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C2C - Polo Park Tennis Courts. 00600. CONTRACT: ~ ~ . . , CONTRACT ~ ` . - THIS IS A CONTRACT, by and .between thetCity of Miami Beach, a• political " subdivision of the State of Florida, hereinafter referred to as CITY, and Fast -Dry ' • Courts, Inc.,.hereinafter referred to as CONTRACTOR. ' W I T N E S S E T H, that CONTRACTOR and CITY,. for the considerations hereinafter named, agree as follows: - *. ~ • _ _. ARTICLE 1 ~ ~ " . _ _ _ SCOPE OF WORK CONTRACTOR hereby agrees to'furnish. all of the labor, materials, equipment _ services and .incidentals necessary to .perform. all of the work described'in the Contract Documents and related thereto for the Project. . ARTICLE 2 CONTRACT TIME ..: • 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions ~ ~ ' ` in the form of a Standing. Order issued by-the City's Procurement Director and a Notice to Proceed issued by the .Contract Administrator. Two ,(2) .Notices to Proceed will be issued .for this .Contract. CONTRACTOR shall commence • scheduling :activities, permit applications and other preconstruction work within W ` _ five (5) calendar days after the Project Initiation Date, which shall be the same as . ~ the date of the first Notice to Proceed. The first Notice to Proceed and .Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required •. documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract" by •both parties. 2.:1.1. The receipt of alt necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on . fhe. Project site and commence with physical construction. of the work. - ' The CONTRACTOR shalt submit all necessary documents required by - ' this provision within twenty-one (21) calendar days of the issuance of " the first Notice" to Proceed. 2.2 Time is ofi the essence throughout this Contract.: This project shall be ' • substantially completed within sixty (60) calendar days from 'the issuance of the- second. Notice to..Proceed, and completed and ready for final payment in ' accordance with Article 5 within thirty (30) calendar: days from the date certified - by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the ' specified period of time, .plus approved time .extensions,. CONTRACTOR shall BID NO. 31-09/10 . - CITY OF MIAMI BEACH PAGE 64 OF 135 DATE4/7/10 ~ti ' pay. to CITY the sum of One-Thousand Dollars ($1,000:00) for. each calendar - ~ ~ day ~affer the time. specified in Section 2.2 above, plus any approved. time extensions, for Substantial Completion. After Substantial Completion. should CONTRACTOR fail tocomplete the remaining work within the time specified in - Section 2.2 above, plus approved time extensions .thereof, for completion- and - readiness for final. payment, CONTRACTOR shaA pay to CITY tie sum of, One . Thousand ($1,000.00) for each calendar° day after the time specified in Section , 2.2 above`, plus any approved extensions, for completion and readiness for, final - payment. These amounts are not perialties but are liquidated damages fo CITY - for its inability to obtain full beneficial. occupancy and/or use of the Project.. - Liquidated damages are hereby fixed grid agreed -upon between the parties, recognizing the impossibility of precisely ascertaining the. amount of damages that will be sustained by CITY as a consequence of such delay, and both.parties - - .desiring to obviate any question of .dispute concerning .thee amount of said ' damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above=stated' liquidated damages shall apply separately to each ..portion of the Project for which a time for completion is-given.. - 2.4 .: CITY is authorized. to deduct liquidated damages from monies due to . `CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem justand reasonable. . 2:5 CONTRACTOR .shall be responsible. for reimbursing CITY, in addition to liquidated damages, for-all costs incurred by CONSULTANT in administering the construction ~ of the Project 'beyond the completion date specified above, plus. approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is -available upon request of the Contract Administrator. All such costs ~ ' shall be deducted from the monies due CONTRACTOR for performance of Work - under this Contract by means of unilateral credit change orders issued by CITY as ;costs are incurred by CONSULTANT and agreed to; by CITY. ~ - ., - ARTICLE 3 ' ' THE CONTRACT SUM ] .This is a Unit Price Contract:* ' ~ 3.1 ~-CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated. in the schedule of - - prices bid. The number of units _coritained in this schedule pis an estimate only, ' and final payment shall be made for the actual number of units incorporated iri or- . ~ ~ made, necessary by the Work covered by the Contract Documents. 3.2 Payment shall'be made a't the.unit.prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, - - associated with completion of all the Work in full conformity with the requirements as stated or shown, or .both,. in the Contract Documents. The cost .