RESOLUTION NO. A RESOLUTION ACCEPTING AND AWARDING BID FOR CONSTRUCTION OF ANTHONY PARK AND THE FIFTH AVENUE PARKWAY PARKING LOT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT THEREFOR. 4 /-- WHEREAS, advertisement for bids was published in the Naples Daily News calling for bids for construction of Anthony Park and the Fifth Avenue Parkway Parking Lot; and WHEREAS, bids were received and opened on November 9, 1976, and the Director of Public Works and the Director of Parks and Recreation have recommended that the bid be awarded to the lowest and most responsible bidder as hereinafter set forth, and the City Manager concurs in said recommendation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Naples, Florida: SECTION 1. That the bid for construction of Anthony Park and the Fifth Avenue Parkway Parking Lot is hereby accepted and awarded to Brisson Enterprises, Naples, Florida, as follows: Anthony Park $17,411.00 Fifth Avenue Parkway Parking Lot 6,123.50 /•n•n•••n SECTION 2. The Mayor and City Clerk are hereby authorized to execute contracts covering the bids herein awarded. SECTION 3. This Resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS /:-/ DAY OF DECEMBER, 1976. arry 0. Heineman Mayor ATTEST: Janet L. Davis City Clerk Funds are available and have been budgeted in Account #5732.26 "Capital Improvement Program" and in the Parking Authority Account #1339.07 "Land and Improvements" to cover the bid herein awarded. 2ANed S. Wils Director of Finance 044 . . (4: tyla.e-2,4 735 EIGHTH STREET, SOUTH - STATE OF FLORIDA 33940 OFFICE OF THE PURCHASING AGENT M E M 0 TO: GEORGE PATTERSON, CITY MANAGER FROM: BRAD C. ESTES, PURCHASING AGENT SUBJECT: BID NO. 76-52, ANTHONY PARK DATE: NOVEMBER 23, 1976 Attached are the bid tabulation, list of contractors to whom noLices wore sent, and bid documents for bid no. 76-52, Construction of Anthony Park and Fifth Avenue Parkway Parking Lot. Eight contractors were notified of the bid. The bid was advertised in the Naples Daily News on October 21, and October 28, 1976, and publicly opened by the undersigned on November 9, 1976. Two bids were received. Those bids were forwarded to the Parks and Recreation Department and to Cliff Schneider, City Engineer, for a recommendation, which are attached. The bid provides for a contract. Respectfully submitted, , , / ,n / __.. ../1_ erk----e?1 L ES, Brad C. Este'SP)\,.--------„l-,f.':\ Purchasing A,4eht .c. „:.. APPROVED E. RECOMMENDED: . '--- BCE/mh /' ii -3 i il i • ,)!' N: attachillents% ‘ ' , \!... % - \ 'N, ‘', \I / ' 'S 1 ' 1 i n.,` 't , , i i 1!), 0 /.,11 h' • , -,-.,*: / to A Vs,---";' Jai George W Patterson City Manager (813) 642-3650 00/aWm/enl .._.°1-ellAz and '3'Perteatee-. 72/ 755 EIGHTH AVENUE SOUTH e NAPLES, FLORIDA 33940 AGENDA ITEM MEMO TO: Brad Estcs, Purchasing Agent FROM: George H. Reardon, Jr. SUBJECT: BID #76-52, ANTHONY PARK DATE: November 22, 1976 After reviewing the bid tabulations and proposals submitted for the above referenced project, I am recommending, in the best interests of the City, that the low bidder, Brisson Enterprises, be awarded the project for their net bid of $17,411.00. These funds are available under the Capital Improvement Program, Account 5732.26. Respectfully tt-iiipTiiitted, George-7L Reardon, Jr. Directór of Parks & Recreation GHRJr/Pj cc: Randy Davis /r2 • it to: )67,4-';AL 735 EIGHTH STREET, SOUTH - STATE OF FLORIDA 33940 PUBLIC WORKS DEPARTMENT TO: W.F. Savidge FROM: Cliff Schneider RE: Anthony Park and 5th Avenue Parkway Parking Lot DATE: November 22, 1976 I have reviewed the bids received for construction of Anthony Park and the Parking Authority 5th Avenue Parkway Parking Lot. I recommend that the award be made to the low bidder, Brisson Enterprises, as follows: Anthony Park - $17,411.00 5th Avenue Parkway Parking Lot - $6,123.50 Anthony Park is a Parks and Recreation project and should also be approved by the Director. The 5th Avenue Parkway Parking Lot is a Parking Authority project. The Parking Authority has previously authorized the construction of this project, and have budgeted $9,000. for this purpose. Since/ely, ./4.- 7 • 'we'' . ,1A . , zr..... . 