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Home My WebLink AboutR-83-1067J-83-1034 RESOLUTION NO. A RESOLUTION ACCEPTING THE BID OF PESTONIT LANDSCAPING AND NURSERY, INC. IN THE PROPOSED AMOUNT OF $88,360, TOTAL BID OF THE PROPOSAL, FOR CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III; WITH MONIES THEREFOR ALLOCATED FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $88,360 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $11,487 TO COVER THE PROJECT EXPENSE; ALLO- CATING FROM SAID FUND THE AMOUNT OF $1,767 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM WHEREAS, sealed bids were received November 14, 1983 for CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III; and WHEREAS, the City Manager reports that the $88,360 bid of Pestonit Landscaping and Nursery, Inc. be accepted as the lowest responsible and responsive bid; and WHEREAS, funds for this project are available from the Federal Community Development Block Grant Fund; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The November 14, 1983 bid of Pestonit Landscaping and Nursery, Inc. in the proposed amount of $88,360 for the project entitled CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III, based on unit prices, is hereby accepted at the price stated therein to cover the cost of said contract. CITY COMMISSION MEETING OF NOV 18 1983 NON N,83-106 7 EMARKS. i �► Section 2. The amount of $88,360 is hereby allocated from the account entitled the Federal Community Development Block Grant Fund to cover the cost of said contract. Section 3. The additional amount of $11,487 is hereby allocated from the aforesaid fund to cover the cost of project expense. Section 4. The additional amount of $1,767 is hereby allocated from the aforesaid fund to cover the cost of such incidental items as ad-ertising, testing laboratories, and postage. Section 5. The City Manager is hereby authorized to enter into a contract on behalf of The City of Miami with Pestonit Landscaping and Nursery, Inc. for CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III, total bid of the proposal. PASSED AND ADOPTED this 18th day of November , PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: zy Attorney Maurice A. Ferre M A Y 0 R 83-1067 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To Manuel Alvarez Special Assistant to the City Manager V;t!D. W. Cather irector Department of Public Works DATE November 17, 1983 FILE B-4491 SuBif `' CITY WIDE COMMUNITY DEVELOPMENT - TREE PLANTING - PHASE III Award of Contract by Pocket REFtRENCES Item for Planning & Zoning Board Meeting of November 18 ENCLOSURES In accordance with your conversation with Pete Long at the Commission Meeting yesterday, I am sending you the resolution and memorandum to award a contract to Pestonit Landscaping and Nursery Inc. for City Wide Community Development Tree Planting - Phase III as a pocket item at the November 18th Commission meeting. We are rushing this item for the following reason: The low bidder, Pestonit, has notified us that he made a mistake in his bid and has ask that he be allowed to withdraw it without forfeiture of his bid bond. We have decided that allowing him to do so would not be in the best interest of the City. We instead, want to award a contract to him as quickly as possible; allow him to refuse to execute the contract documents within the allowed 10 days and if he does not we will then have time to award a contract to the second low bidder on December 8, 1983 and thus maintain our original schedule for starting the work. Regarding the bid bond posted by Pestonit; If and when, Pestonit refuses to execute the contract sent to him i.e. not honor his bid, we will request the Law Department to take whatever action is necessary to take the entire amount of the bond (In this case it is $5500 or 6.2% of his bid - only 5% was required). He and/or his bonding company will no doubt object to the taking and we will end up settling the matter by negotiation or litigation. Obviously, Pestonit did make a mistake in his bid and it