~ of any item of work not covered by a definite Contract unit price shal6 be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* .. , 3.1 CITY shall pa,y to CONTRACTOR for the performance of the Work described in the" Contract Documents, the total .price stated as awarded. ~ ~ . . _ 3.2 Payment shall. be at the lump sum price stated in the Contract. This price shall be full compensation..for~all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or ~~ shown, or both, in the Contract Documents. The cost of any item of work not ~,. covered- by a .definite .Contract lump sum. should .be included in the lump sum price to' which the item is most applicable. - *Note: Some Projects include both unit prices and lump sums in which case both . sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS r 4.1 .CONTRACTOR may make Application. for Payment for work completed during the. Project at intervals of not more than once a month. CONTRACTOR's ~.:; - application shall show a complete breakdown= of the 'Project components, the .quantities completed and the amount due, together with .such supporting - - . evidence as may be required by.CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress. schedule acceptable to .CONSULTANT as required by the Contract. Documents. and a release of liens and consent of surety ~ _ " relative to the work which is the subject of the Application. Each. Application for Payment shall be submitted in triplicate. to CONSULTANT for approval. CITY . - ~ ~ shall make payment to CONTRACTOR within thirty (30) days after approval by '~ CONSULTANT of CONTRACTOR's Application for. Payment and. submission of an acceptable updated progress schedule. •. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by ~, CITY until Final Completion and acceptance by CITY in accordance with Article 5 .. hereof, except thafi after. ninety percent (90%) of the Work has, been completed, „ - the Contract Administrator may reduce the retainage to five percent (5%) of aJl - monies previously earned 'and all monies earned. thereafter. Any reduction in . retainage shall be in the sole discretion of the Contract Administrator, shall be ± recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to tfie benefit of CITY: ~ All requests for retainage reduction .shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be : 'necessary to protect itself from loss on account of: . BID N0. 31-09/10 CITY OF MIAMI BEACH PAGE 66 OF 135,. DATE:4/7/10 .. ,~-, _ - 4.3.1 Defective work not remedied. - 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims- - by other parties against CONTRACTOR or CITY because of ' ' CONTRACTOR's performance. ~ - .. - 4.3.3 Failure of CONTRACTOR` to make payments properly to, Subcontractors-or for'material or labor.. 4.3.4 Damage to another contractor not remedied. -~ 4..3.5 Liquidated damages and costs incurred by CONSULTANT for extended. construction administration. - 4.3.6 Failure of CONTRACTOR to provide any and all documents required.by the Contract Documents. - . 1Nhen the above .grounds are removed or resolved satisfactory to the Contract ' Administrator, payment shall be made in whole or in part. ARTICLE 5 . - ~ ACCEPTANCE AND FINAL PAYMENT 4 : 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar . ~ days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully"satisfied, and. all conditions of the - permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature,. stating that ,~ the requirements of the Contract Documents have been performed and the Work - is ready for acceptance underthe terms.and conditions thereof. ~ 5.2 Before. issuance, of the Final Certificate- for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens. arising out of this Contract, receipts in full in lieu. thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected - with the Work has been paid, and a conseht of the surety to final payment; the • final corrected as-built drawings; and the final bill of materials, if required, and invoice. ' 5.3 If, after the Work has been- substantially completed; full completion thereof is . -materially delayed through .no fault of-CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating - ~ the Contract,. make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except thaf it shall not constitute a waiver of claims. 5.4 Finaf payment shall be .made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the, final payment. The acceptance of B1D NO. 31-09/10 CITY OF MIAMI'. BEACH PAGE 67 OF 135 DATE:4/7/10 final payment.. shall constitute a waiver of all .claims by CONTRACTOR, except those previously -made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment..: ARTICLE~6 MISCELLANEOUS - 6.1 This Contract is part of, and incorporated in; the Contract .Documents as defined - • herein. Accordingly, ~ all of the documents incorporated by the Contract Documents shalt govern this Project. • 6.2 Where there is a conflict between any provision set ,forth within the. Contract Documents and a more stringent. state or federal provision which is applicable to thi Project, the more stringent state or federal .provision shall prevail. : t 6.3 Public Entity Crimes t • ' _ In accordance with the Public Crimes Act, Section .287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted. vendor list following a conviction for a public entity crime ..may not submit a° bid on a contract to provide any goods or services to the CITY, - _ may not submit a bid on a contract with the CITY for~fhe construction or repair of - . a public building or public work, may not submit bids on leases of real property to the. CITY, may not- be awarded' or perform work as a' contractor, supplier; , subcontractor, or consultant under a contract with the CITY, and may not ' transacf-any business with the CITY in excess of the threshold amount provided . in Section 287.0.17, Florida Statutes, for category two purchases for a period of • 36 months from the date of being placed.. on the convicted vendor lief. Violation of this section by Contractor shall result in cancellation of the CITY purchase and . • may result in Contractor debarment. 