HomeMy WebLinkAboutR-2012-073 - Authorized Payment to Sports Turf One, Inc. for Reimbursement of Performance Bond not to exceed $2,493.91 for C.W. Thomas Park Football Field RESOLUTION NO. 2012-073
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING PAYMENT OF INVOICE NO. 8058 IN
AN AMOUNT NOT TO EXCEED $2,493.91 TO SPORTS TURF ONE, INC.
FOR REIMBURSEMENT FOR PURCHASING OF A PERFORMANCE BOND
IN CONNECTION WITH THE LASERING AND RE-SODDING OF THE C.
W. THOMAS PARK FOOTBALL FIELD PROJECT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February3, 2012 Request for Proposal ("RFP")) No. 12-005 went out to
bid but the standard Performance Bond form was inadvertently omitted from the RFP package
and responses were received to the bid; after review of the responses to the RFP, Sports Turf
One, Inc. was awarded the C. W. Thomas Park Football Field Lasering and Re-Sodding Project;
and
WHEREAS, upon noticing that a Performance Bond was not supplied, Sports Turf One,
Inc. was requested by the City to purchase the Bond and the City was provided a copy of it; and
WHEREAS, a copy of the invoice, together with a copy of the Performance Bond are
attached as Exhibit "A", and they are made a part of and incorporated into this Resolution by this
reference;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the reimbursement to Sports Turf One, Inc. for purchasing the
Performance Bond for the C. W. Thomas Park Football Field Lasering and Re-Sodding Project
in the amount of$2,493.91 is approved.
Section 2. That the funding for reimbursement will be provided from the following
General Fund—Recreation Department accounts:
"Improvements other than Building Account", Account No. 001-7205-572-63-10 for $2,000.00,
and "Equipment Maintenance Account", Account No. 001-7205-572-46-10 for$493.91.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on June 12, 2012.
ATTEST:
LOUISE STILSON, C C PATRICIA A. FLURY
CITY CLERK MAYOR
�PRp'S Fll�t
APPROVED AS TQjO AND CORRECTNESS:
THOM S J. S13 O
CITY ATTORNEY
2 RESOLUTION#2012-073
SPORTS TURF ONE, INC. Invoice
9819 STATE ROAD 7
BOYNTON BEACH,FL, 33472 Date Invoice#
TEL#561-369-7994 5/3/2012 8058
FAX#561-364-1118
Bill To
CITY OF DANIA BEACH
ATTN:MS JOAN LAMPKIN P.O. NO./DO NO.
LEGAL ASSISTANT
100 W DANIA BEACH BLVD
DANIA BEACH FL 33004
EMAIL 2
Terms CONTACT PHONE FAX EMAIL
Net 30 JOAN LAMPKIN 954-924-6800 X 3632 954-921-2604 jlampkin@ci.dania-beach.fl.us
Description Quantity Rate Amount
CW T 40MAS PARK-BID:RFP#12-005
PERFORMANCE BOND
PERFORMANCE BOND FEES...BOND FEE(S)FOR THIS 1 2,493.91 2,493.91
PROJECT.
PERFORMANCE BOND $2,198.91
RECORDING FEE 85.00
COURIER FEE 45.00
ADMINISTRATIVE FEE 165.00
PLEASE REMIT TO ABOVE ADDRESS.THANK YOU, Total
1 ` $2,493.91
Balance Due $2,493,91
E-mail
scotth@sportsturfone.com
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Bond No:479216P
Performance Band
KNOW ALL MEN BY THESE PRESENTS: that
(Here insert full name and address or*get title or contractor)
Sports Turf One,Inc.,9819 State Road 7,Boynton Beach,Florida 33472
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or regal title of Surety)
Developers Surety and Indemnity Company, P.O.Box 19725,Irvine,CA 92823
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here Insert NB name and address or legal title of owner)
City of Dania Beach, 100 West Dania Beach Blvd.,Dania,Florida 33004
as Obligee, hereinafter called Owner, in the amount of
—Eighty Six Thousand Seven Hundred Ninety Three and 00/100--Dollars ($86,793.00),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns,jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated April 11.2012. entered into a contract with Owner for
(Here insert full name,address and descaptlon of project) ,
Laser Grading&Re-Sodding of C.W. Thomas Park Football Field
in accordance With Drawings and Specifications prepared by
(Here Insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
ALA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•ALA 0
FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.2M
I
PERFORMANCE BOND
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,If Contractor shall promptly and faithfully
perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or under the contract or contracts of completion
extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;but
Whenever Contractor shall be,and declared by Owner not exceeding,Including other costs and damages for which
to be In default under the Contract, the Owner having the Surety may be liable hereunder,the amount set forth in
performed Owner's obligation thereunder, the Surety may the first paragraph hereof. The term "balance of the
promptly remedy the default,or shall promptly contract price," as used in this paragraph, shall mean the
total mount payable by Owner to Contractor under the
1) Complete the Contract in accordance With its terms and Contract and any amendments thereto, less the amount
conditions,or properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before
accordance with its term and conditions, and upon the expiration of two(2) years from the date on which final
determination by Surety of the lowest responsible bidder,or payment under the Contract falls due.