134_ Schneider '.,. Public Works Engincer CS/bn cc: Jackson Boughner, Parking Authority Attachment Recommend Approval:W.7W.F. Savidge,''Public Works Director • PARTIAL BIDDER'S LIST ANTHONY PARK & 5tb AVENUE PARMIAY PARKING LOT 1. Highway Pavers, Inc. 5590 Shirley Street Naples, Florida 33940 2. Brisson Enterprises, Inc. 3763 Prospect Avenue Naples, Florida 33940 3. Toppino, Charley & Sons, Inc. U. S. 41 North Naples, Florida 33940 4. Warren Bros. Company, Division of Ashland Oil Co. 5th Street S.W. Naples, Florida 33940 5, Troup Bros., Inc. U. S. 41 South Naples, Florida 33940 6, Monty Paving Pine Ridge Industrial Park Naples, Florida 33940 7, Taylor, R. W. Paving 5800 Taylor Road Naples, Florida 33940 Send notification of Did to the above listed. ALSO: 8. Wilson Coastal Enterprises, Inc. 2900 - 14th St. No. Naples, Florida 33940 BRISSON ENTERPRISES, INC.' fl ', 7 I L. ,Contractor SECTION E PROPOSAL City of Naples 735 Eighth Street South 33940 Naples, Florida Date November 1976 Gentlemen: The undersigned, as Bidder, hereby declare.'; that the only person or persons interested Dar- in the Proposal as principal or principals is or are named herein, and that no other person than herein named has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company, or parties making bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The Bidder further declares that he has examined the Specifications for the work and the contract Documents relative thereto, and has read all Special ProviSions furnished prior to the opening of bids; and the Bidder further declares, that he has informed him- Par self fully in regard to all conditions pertaining to the work. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the work in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Specifications and Contract Documents, to the full and entire Satisfaction of the Owner, for the amounts contained in the following Bid Schedule Project Date No. PR-2 & SP-76-1 October 1.9 1976 Bid NO. 76-52 E-1 iiDDI2.num ITO4 NO. BID SCHMITI.E ESTDIATIM QUANTITY DESCRIPTION . UNIT PRICE AMOUNT Lump Sum _1/490.00 U1sTIT Part 1 -- Anthony Park-Project 4PR-2 N/A N/A' As Required Cu.Yds. Grading & Compacting N/A N/A Lump Sum Part 1.-4. Construct Basketball Ct, N/A N/A Lump Sum . 3,330.00 Part 1.-5. Const. Paddleball Ct. N/A N/A Lump Sum 5,986.00 Pa-it 1.-6. Const. Baseball Dimond Sand-Clay Infield N/A N/A Lump Sum 3,555.00 NA N/A Lump Sum ],400.00 -Part I.-1. Clearing Part 1,-2. Fill Dirt Part I.-3.. Part 1.-7. EL Grubbing Const. Catch Basin, Headwall, 85 lin.ft. 10" A. C. Pipe 3.00 1,650.00 - 0 17 411.00 Less Cash Discount Total Part I: Net Bid 17,411.00 Part II -- 5th Ave.Parkway Pazkilly Lot Project Na. SP-76-1 Part II.-1 Const. Parking Lot N/A N/A Lump Sum 4,569.50 Part II.-2. Const. Percolation Beds N/A N/A • Lump Sum 612.00 Part 11.-3. Const. Valley Gutter N/A N/A Lump Sum 942.00 Completion Time, Part I: Completion Time, Part II: Less Cash Discount Total Part II: Net Bid Calendar Days Calendar Days 90 -o 6 t 1 23 6,123.50 This Contract will he awarded by Parts or as a Whole in the-best i-mternst of the 0ner. CASH DISCOUNP TERMS: 0 - n DAYS ADDENDUM NO. 1 — ANTHONY PARK, PaYTECT 4PR-2 and 5th AVENUE PARIMY PARKING LoT, PROJECT 4SP-76-1 -- Page E-2, BID SCHEDULE, dated October. 19, 1976, is hereby superseded by the above Page E-2, BID ECM:MULE, dated November 4, 1976. Projoct Na. PR-2 & SP-76-1 November 4, 1976 Bid Na. Date: PROPOSAL - (Continued) (-7 The Bidder further . proposes and agrees to commence, work with an adequte force and equipment at the time stated in the notice from the Owner to him to proceed, and to complete all work in the number of consecutive calendar days bid, from the date started in said notice required by these Specifications. The undersigned further agrees that in case of failure on his part to execute the said Contract and Bond within ten (10) consecutive dalendar days _after written notice having 4.ar, been given of the award of the Contract, the check or bid bond accompanying this bid, and the money payable thereon, shall be paid to the Owner as liquidated damages for such failure; otherwise, the check or bid bond accompanying this Proposal shall be returned to the undersigned. Attached hereto is a statement of orclnizations, list of subcontractors, and similar projects completed in accordance with Paragraph B-09, page B-5 of these Specifications. Attached hereto is a certified check on the Bank Pv of or a bid bond for the sum of Five percent of amount bid mde payable to ii.he city- Dollars (0% of amount bid---------) of Naples Brisson Enterprises, Inc. Contractor By ). /7 i( Title E4 T. Brisson - President Address: 3763 Prospect Avenue Naples, Florida 33940 Project No.