6.4 In"dependent Contractor CONTRACTOR is an independent, contractor- under this Contract. Services . .provided by CONTRACTOR pursuant to this Contract .shall be subject to the _ supervision of CONTRACTOR. In providing such services, .neither • CONTRACTOR nor its agents shall act as officers, employees, or agents of the .CITY. This Contract shall not constitute or make-the parties a partnership or joint- `. venture.`. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third.. party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties - • ' ~ expressly acknowledge that it is not their intent to create any rights or obligations in any third ,..person or entity under this Contract. BID NO. 31-09/?0 CITY OF MIAMI BEACH ~~ PAGE 68 OF 135 .DATE: 4/7/10 . .. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt .. requested, or by hand-delivery with a request for a written receipt of ~~ " . acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving .notice shall remain the same as set forth herein until changed in writing in the manner provided .in this section... For the .present, the ' parties designate the following: ' For CITY: . 'Gus Lopez,` Procurement Director ' Procurement. Division 1700 Convention Center Drive 3~d Floor • ~ Miami Beach, Florida 33139 With copies to: ~ . } City Attorney City of Miami Beach 1700 Convention.Center Drive ` ~ Miami Beach, Florida 33139 For Contractor: • Stephen N. bettor, President Fast- Dry Courts, Inc. - • 1400 N.W. 13t`' Avenue Pompano Beach, Florida 33069 6.7 Assignment and. Performance Neither this Contract nor any interest herein shall be assigned, transferred, or .encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized. by Section ' 27 ofi the General, Conditions. CONTRACTOR represents -that all ..persons delivering, the services required by this Contract have the knowledge and skills, either by training, .experience; education, or a combination thereof, to adequately and competently perform the duties, .obligations, and services set forth in the Scope. of Work and to provide and, perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this . Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final .product(s) provided to or on .behalf of CITY . shall be comparable to the best local and national standards. ' BID NO. 31-09/10 CITY OF MIAMI BEACH PAGE 69 OF 135 DATE: 4/7/10 :; 4 - ~ .. ~ .. • ~ 6:8 Materiality and'. Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this. Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall 'not be deemed a - waiver of such provision or modification of this Contrac4. A waiver of any breach of a provision of this Contract shall not be deemeda waiver. of any subsequent - breach and shall not be construed to be a modification of the terms of this - Contract.. 6.9 Severance . _ ~ In the event a portion of this Contract is found by a court of competent jurisdiction _ to be invalid, the remaining provisions shall continue to be effective unless CITY . or CONTRACTOR elects to terminate this Contract. An election to terminate this - _ Contract based upon this provision shall be made within seven {7) days after the- ' finding by the court becomes final. 6.10 , Applicable Law and Venue ~ - This Contract shall be enforceable. in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of - the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami=Dade County, Florida. By entering into this Contract,. ' CONTRACTOR and CITY hereby expressly waive 'any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all subcontractors to the .provisions of this Contract. ' 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective` unless contained in a written document prepared with e the same or similar formality as this Contract -and executed by the Board and CONTRACTOR. ' 6.12 Prior Agreements • This document incorporates and includes gall prior-negotiations, correspondence,. conversations, .agreements, and understandings .applicable to the matters -contained herein and the parties agree that there are no commitments, . agreements or understandings concerning the subject matter of this Contract that are not :contained in this document.. Accordingly, the parties agree that no ' deviation from the terms hereof shall be .predicated upon any ..prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration ,in the terms ~or conditions contained • herein shalt be. effective unless set forth in writing in .accordance with Section 6.11 above. ' BID NO. 31-09/1.0 CITY OF MIAMI BEACH PAGE~70 OF 135 4 DATE:4/7/10 ' "~ IN WITNESS WHEREOF, the parties have set their hands and seals the day and . - year first above written. •. •ATTEST: .THE CITY OF I -MI B ACH ~ . . ~ City ,Clerk Ma or - •. ~ Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE - ~ CORPORATION OR NONCORPORATI ON FORMAT, AS APPLICABLE..- [If incorporated sign below.] - - .. Contractor • __ ' ATTEST` ~A~SS - COV ~tTS ~~. . ~ - ` ~ ~ (Name of orpor-ation) ' - . . Secre ary - (Signature) ~, - _ ~ : S~"de ~ ~ Fit o l1- P n -T ;.(Corporate Seal) t ,~. ri t Name. and Title) ( T ~_ F v *..~ - ~, . ~ • lD day of.'