if the Owner elects, upon determination by the Owner and
the Surety jointly of the lowest responsible bidder,arrange No right of action shall accrue on this bond to or
for a contract between such bidder and Owner, and make for the use of any person or corporation other than the
available as work progresses(even though there should be Owner named herein or the heirs,executors,administrators
a default or a succession of defaults or successors of the Owner.
Signed and sealed this 8s' day of May, 201L
moons Turf One.Mc. _
(Principal) . (Seal)
fitness)
(Titre)
aIndemnItY Company
(Surety) '^ .
(Seal)
Mfit ess) ' ----
"(Tltie)Uure D.MQ. old ^,Attorney-In-Fact&
Florid"esldent Agent
Inquiries: (407)330-3990
AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA
FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2
Nielson, Mosholder&Associates
A member of Nielson&Company,Inc.
4380 St.Johns Pkwy, Ste. 110, Sanford,Florida 32771
(407)330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05(lxa)
PAYMENT BOND
BOND NO: 479216P
Contractor Name: Sorts Turf One, Inc.
Address: 9819 State Road 7
Boynton Beach,Florida 33437
Phone No: 561-375-7808
Surety Company: Developers Surety and Indemnity Company
Surety Address: P.O.Box 19725
Irvine,CA 92623
Surety Phone No: 407-330-3990
Owner Name: City of Dania Beach
Address: 1_00 West Dania Beach Boulevard
Dania,Florida 33004
Phone No: 954-924-680
Obligee Name:
(if different for property owner)
Obligee Address:
Obligee Phone No:
Project Name: Laser Grading_&Re-Sodding of C W.Thomas Park Football Field
Dania,Florida
Project Location: City of Dania Beach_Florida
Legal Description: Laser Crradin&&Re-Sodding of C W Thomas Park Football Field
Dania,Broward Coun ,Florida
i
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Bond No:479216P
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:that
Sports Turf One,Inc.,9819 State Road 7,Boynton Beach,Florida 33472 (Here Insert full name and address or legal title of eontracto0
as Principal,hereinafter called Contractor, and,
Developers Surety and indemnity Company, P.O.Box 19725, Irvine,CA 92623 Mare Insert full name and address or legal title of Sureto
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
City of Dania Beach, 100 West Dania Beach Blvd., Dania, Florida 33004
as Obligee, hereinafter called Owner, in the amount of
--Elghty Six Thousand Seven Hundred Ninety Three and 00/10o--Dollers($86,793,00),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns,jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement datedApril 11,2012. entered into a contract with Owner for
(Here Insert full name,address and description of proiecq
Laser Grading d Re-Sodding of C.W. Thomas Park Football Field
in accordance with Drawings and Specifications prepared by
(Here Insert full name and address or legal Utie of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA 0
FEBRLIARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON. D.C. 20008
3
'i
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined,for all labor and material used or reasonably required for use In the performance of the Contract,
then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions:
1. Claimant is defined as one having a direct contract accuracy the amount claimed and the name of the party to
with the Principal or with a Subcontractor of the Principal for whom the materials were furnished,o for whom the work or
labor,material,or both,used or reasonably required for use labor was done or performed. Such notice shall be served
in the performance of the Contract,labor and material being by mailing the same by registered mail or certified mail,
construed to Include that part of water, gas, power, light, postage prepaid,in an envelope addressed to the Principal,
heat,oil,gasoline,telephone service or rental of equipment Owner or Surety, at any place where an office Is regularly
directly applicable to the Contract. maintained for the transaction of business,or served in any
2. The above named Principal and Surety hereby Jointly whichethewhich afo esaaiidl project 13rocessaocated,,ssavebe sed Intit attasuch
and severally agree with the Owner that every claimant as service need not be made by a public officer.
herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on b)After the expiration of one(1)year following the date on
which the last of such claimants work or labor wee done or which Principal ceased work on said Contract, it being
performed, or materials were furnished by such claimant, understood,however, that if any limitation embodied in this
may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
as may be justly due claimant,and have execution thereon, as to be equal to the minimum period of limitation permitted
The Owner shall not be liable for the payment of any costs by such law.