__ Oct o er 19 19 76 Date Bid No 76-52 E- 3 '..1.67T791-7 144 SECTION G 'CONTRACT THIS CONTRACT, made and entered into on the , 19 , by day of and between Brisson Enterprises, Inc. , the Contractor, and the City of Naples , the Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Plans, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein. Construction of Anthony Park and Fifth Avenue Parkway Parking Lot. Advertisement to Bid, Specifications, Instructions to'Bidders, General Conditions, Pro p osal, Bid Bond, Contract, Contract Bond, Affidavit. 2. That the Contractor shar commence the work to be performed under this Contract on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within consecutive calendar days from said date. That the Owner hereby agrees to pay to the Contractor for the faithful performance of the Contract, subject to additions and deletions as provided in the Contract or Contract Documents, in lawful Bid No. 76-52 Project No. PR-2 & SP-76-1 Date: October 19, 1976 G-1 SECTION G CONTINUED f-76-) money of the United States, the amount of Dollars ($ ), based on the estimated quantities and unit or lump sum prices contained herein. 4. That on or before the 15th day of each calendar month, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS ten percent (10%) of the amount of such estimate, which is to be retained by the Owner until all work within a particular part has been performed strictly in accordance with the Contract and until such work has been accepted by the Owner. 5. That upon submission by the Contractor or evidence satisfac- tory to the Owner under oath that all persons, suppliers, labor, materials and supplies used directly or indirectly by said Contractor or his subcontractor in the performance of the work provided for in this Contract, including all payrolls, bills, materials, sales tax, privilege tax or license, old age benefits tax, state and federal unemployment insurance, and other liabilities have been paid in full and that there are no outstanding debts due on said project, final payment on account of this Contract shall be made within sixty (60) days after the completion by the Contractor of all work covered by this Contract and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is the essence of this Contract, and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may 76-52 Bid No. Project No. PR-2 & SP-76-1 :Date: October 19, 1976 G-2 SECTION G CONTINUED per day for each day retain the sum of thereafter, Sundays and holidays included, that the work remains uncom__ pleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the Owner will have sustained in event of such default by the First Party. 7. It is further mutually agreed between the parties hereto that if, at any time after thc execution of this Contract and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the 8. The rate of wages for all laborers, m --achanics, and apprentices employed by the Contractor or any sub-c2ntractor on the work covered by this Contract shall not be less than the prevailing rate of wages for similar sk-Hls or classifications of work in as determined and furnished by the State of Florida Department of Commerce, Division of Labor, all as required by Section 215.19 of the Florida Statutes, which section in incorporated herein by reference and made a part of this Contract. Bid No. 76-52 Project No. PR-2 & SP-76-1 October 1-7,1976 .Date: 0-3 79c) SECTION G CONTINUED %. • •. t t) No additional work or extras shall be done unless the same shall 9. be duly authorized by appropriate action by the Owner. If the Contractor is delayed at any time during the progress of 10. the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, Acts of God, acts of the public enemy, acts of the Government, fire, flood, strikes, freight embargoes; or by delay authorized by the Owner, then the time of completion shall be extended for such time as the Owner may decide is reasonable. Any claim for such extension must be made in writing within ten (10) days from the beginning of any such delay. If, at time of final payment for the work, the Owner shall determine that a delay for any reason has not and will not result in any damage to the Owner, liquidated damages on account of such delay as provided herein may be waived by