•.f~ / , 20 /D • ``_; ~ • [if not incorporated sign below.) • Contractor , WITNESSES: (Name of Firm) By : (Signature) :(Print Name and Title) day of ~ ~, 20_. CITY REQUIRES THREE (3) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. ` F:\PURC\$ALL\MARTA\Bids\09-TO\ITB 31-09-10 Polo Park Tennis Court Reconstruction\Contract\Fast-Dry Courts.doc ' . APPROVED AS TO . •, - :FORM & LANGUAGE ~` . & Fn ELUTION ' ~ ~ ~ Jf, ~ 11.~I~1 ~ • . ity orney (~, ate BID NO. 3.1-09/10 CITY OF MIAMI BEACH PAGE 71 OF 135 . ~ DATE:4/7/10 _. - .. ...:... .. . COMMISSION ITEM SUMMARY •_~J~.-~..J TC41... /VIIUC119G1A 1 INC. - Request For"Approval To Award A Contract, Pursuant To levitation To .Bid No. 31-09/10, For The Polo Park Tennis Courts Reconstruction; Authorize. The Administration To Erigage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project; Authorize The Mayor And City Clerk To Execute An Agreement With Fast-Dry Courts tnc. In The Amount Of $150,500. ~Cey Intended Outcome Supported° _ Increase satisfaction with recreational programs _ Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 78% of residents felt that the recreational facilities and programs in Miami Beach were excellent or good. Issue: Shall the Ci Commission a rove the award of the Contract? Item Summa /Kecommenaaiion: On December 9, 2009, via Resolution No. 2009-27259,'the City Commission entered into a settlement agreement with the Miami-Dade County Public School Board (School Board) that required the School Board to pay the City $135,000 to resolve outstanding issues relating to the Nautilus Middle School and Polo Park Project. In exchange, the Agreement called forthe City to accept the tennis courts intheir as-is condition, and for the City to assume the responsibility to make any necessary repairs. On April 7, 2010, Invitation to Bid No. 31-09/10 for Polo Park Tennis Courts Reconstruction was issued; a Pre- Bid Conference was held on April 20, 2010. Three (3) addenda were issued, which extended the bid opening from May 7 to May 13, 2010. Two (2) bids were received, from Williams Paving Inc. and Fast-Dry Courts, Inc. On May 26, 2010, the Technical Review Panel (TRP) convened to conduct interviews of the contractors' key personnel. Following the presentations, as well as a review of,.among other things, the proposed approach; warranties offered. and materials to be used; the TRP unanimously recommended Fast-Dry Courts, Inc. as the lowest and best bidder, pursuant t_o "lowest and best bidder" criteria in the RFP. Fast Dry's bid was $14,500 .higher than the price submitted by the other bidder. However, the ITB document required that the successful ~ bidder be licensed as a Certified General Contractor (CGC) by the State of Florida. Williams Paving did not provide a copy of their CGC license at time of bid submittal. or after several requests. Since Williams Paving failed to comply with the minimum .requirements set forth in the ITB document, their'bid is considered non- responsive. Fast-Dry's bid amount is $150,500. The bid amount, in the opinion of the Special Assistant to the City Manager, is a fair and reasonable price for the scope of work. Notwithstanding, the City will engage in value engineering to further reduce the cost. APPROVE THE A1nIARD OF CONTRACT. Advisorv Board Recommendation: _ I' inanClal I n9'®rmaglOr6:. ~I Source. of Amount Account Approved Funds: 1 $135,000.00 Acct. 199-6514-000676 2 $15,500.00 Acct.011-0950-000676,. S OBPI Total $150,500.00 Financial Impact Summary: Cit Clerk's Office ire islative Tracki Gus Lopez Ext. 6641 ®e artment Direct r Assistant Ci 'Man r Ci M er GL FHB EM JGG JMG I:W(itNUA~YUIUWUIY-~911+on5e~~luio J~-V.y-,lJ ruw turn ~mnua vvu~w ..v ...... ........... m MIAMIBEACH ~~ U~-~ AG EhIDA ITEM ~ ~ C ©ATE 7^!y"~~ m MIAMIBEACH City of ARiami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower.and Members of the City Commission FROM: Jorge M. Gonzales City Manager DATE: July 14, 2010 .SUBJECT: REQUEST FOR APPROVALTO AVIIARD A CONTRACT, PURSUANT TO INVITATION TO BID N0.31-091'10, FOR THE POLO PARK TENNIS COURTS RECONSTRUCTION; AUTHORIZE THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT; ' AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE.AN AGREEMENT WITH FAST-DRY COURTS, INC., IN THE AMOUNT OF $150,500. ADMIIVIST,RATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME Increase satisfaction with recreational programs and facilities. FUNDING Constraactiona $135,000 Acct. 199-6514-000676 ~ 15 500 Acct. 011-0950-000676 $150,500 Grand Total BACKGROUND In the early 1990's, the City worked with the Miami-Dade County Public Schooi Board (School Board) in support of building Nautilus Middle Schooi_ and relocating and building adjacent park improvements in Polo Park. The City and the School Board entered into a series of agreements to facilitate the completion of the Nautilus School and Polo Park project. Over the years, the City had been working with the School Board to resolve issues regarding the park improvements and the need to have them completed to the standards of the City. In 2002, the City and' the School Board entered into a Seftlement Agreement on most of the outstanding problems associated with Polo Park, for which the City was to receive $85,000 to undertake the .corrections deemed necessary by the City in orderto accept the park improvements. However, that ..2002 Settlement Agreement also required that the School Board complete repairs to the four (4) hard surtace tennis courts built at Polo Park at their expense, and for the City to approve and accept the repairs as