or expenses of any such suit.
c) Other than in a state court of competent jurisdiction in
3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
any claimant: in which the project,or any part thereof,is situated,and not
a) Unless claimant,other than one having a direct contract elsewhere.
with the Principal,shall have given written notice to any two 4. The amount of this bond shall be reduced by and to the
of the following: the Principal, the Owner, or the Surety extent of any payment or payments made in good faith
above named, within ninety (90) days after.such claimant hereunder, Inclusive of the payment by Surety of
did or performed the last of the work or labor, or furnished mechanlds liens which may be filed of record against said
the last of the materials for which said claim is made,stating improvement, whether or not claim for the amount of such
with substantial lien be presented under and against this bond.
This bond Is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this
bond for payment must be In accordance with the notice and time 11mlt8tion provislons in Section 255.05r2), Florida
Statutes.
Signed and sealed this tea' day of May , 201L
Sports Turf One.Inc..
(Principal) A�c-utt' rn, �' �... . (Seal)
ltness)
(ritle>
i"OVan
6ev 1_ d Indemnity ComoenV
(Sur C_
(Seal)
(Titre Laura D as a der,
1 Attorney-In- aZ"t�
&Flo da Resident Agent
inquiries:(407)330.3990
AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AIA
FEBRUARY 1970 ED • THE AMERiCAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W., WASHINGTON, D.C. 20006 4
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19726,IRVINE,CA 02823(949)263.3300
KNOWALL BY THESE PRESENTS that except es expressly limfied,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitule and appoint:
`"'Laura D.Mosholder,Katherine S.Grimsley,Edward M.Clark,Jointly or severalty'"*
as Its true and lawful Adomey(s)-In-fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bands,undertakings and contracts of suretyship
ghing and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every ad necessary,requisite or proper to be done in connection therewith as each of said
corporation could do,but reserving to each of sold corporation full power of substitution and revocation,and of of the acts of said Atiomey(s)-in•Facl,pursuant to Mae presents,are
hereby ratified and confirmed.
This Pourer of Attorney Is granted and is signed by facsimae under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM-
NITY COMPANY,elfecdo as of January tat 2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President any Executive Vice-President Senior VimPresident or vice-President of the corpo.
ration be,and that each of them hereby Is,authorized to execute this Power o(Attomey,Wang the aftomey(s)named in the Power of Attorney to execute,on behalf of the corporation,
bonds,undertakings and contracts of sure"Infp;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby Is,authorized to attest the execution of
any such Power of Attorney,
RESOLVED,FURTHER,that the signatures of such officers may be a1liCed to any such Power of Attorney or to any certificate raising thereto by facsimile,and any such
Power of AUoney or certificate bearing such faceinele signatures shell be valid and binding upon the corporation when so affixed and In the future with reaped to any bond,undertaking
or contract of suretyship to which It Is attached.
IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its oflcers and attested by its Secretary or Assistant Sauxa-
tary this January 1st 2006.
Daniel Young,Vice P►asideM g4�12(q.60 0114
ey �� OCT
I �
Stephen T.Pete,Senior Vice-President �i�*,y1 19 3 6b a
:y .rOWA r
State of California 'H „ �Nd~�e
County of Orange
On January 31,2011 before me, Antonio Alvarado,Notary Public
Date Here insert Name and Title of the Officer
personally appeared Daniel Younth and Stephen T.Palo
Nome(s)of Signers)
who proved to me on the bash of saWadory evidence to be the persons)whose names)Ware subscribed to
-rialerus— - the within instrument and admovAodged to me that helsheJthey executed the same in hiAerhheir o0thorized
ANTONlO u0.!_WAF1A"'v capadry(les),and that by hislhw Ahetraignalure(s)an the Instrument the person(s),or the antity upon behalf of
COMM.#t8806A3 If which the person(s)ailed,executed the instrument.
�� I ca0ry under PENALTY OF PERJURY under the laws of the State of Califorrris that the foregoing paragraph In
true and correct.
comet,mom AW 9.2013
WITNESS my hand and official seal.
Place No"Seal Above Signature
Antonio Alvarado,t4otary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney
remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Bard of Directors of said corporation set forth in Ilia Power of Attomsy are in
force as of the date of this Certificate.
This certificate is executed in the City of Irvine,Calltomle,this 8thaay of May, 2012.
By. Cif
,egg Okur fit secretary
ID•1436(Rev01111)