only needs to be determined whether or not the mistake made meets all the criterion for allowing him to withdraw his bid. DWC:LEL:mh cc: Howard V. Gary, City Manager Dena Spillman, Director of Community Development Alex Vilarello, Assistant City Attorney Bob Clark, Deputy City Attorney_ TH o oPY R 83-106 7 0 CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM TO Howard V. Gary DATE November 17, 1983 FILE B-4491 City Manager sUe�Ec7 CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III - ,�ot Resolution Awarding Contract Don W. Cather `R Director of Publ c Works REFERENCES (For Planning & Zoning Commission dated ENCLOSURES November 18, 1983) i The Department of Public Works recommends adoption of the resolution accepting the bid received November 14, 1983 of Pestonit Landscaping and Nursery, Inc. in the amount of $88,360; and authorizing the City Manager to enter into a contract on behalf of the City of Miami for CITY-WIDE COMMUNITY DEVELOPMENT TREE PLANTING - PHASE III. Bids were received November 14, 1983 for planting approx- imately 1,000 trees (supplied by City's Park Department) in seven Community Development target areas. The seven areas are Allapattah, Buena Vista, Coconut Grove, Overtown, Edison Park, Model Cities, and Wyndwood. As reflected in the tabulation of bids, the $88,360 bid of Pestonit Landscaping and Nursery, Inc. is the lowest responsible bid for the total bid of the proposal. Funds have been allocated under the Community Development Block Grant Funds for the estimated amount of the contract, for project expense, and for such items as advertising, testing laboratories, and postage. Twelve contractors picked up plans and specifications; _ five contractors submitted bids. The engineer's estimate was $110,000. LEL:hc Resolution attached BIO_A;1ARD FACT SHEET r The City Manager PROJECT NAME AND LOCI^_I0Z1 - CITY-WIDE C.D. TREE PLANTING -PRASE III, B-4491 PROJ?C^ sCOPE - Plant approximately 1,000 trees (supplied by City's Parks Department) in seven (7) community develop- ment target areas. The seven areas are Allapattah, Buena Vista, Coconut Grove, Overtown, Edison Park, Model Cities and Wyndwood. R .'1.'a.LD Cv.:JTF CTION CCST - $110,000 D:�.TE BIDS RECiIji�D - NOVEMBER 14, 1983 NU',-�?*ER OF BIDS RECEIVED - FIVE (5) NAL 0:' LO'.'1 BID,�R - PESTONIT LANDSCAPING & NURSERY INC. A',•10UrIT OF LO•-1 BID - $88 , 360 TOTAL FUNDS TO BE ALLOCATED Ccn;r88,360 Project Expense: 11,487 Incidentals: 1,767 Total $101,614 LENOT'? OF 'T'T-'=_ ALLM1ED 70- CO,ISTRUCTION - ONE HUNDRED (100) WORKING DAYS SOURCE OF FUfM - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Form P1.1 #389 1/31 CITY WIDE COMMUNITY DEVELOPMENT TREE PLANT NG - PHASE III JOB NO. B-4491 CONTRACTOR'S FACT SHEET I. Pestonit Landscaping and Nursery, Inc. 3600 S. W. 102 Avenue Miami, Florida 33165 Phone: (305) 553-0808 II. Principals: Julio Pestonit, President Lucila Pestonit, Secretary III. Contractor is properly licensed and insured. IV. Subcontractors: none required V. Experience: 20 years VI. A minority contractor VII. 12 contractors picked up plans and specifications 5 contractors submitted bids TABULATION OF BIDS FOR Bidder Did Bond �71 .5 IRREGULARITIES LEGEND IT IS RECOMMENDED THAT Q 6Za!�21_111�.'�?/ A . No Power. of- Attorney 0 � proposal Unsigned or improperly Signe! at No Corporate Seat r—P-27-14-1- AIM BID b3- "we mar 0 Improper Did Bond corrected Bid 40 11 • Robert F. Clark Deputy City Attorney CfTY OF MIAMI, rLO RIDA INTER•c-�FFICE MEMORANDUM November 17, 1983 B-4491 CITY WIDE C.D. TREE PLANTING - f� PHASE III - Additional Information — �Js u� er o n g Construction En ineer Department of Public Works Three As promised earlier today, I am sending you a bid analysis done by me, a bid tabulation, and a copy of Pestonit's proposal. LEL:vh 83-106 7 9 Wil-AM �f; P, ,Z iy0 N iv� .5. A 4 !1, A— V -4 '�i- U N. D COMMISSION OF THE CITY OF MIAMI F1 1) _jyP tofilt landi&api! ORlDA es pery, Mc q*,; f, A,�e .rW 4 7- s3600 SW 10' -ADDRES Ak w�, W 9N ve��"Ai `33165 a7. mi z It t: t'll 41 e ntlemen: hiire `uind 