being adequate upon their completion. The School Board made several unsuccessful attempts to seal cracks as a result of settling of the courts, but was not able to repair the courts to a standard acceptable to the City and to protect the public safety. The tennis courts were constructed by the School Board as a monolithic slab on poor soils. As a result, the courts have settled differentially, which has caused the substantial cracking and uneven surtaces. The result has been that nets have been removed to prevent play on some courts for 24 Commission Memo -Polo Park Tennis Courts July 14, 2010 Page 2 of 4 safety reasons. In 2009, the City took the initiative to offer a solution to the School Board which was significantly less expensive than previous repair estimates. On December 9, 2009, via Resolution No. 2009-27259, the City Commission entered into a settlement agreement with the School Board that .required the School Board to pay the City $135;000 and the City agreed to accept the tennis courts in their as-is condition and also the responsibility to make any necessary repairs. The $135,000 will enable the City to implement the design created in-house and to provide for a safe playing surface for the community at the Polo Park tennis courts. As you maytecall, during the discussions regarding potential locations forfive hard courts, staff was asked to look at this location to determine the feasibility of the site for this purpose. The April 14, 2010 Commission Agenda item delineated the result of staffs due diligence review of two possible options to add a fifth court at Polo Park. Those two options were: 1) adding a new, fifth court, with refurbishment of the four existing courts; 2).demolishing the existing four courts and building five new ones. As noted in that Commission memo, during the analysis it was determined that major concerns and' challenges would be encountered during the construction phase of a proposed fifth .court including, among other things, that the site is constrained by the existing racket-ball courts along with several mature trees; that the foundation preparation for the new court could potentially undermine the foundation- of the existing courts; and that potential "disturbance" of the existing organics/muck is likely to occur. Additionally, as the "in-situ" organics underneath the existing four courts appear to have stabilized, foundation excavation for the additional court could create and accelerate future irregular or differential settlement,to the existing courts. As was concluded and reported in April, it is not feasible to add an adjacent (connected) fifth court to the existing four courts due to space limitations. This would result in having to add slab to both ends of the existing court slabs, which is likely to cause settling in the future, impacting at least two courts. The alternative solution to accommodate five courts would require that the existing four tennis and racket ball courts be demolished, allowing for five new courts to be constructed. Demolition of the existing slab is relatively straight-forward, while demolition of the racket ball courts is more challenging due to the facf that the superstructure's construction is madeup of solid reinforced ,poured-concrete (which also poses impacts to the neighbors). The estimated total cost of construction and demolition for five nevu courts is $735,000.00 +/- 15%. While renovation/rehabilitation of the existing four courts would cost approximately $6.00/sq.ft., the demolition and construction of five-new courts would cost approximately $24.00/sq.ft. ,4iVALYSIS The work specified in this bid consists of the reconstruction of the Polo Park Tennis Courts. Polo Park is located of 4301' f~. Michigan Avenue, Miami Beach FI 33140. The four (4) tennis courts can be found near the northwest section of the park. The work will include but not be limited to mobilization, staging, site preparation, filling, compaction, resurfacing, and restoration of the existing tennis courts, as specified on the engineering plans provided by the City. BI® PR®CESS On April 7, 2010, Invitation to Bid fVo. 31-09/10 (the "ITB") was issued, and aPre-Bid Conference was held on April 20, 2010. Three (3) addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders. The bid opening due date was extended from May 7 to May 13, 2010. Bidsync and Bidnet issued bid notices to over 900 prospective bidders combined. The Procurement Division supplemented this list via the Blue Book thus inviting 23 additional firms. The notices resulted in the receipt oftwo (2} bids from the following companies as follows: 25 Commission Memo - Pvlo Park Tennis Courts July 14, 2010 Page 3 of 4 Company Name Total Amount Bid Williams Paving Co., Inc. $136,000.00 Fast-Dry Courts, Inc. $150,500.00 On May 26, 2010, the Technical Review Panel (TRP) convened to conduct a 30 minute interview of the contractors' key personnel The TRP pertormed an extensive review and evaluation of the materials submitted as part of the bid packages, including Performance Evaluation Surveys completed by previous clients and Risk Assessment PlanNalue Added Submittals. The TRP consisted of the following individua-s: B Elizabeth Estevez, Public Works Engineering m Hermes Diaz, Public Works Engineering Andrew Plotkin, Flamingo Park Facility Manager John Oldenburg, Assistant Director Parks and Recreation ®. Emanuel Mayer, Special Assistant to the City Manager The TRP based its recommendation on the following evaluation criteria: 4. .Base Bid Price 60 points 2. Qualifications of bidder and/or past performance 5 points 3. Risk Assessment PlanNalue Added Submittal 10 points 4. Presentation and Interview of Bidder's Key Personnel 25 points Total 100 points It was the consensus of the TRP that the successful bidder must be fully aware of the conditions of the site, and the existence of an unstable sub-base, with unsuitable soils that are stable right now, that might be undermined by'the use of heavy equipment The TRP scored the bidders as follows: -s.