the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first above written, in) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. Contractor WITNESS: By Title ATTEST: Secretary City of Naples, Florida Owner By WI1NESS: Harry E.O. Heineman, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY BY: Janet L. Davis, City Clerk CTTy atorney • T.: \ •• -11,--; 61 ; t ; , — ' jq t , Brisson Enterprises, Inc. A) sEAP,-;‘)./V--„U. f.:41MPAN Y. a corporLI .:•Tcw (4. the ':••••• ;_:p.,7.o of:-.Jusirri firrrOy hound unto CITY OF NAPLES NAPLES, FLORIDA '" An FIVE PERCENT OF AMOUNT BID— of to....A. 1);:r ,.?, . • 9th November Constructioa of Anthony p ark and Fifth Avenue Parkway Parking Lot IS arzi a and 1: 4 • Brisson Enterprises, Inc. Iy Brisson 76 Copy SUltr,'Z'Y CO;‘IPANY Hohntr; No. 7861 VITICI: g -NEW YORK,NI:wYouxc POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: "I'lmt SEABOARD SURETY COMPANY, a corporation of the State of NI CW York, has ma,de, constituted and appointed and by these presents does make, constitute and appoint hurry G. Green or Terry B. Green or Fred L. MacDonald of Lakeland, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bo r‘ds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding, upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VIII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writi%gs relating in any -vay thereto or to any claim O r loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident A ssistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shnll if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its 7th day of MaY , Assistant Secretaries, this SEA130ARD SURETY COMPANY, Attest: (Seal) By Richard H. Lewis q ff?.;t: gQ .T1,,...1-1Q.1.:b x'[..1c)k.,.. J-_. Vice-President Assistant Secretary STATE OF NEW YORK COUNTY OF NEW YORK 7h t . May , 19.7.€.., before inc personally appeared a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides , that he is a Vice-President of SEABOARD SURETY COMPANY, in the State of T.M.i c.l.o.r.2 gy the corporati ,, n described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as \ T ice-President of said Company by like authority. On this day of George T. Holbroo)i,I„ r 4.- . State of New York 111-9010912 Qualified in Queens County Cert. filed in New York County (Seal) Commission Expires March 30, 1978 Samuel C. Simmons Notary Public CERTIFICATE I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as -provided in Article Viii, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the usc of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice - Pi. esident pursuant to Article VIII, Section 1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety 'bonds, underwriting- undertakings or other instruments described in said Article VIII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, these presents ts this I have hereunto set my hand and all clay of the corporate seal of the Company to 'CAVcvA -) .. .. .. . ......... , ( 19 7 ) ...... . 41(4)41 /1!;siA:int Sec rctaiv / . 11,1 I i • " • 1 BID TABULATION .)ity9 n fl ANTHONY PARK AND FIFTH AVENUE PARKWAY PARKING LOT' BID NO. 76-52 PART I - ANTHONY PARK - PROJECT 11PR-2 BRISSON ENTERPRISES NAPLES, FLORIDA HIGHWAY PAVERS, INC. NAPLES, FLORIDA PART I-1 $1,490.00 $3,100.00 $3.00 Cu. Yds. $8.00 Cu. Yds. $1,650.00 $2,500.00 $3,330.00 $2,800.00 t-cONSTRUCT PADDLEBALL JUPT $5,986.00 $6,650.00 PART 1-6 CONSTRUCT BASEBALL DIAMOND,SAND-CLAY INFIELD $3,555.00 $2,300.00 $1,400.00 $700.00 " --T EARING & GRUBBING PART 1-2 FILL DIRT PART 1-3 GRADING & COMPACTING , ' PART 1-4 CONSTRUCT BASKETBALL COURT PART 1-5 PART 1-7 CONSTRUCT CATCH BASIN HEADWALL, 85 LIN. FT. 10" A.C. PIPE TOTAL - PART I ,,..._LESS CASH DISCOUNT i I NET BID - PART I , $17,411.00 $18,058.00 - 0 - - 0 i $37,411.00 $18,058.00 , _.. BID TABULATION ANTHONY PARK AND FIFTH AVENUE PARKWAY PARKING LOT BID NO. 76-52 ----,RT II — FIFTH AVENUE ' l 1 J2KWAY PARKING LOT, PROJECT #Sp-76-1 PART HIGHWAY PAVERS, INC. II-1 $4,569.50 $5,450.00 $612.00 $925.00 $942.00 $430.00 $6,123.50 $6,805.00 LESS CASH DISCOUNT -- 0 — — 0 — NET BID — PART II $6,123.50 $6,805.00 $23,534.50 $24,863.00 CONSTRUCT PARKING LOT / BRISSON ENTERPRISES 1 1 i PART 11-2 CONSTRUCT 1 rERCOLATION BEDS 4 . 1I PART 11-3 CONSTRUCT VALLEY GUTTER a 1 1 r"--- OTAL — PART II TOTAL — PART I AND TI COMPLETION TIME • DAYS 90 DAYS 45 DAYS 45 DAYS —0— — 0 — 90 ,--- PART I COMPLETION TIME PART II 1 CASH DISCOUNT TERMS