'in'* the e as Ln 3N`Zf.'T "undersigned, s i g n e d i's Bidder e i e i n a i d a cul e singular, r k4 ! n� number) 1`* irrespective :of actual ge'n e,hereby '.declares that the persons''':interested -in* this `Pros are herein,',.that no other" "person' has '*'any i'nt"e'rest..."'O' '� this Proposal, or in the Contract to which -',this* Proposal pertains , ',-that this Proposal ..is 'made without 'connection '.arrangement with any other person and that this Proposal "' ...... every respect fair, in good faith And without collusion o r fraud.Jj V4 Bidder furtherdeclares ly % ;that he has comp'ii'e'd 'In' ivery * respect with all of the *Instructions toBidders'that'he" han 7 read all addenda 'issued prior to the opening of 'Bids* "',a-ri'd that he has satisfied himself fully relative to''all matters .,:.,and conditions with respect to the work to which the Proposal - pertains � V Al 4 Documents f r The i proposes 'and agrees', 'if this ;Proposal 'is 4ccipted, to execute all appropriate Contract Docu' 0 t e. purpo.s.e of establishing 'a formal contractural "':relationship between him and The City of - .Miami.,' Florida, -for the I urni*Shing of * .,.,,materials and the .performance of all work to 'which .'this "Pro' --posal .. ... ... pertains. Vill Al `do�traictinA furnish 'i a The Bidder further agrees to execute a -:.. ..-:'Bond 'hundred .(100%) satisfactory one.. percent '..Performance:`''Bond therefor within **ten (10) consecutive "calendar ;days `after .:written notice ",:.being given by the Engineer' of the .award of the Contract V'rV, ;N, j L -m, i; s that this'"'Bid T h e Bidder certifies is based "upon 411 'Items as the Plans and/or listed in these Specifica t Ions, and that he has made no changes in these'Contract Docume-n-t'.."' MM ''cia''..inspected The Bidder further declares that he has refully the site of the proposed work t c e fii e MM B I D B 0 N D State of Florida ) County of Dade ) -SS City -of Miami ) KNOW ALL MEN BY THESE PRESENTS, that PESTONIT LANDSCAPING & NURSERY, INC as Principal, INDEMNITY TNRURANCE rOMPANY nF NORTH AMPRTr-A as -Surety, are held and firmly bound unto The City of Miami, in the penal . sum of FIVE THOUSAND FIVE HUNDRED AND N0/100 Dollars (5 s.soo_oo ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, 1-ur heirs, executors, administrators and successors, jointly and severally, firmly. by these presents --"THE CONDITION OF THIS OBLIGATION IS SUCH, -that whereas the_ 'rinc ipa3 -=has gubm_ ittV6 -the accompanying bid,•' dated N6-ember ..�'.�'! •� .ti. .Ll, i.Lw�.T V. �� • .. ... . •.. .. .. . .AWN A . Y. \V.• :.. 1 i_-19 83 , for: CITY WIDE COMMUNITY DEVELOPMENT --- -_-- - - - -- TREE PLANTING - PHASE III low, THEREFORE:JOB NO. B-4491 ;a) If the principal shall not withdraw said bid within sixty (60) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, b) in the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and _ give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for whidh the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall D-5 , 8 3--106 7 11 no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 8th day of November , A.D., 198_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to ,authority of its governing body. WITNESSES: (If Sole Ownership or PRINCIPAL: Partnership, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) �4RRXXX RX XX XX FLORIDA RESIDENT AGENT BURTON HARRIS PESTONIT LANDSCAPING & NURSERY, :INC. (Name of Firm) 0".. Affix Seal Si t e oriz d Officer) Jul o Pes It ; f ...._ President... - `_ ;,r:� - -._. _....... _. _ .. Title - .._...._ 3600 S.W. 102 Ave., Business Address Miami Florida 33165 City State Zip SURETY: INDEMNITY INSURANCE CO. OF NORTH AMERICA (Corporate Suret ) .-._ .-.Affix Seal Signature of Authorized -Officer) BURTON HARRIS ATTORNEY -IN -FACT (Title) 10131 S.W. 40th Street Business Address) Miami Florida 33165 City State Zip .' . 83-106 7 1 f /17 -; f G I _ `��.5fd?1 T G �Z� e-/,, .�// . i['/er/!G e i Z 0. - �/9-0 0.i9, G., s' xz 1 od�1ict's . - , 1r/v3. Z, 5, , i��y� G, ;'� o. e. �. ;