~ _.~------ ~mtt2 ~~V N~are And Plotkin Elizabeth Estevez Emanuel Ma er John Oldenbur Hermes Diaz Points Rankin Points Rankin Points Rankin Points .Rankin Points Rankin Fast-D ~ Courts 87 1 94 1 94 1 89 1 92 1 VIliltiams Pavin Co. 85 2 92 2 90 2 86 2 90 2 Note: maximum based on ITB criteria is 100 points. At the conclusion of the interviews, the TRP unanimously recommended Fast-Dry Courts, inc. as the lowest and best bidder based on "lowest and best bidder" criteria specified in the RFP. While Williams Paving offered the lowest price bid_ amount, Fast-Dry Courts was recommended as the lowest and best bidder by the TRP based on the approach, materials, warranties and other qualifications .submitted by Fast-Dry. Fast-Dry offered a 3-year warranty, as opposed to 1-year offered by Williams Paving, which was important to the panel because that will give ample time to resolve. any settlement issues. They also included the use of a geotextile material to treat and stabilize existing settlement cracks, which Williams Paving had not included in its bid, and the use of .appropriately-sized compaction equipment that will not undermine the stability of the existing concrete-slab. 26 . Commission Memo -Polo Park Tennis Courts July 14, 2010 Page 4 of 4 It must also be noted that the ITB document required that the successful bidder be licensed as a Certified General Contractor (CGC) by the State of Florida. Williams Paving did not provide copy of their CGC license at time of bid submittal. On May 20, 2010, the Procurement Office notified Williams Paving of the bid requirement for licensing, however, they were unable to produce the CGC license. After several attempts and time extensions, as of June 23, 2010, Williams Paving had not provided the required license. Notwithstanding, the Administration proceeded with the evaluation of the Williams-Paving bid in an effort to determine if the City could save $14,500 if Williams Paving were recommended for award, and provided that Williams Paving obtain licensure before award of a contract. Since Williams Paving failed to comply with the minimum requirements set forth in the ITB document, their bid is considered non-responsive. Fast-Dry's bid amount is $150,500. The difference in price with Williams Paving is $14,500.` Fast-DrV Courts, Inc. Fast-Dry Courts, Inc. (Fast-Dry Courts) was founded in 1987 to provide professional, high quality tennis court construction services to court owners throughout Florida. It is a State of Florida licensed General Contractor since 1999. Fast-Dry Courts, Inc. provides its customers with a complete set of tennis court construction services, everything from initial design and consultation. to new construction to resurfacing, repairs, lighting, and fencing Fast-Dry Courts is a member of the American Sports Builders Association (ASBA) and the United States Tennis Association (USTA). Fast-Dry Court's projects have been ASBA "Court of the Year" award winners for each of the last 14 years. Fast-Dry Courts has built or renovated multiple facilities that have also been recognized by the USTA with an "Outstanding Facility Award",including City of Boca Raton Swim & Racquet Center, Woodfield Country Club in Boca Raton, and City of Daytona Beach Tennis Center. CITY MANAGER'S REVIEW The Special Assistant to the City Manager served as a member of the TRP for the evaluation, review and selection of Fast-Dry Courts; Inc. In his opinion, $150,500 represents a fair and reasonable cost for the service being provided to the City of Miami Beach. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and recommends to the Mayor and City Commission the award of a contract to Fast-Dry Courts, Inc. If award is approved, the City will engage in value engineering to identify potential cost savings. CONCLtJSIONo The Administration recommends award of a contractto Fast-Dry Courts, Inc., pursuantto Invitation to Bid No. 31-09!10, for the Polo Park Tennis Courts Reconstruction in the amount of $15Q500. T:\AGENDA12010\July 14\ConsentllTB 31-09-10 Polo Park Tennis Courts MEMO.doc 27 t - Since . , ~9~, FD past-D,~ ~®~,~s 1400 N.W. 13th Avenue Pompano Beach, FL 33069 August 2, 2010 Marta. Fernandez Rubio, CPPB, Procurement Coordinator City of Miami Beach Telephone: 305-673-7000, ext. 6263 1700 Convention Center Drive Fax phone: 786-394-4003 Miami Beach, Florida 33139 Email: martaFernandezRubio@miamibeachfl.aov RE: Polo Park (Nautilus Middle School), 4301 N. Michigan Avenue, Miami Beach, Florida 33140 Bid. #31-09 10 Tennis Court Reconstruction Dear Marta: FAST-DRY COURTS, INC. agrees to include within our price a fourth year of warranty for the`work on the courts. We further offer to provide the City with 6 .foot tall windscreens. The windscreens will be installed by the Parks Department. We commit to straighten any fence post that is bent as long as it does not need to be replaced. . Sincerely FAST-DRY COURTS, INC. Ste ~e~ N. ~e~~~~ STEPHEN N. DETTOR .