1 1-
ad- luY-Q
PresJa~
0Fn (..Q (Y){U'\agu
ks-t. 'tlf:;t:j(o. rYlaVV:iQlf
6. Name of person who inspected site or proposed work for your firm:
Name: ~(k- l)v ~ 2-
Date of Inspection: dlu~ ~
7. What is the last project of this nature you have completed?
.~
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s,
8. Have you ever failed to complete work awarded to you; if so, where and why?
"-' 0 .
05/06
00420- ]
03-4 122.E
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9.
Name three ;nd;v;duals or corporat;ons for B::Jr have performed work and to which you
.~ '\ s:.~~ l~\
. ~DCUL~.u.LQ.( aJv,c.. 3'0;-. ~ jq. t.fuuO
.~_NOl~ &ty V,l\QlJO- 31)3""- 194 727w
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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 TOTAL CONTRACTED %
OF CONTRACT DATE OF COMPLETION
PROJECT CITY VALUE COMPLETION TO DATE
s~, N,'k~ $3')1,WV N"-oV.2:l:U9 e<<.aY.
\. ~ 7~{)(P ~O%
~5J lns. \I.Jh~ V\0{l(~ ~\~/OOO
(Continue list on inset sheet, if necessary)
11. What equipment do you own that is available for the work?
~-Gc:J5OC-
PI ~LLP Tau qc..,
::J"71411 ~ CS
~Botrw S
12. What equipment will you purchase for the proposed work?
{)rsNl. .
NOTE: Attach additional sheets if 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.
05/06
00420-2
03-4122E
I
-
LIST OF SUBPROVIDERS
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The Bidder SHAll list below the name and address of each Subprovider 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 Subprovider. After the opening of Proposals, changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subproviders
must be properly licensed.
Work to be Performed
Subprovider' s Name/Address
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1.
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2.
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3.
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4.
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5.
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6.
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7.
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8.
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9.
,
10.
NOTE: Attach additional sheets if required.
05/06
00420-3
03-4122.E
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!
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We V\(,IS @ ~S 1;~~. acknowledge and agree that as providers
for the construction of the "BEACH ACCESS SIGNS", that we have the sole responsibility
for compliance with all requirements of the Federal Occupational Safety and Health Act of
1970, and all State and Local Safety and Health regulations, and agree to indemnify and
hold harmless the City of Sunny Isles Beach, and Calvin, Giordano & Associates, Inc.,
Consulting Engineers against any and all legal liability or loss the District or the Engineer
may incur due to P,C::> Q SG"t\.~ I ~~. \n'-. failure to comply
with such act.
ATTEST
05/06
Title:
~~tDW
ATE
~usQ s~1?J, I~~.
PROVIDER
By:
END OF DOCUMENT
00650.1
7)( h r-
03-4122.E
Great Florid? Ba.!:iI.:
OFFICIAL CHECK
... . ~.' " .\.' ;"j , . i \ i,' . .
1-866.514-6900
1007
~btt.~ ~Q
DATE
03/06/2006
PAY
.FIVE THOUSAND DOLLARS AND ZERO CENTS ..........
TO THE
ORDER
OF
City of Sunny Isles
MEMO:
SinQ Bit Bond
- ~_. .----..---- -.-.-----------.---.----.
.007
III . t:t 0 8 . III ': 0 b b 0 . 5 5 7 b I: 5 0 0 0 0 7 2 . b III
CHECK NO.
19081
63.1557/660
AMOUNT
*$5,000.00
AZI'--~ Afi
/.' ,.,L /
~7 /
.., AUTHORIZED SI
~ )0\
,
TO:
FROM:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 I 60
(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, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Jean Watson, Finance Director
PuJ~
Priscilla Walker, CMC, Deputy City Clerk
DATE: September 26, 2006
RE: Approval of Beach Access Sign Agreement with Pi os and Sons Enterprises
At its regular meeting of September 21, 2006, the City Commission adopted Resolution No.
2006-965, which approved an agreement with Pios and Sons Enterprises for twenty-one (21)
beach access signs. Attached are an original agreement and a copy of the approving resolution
for your files.
Further, please be advised that Public Works Director Jim Watts has already provided the vendor
with an original agreement and a "Notice to Proceed" for this item.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Jim Watts, Public Works Director (w/o attachments)
Shaun S. Gelvez, Contracts Coordinator
Pios Beach Access Agrmt Memo