~ President aka i '~AMF.RICAN' MEMBER SPORTS BUILDERS '1:/ASSOCIATION Maintenance.. Construction ~---; Resurfacing ~ Supplies www.iFast-dry.com www.10-s.com National I-800-432-2994 • Local: (954) 979-31 11 • Fax: (954) 979-1335 00708. FORM CERTIFICATE OF INSURANCE -A form Certificate of Insurance will be attached here. CITY OF MIAMI BEACH PAGE'73 of 135 Ac oRD®~ CERTIFICATE OF LIABILITY INSURANCE OPID J9 DATE (MMIDDIYYYY) ~ os/lo/lo THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER-THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - l id NAME: ' Brown & Brown of F or a, Inc. 5900 N. Andrews Ave. #300 (Alc, NO, Ext): (AIC, NO): P.O. BOX .5727 ADDRESS: Ft. Lauderdale FL 33310-5727 cusroMERID#: FASTD-1 Phone: 954-776-2222 FaX:954-776-4446 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURED - - INSURERA: AmerlSllre Mutual Ins. Co. ~ 23396 -Fast DTy COUrtS, InC. ~ Fast Dr Cor oration INSURERS: Amerisure Insurance Company 19488 p y d/b/a 1D-S Tennis Supply wsuRERC: Attn: Steve Dettor 1400 N.W. 13th Avenue INSURERD: Pompano Beach FL 33069-1906 wsuRERE: INSURER F : - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDBY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANDCONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. - LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) - LIMITS GENERAL LIABILITY EACH OCCURRENCE ~ $ 1 , OOO , OOO B .X COMMERCIAL GENERAL LIABILITY - GL2060008 02/09/10 02/09/11 PREMISES (Ea occurrence) $50,000 CLAIMS-MADE ~ OCCUR - MED EXP (Any one person) $ 5 , 000 X XCU PERSONAL & ADV INJURY $ 1 , OOO , OOO . GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 ' POLICY X JECOT LOC - Em Ben . $ 1 , 000 , 000 AUT OMOBILE LIABILITY _ COMBINED SINGLE iIMIT $ 1 000 000 $ X ANY A T CA2060006 (Ea accident) , , U O _ ALL OWNE AUTOS ~ 02/09/10 02/09/11 BODILY INJURY (Per person) $ D SCHEDULED AUTOS ~ BODILY INJURY{Per accident) $ - }[ HIRED AUTOS / Q~Z~/~V ' PROPERTY DAMAGE (Per accident) - - $ X NON-OWNED_ AUTOS ~ Q $ ~ $ I A UMBRELLA LIAB X occuR CU2060009 02/o9/io 02/09/11 EACH OCCURRENCE $ 3 ~ 000 ~ 000 'EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 .DEDUCTIBLE - $ X RETENTION $ O ~ $ WO RKERSCOMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ~ TORY LIMITS ER YIN ANV PROPRIETO R/PARTNER/EXECUTIV~ FFI M I A E.L. EACH ACCIDENT $ O CER/ME BER EXCLUDED? (Mandatory in NH) - ~ ~ - E.L. DISEASE -£A.EMPLOYEE - $ If yes, describe under - ~ DESCRIPTION OF OPERATIONSbelow E.L. DISEASE -POLICY LIMIT $ DESCR PTION OF OPERATIONS 1 LOCATIONS /VEHICLES {Attayh ACORD101, Additional Remarks Schedule, if more space is required) I pct: Polo Park (ITB #31-09/10), 4301 N. Michigan Avenue, Miami Beach, FL 331zt The certificate holder is listed as additional insured in respect to General Liability as required by written contract. - CFRTI PIRATE NAI r1FR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MIAMIBE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C1ty of Miami Beach AUTHORIZED REPRESENTATIVE 1700 Convention Center_ Drive Miami Beach FL 33139 ,~'7., 1988-200'3-AC012D COIRPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE DAosi oi2o o W' TM PRODUCER USI INSURANCE SERVICES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 555 PLEASANTVILLE RD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3RD FL, NORTH BLDG ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BRIARCLIFF MANOR, NY 10510 INSURERS AFFORDING COVERAGE NAIC# INSURED 5586 - FL INSURER A: HARTFORD FIRE INSURANCE CO. STRATEGIC OUTSOURCING INC INSURER B: , . PO BOX 241448 INSURER c: CHARLOTTE NC 28224 INSURER D: , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD U _ TYPE OF INSURANCE POLICY NUMBER pO LICYMMF D YVE Pp LICE EXPIRATION - LIMITS A A GENERAL. LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED cc rr nc $ CLAIMS MADE. OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ~ PRODUCTS -COMP/OP AGG $ POLICY PRO- LOC AUTOMOBILE LIABILITY ~ .COMBINED SINGLE LIMIT -- ANV AUTO //- - / (Ea Accident) $ ALL OWNED AUTOS / / , f/ - BODILY INJURY SCHEDULED AUTOS . www ~~,Il ~ Y ~4 (Per person) $ HIRED AUTOS ~ ! BODILY INJURY - NON-OWNED AUTOS ~ ~ L3~U / / / (Per accident) $ . ~ (/ f PROPERTY DAMAGE 32943 Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO ~ ~ EA ACC OTHER THAN $ - AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE ~ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X WC YTAMI ORH O S' T A EMPL YER LIABILITY 16WBRJ79226 03/01/2010 03/01/2011 - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? If d ib d - E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $, 1 OOO OOO OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS LIMITED TO EMPLOYEES LEASED TO FAST-DRY COURTS, INC. BY STRATEGIC OUTSOURCING, INC. PROJECT: POLO PARK (ITB #31-09/10); 4301 N. MICHIGAN AYE, MIAMI BEACH, FL 33140 FAX: 954-978-8479 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF MIAMI BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN 1700 CONVENTION CENTER DRIVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL MIAMI BEACH, FL 331 39 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATITIVES. AUTHORIZED REPR SCE,NTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ~ N - ~. -,. ~ F ry ~ O - - p' .. ~~ „a HW ~ ~~ ~ ~ W 1 ~ z ~ H~ o- ~ a~ ~ E-+ x a l ~ taw _ 1 . -a H . W ~ ~ , ao ~ ~ ~ ~~ zz f off ~nz ~ i ,~ WU ~ ~ ~ °~, 0~7 ~ i 0 t Oa ~ l1J ; Q ! ~z ~ ~ I w ~ ~ E-- W a ~ ~, C? ` Q zz F-+o ~ ! ~ ~- i- ` ~H ~~ >cn~ ~ p rn~ .. ' ABU ~ W o ~ ~, s.~N ~,-, M ; D~ off ' z ~ a~+ ~ ~ o ,a ~ W ~ ~ N [x, U W ZO H. C9 ~ ~ ~ WU_: ,a _U ~z { H G4H OM ,~,W +~ ~ N ~ H w ~ ~'` Q'. O ~, x W o j~ W•.~ +x _ ~~C ~ ~ . j ~ ~ - H U m .. Q~riU atx _; w p ~.y ~ OCR W Z ~ U +~ o ~ H . ~ W cz ' ~ o ~, v ~ ~ , ~• ~ a 3_i~, ~ Q~ ~ ~,a o ~~ . ~? ~ i ~ ~ ~ ~ -t aQZ~ ~ i~0 ~ 1 o , ~., ~ ~ W ~ .~ -~ E-~ E+o P, ~ N Z.R ~.~ v ~ Htoo~ ~ U ~ ~ a W W~~s~o , ~ ~ N .7'~!-s~ C Q ~, ri Cl~ o ~ v -~+ ~v a .. ~ .~~ax . . o F2~W v% 1 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: First Sealord Surety, Inc. 4901 17th Way #304 Fort Lauderdale; FL 33309 Bond Number: 108562 Contractor Name: Fast-Dry Courts, Inc. 1400 NW 13th Ave Pompano Beach, FL 33069 954-979-3111 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 Project Number: ITB #31-09/10 Project Description: Polo Park Tennis Courts Reconstruction (ITB) ` Project Address: 4301 N. Michigan Avenue, Miami Beach, Florida Legal Description of Property: Bid # 31-09/10 Polo Park Tennis Courts . Reconstruction, 4301 N. Michigan Avenue, Miami Beach, Florida This is the front page of the bond. All other pages are subsequent regardless` of the pre-printed numbers. _ _ _ _ i3ond No. 108562 007,10. 1=ORM OF PERFt~RMANCt=-B(.~ND BY TH 1 S BOND; VVe Fast-Dry Courts, Inc. as . F'rihcipal, hereinatfer called CONTRyaCTOR, and First sealord surety, Inc. as Surety, are bound to the City of tViian7i Beach, Florida as` Obligire, hereinafter called CITY;' in the amount of One~Hundred Fifty Thousand Five Hundred And No/10~~11~r~ ~~ 150 OOO 00'~'_~ for the ~payt~eri# ~~herec~~`~ CQNTR~~CTOR and Surety hind ttems~lves, their tip=its, ~>;~cutors, a~rr,inistrators. 'successors and assigns, jointly and severally. Wf-{AREAS, CONTRACTt~R~~iasbyrv~itten agr~~rnent entered info a Contact, Bid/Contract Na.: ITB #3t-o9no a~~~arded ' the ~ ___ day °f o S , 20 /J, v~ith CITY'~~~hich Contract Docurrients are by reference incorporated herein and made a part hereof, and specifically ihcltide provision for iiquidated damages; and otherdamages identified, and for the purposes of this-Bond are hereafter referred to as `the "Contract"; THE C~NDITI~N OF THIS BC?ND is that if_CONTRACTC7R: 1. Performs the Contract bet~~+een CQNTRACTOP, acid .CITY fdr construction of Bid #31-09/10 Polo Park TennisCourts Reconstruction __ the Contract . bei11C~ rrtatie a part of this Bond by reference, at~the rimLs and in therrtanner~prescrib~d ' in dl~e Contract; and 2., Pays_CITY all losses,. liquidated darr~ages; exp~ens~s, costsand attorney's fees including aE~peilate .proceedings, that CITY sustains as a result' of default by ~C~NTP.ACTOR under the Contract, and ~ ~~ __ 3!D r~10. 3~-491'€0 CITY Q~tv11~iP~ai ~~ACt-{ ~'~iG~ 7u of i~~` i ~oRiv~ of ~~R>=oRr~~NCC EON1~: (Gontinuedl 3. Performs theguarantae of all tivork andmaterials furnished; unde~fhe Contract for the time specified in the Contract;. then THIS E30ND IS VOID, OTHCRWSE `IT REMAINS iN FULL FARCE AND E1=1'ECT. `Whenever CONTRACTOR shah b~, and'deciarAd by_GITY to be, in default under the Contract, CITY having performed CITY obligations tnc:reunder, the Surety_ may. promptly remedy the default, orsha}I pramptiy: . 3.1. Complete the `Project in accordance vvit}~ the terms and conditions of the Contract Docurr~ents; or 3.2. "Obtain a bid or bids afar completing the Project in accordance v~lth the terms and conditions of the. Contract Documents, and_ upon determination by Surety of the lowest responsible" Bidder; or, if; CfTY el~ets, .upon. determination by CITY ~ and Surety jointly of thee' law~st responsible Bidder, arrange fot a contract betvreWn such Bidder anti CITY, end r7~ake available as wwork progresses (even though there should be a default or a succession of defaults ..under; the Contrac~ oc Contracts of completion arranged ~and;/r this paragraph} `sufficient fiends to pay: thecost of campletioi~ less the balance of t}gip Contract Price; but 'not exceeding, including other-costs and damages for which the Surety may be liable heretander, the al~~ount set forth ire the first paragraph.. hereof: The terrz~ "balance `of the Contract. Price,° as used in this' paragraph, shat( mean the total amount payable by CITY to CC~NTRACTORunder the Contract and any:amendmentsthereto, less.. ~trie amount properly paid by CITY to CONTRACTOR: ~No right of action shall accrueon Phis bond to or~for the useof any faersorior corporation other than CITI' named herein.. __ The`Surety hereby~waives notice cf and agrees that ar~~ changes in or under the' Contract 'CJocurrrents incl. cor~~pliar~ce or noncompliance with any formalities`. connircted vdith the Contract or thechanges does not at~i/ct Surety`s obligation under this Qond. . Signed andsealedthis 20 dayof ~V6V!S~ , 20 ~B1D rd0. 39.09l1t3' ,=GCTI'„OF C~3lfcti+tC'B~ACf-i ~ PAGE 75 of 13~ DATE: ~`+l'I10 FaRr~ o~ ~~~~o~r~ANCE ~aNl~ ~~~Continu~dj'' lN(TNESSES . Secretar~'~y ~ ~~~ ~'~,(CC~RPO[~ATE SEAL} -_ r e .. ~ . _,. «~. -. .,_ ~'' IN THE PRESENCE CAF: Fast-Dry Courts, Tnc Name>of CorF~aration} _.____. SY` (Sigrtatur~} . (Print Namd and TitE~} I(~StJF?ANGE COMi~ANY First Sealord Surety, lnc. r ~. ` ~ r '. w" By: lG~. _. ~ .i~ ~, Ayentaf7cf Attortley-tf1-FaCt> NSichael~A. Holmes Address. 491 17th Way, #304 `~ '~ ~StrC~t} -Ft.-Lauderdale,-FL 33309 (City/State2ip Gode) Teiept~one Nc~.: 954-351-2030 ~Ip NO`. 31-49/10; GITY OF MIAMI ~3EF1CH PF~GE 7c~ e~f 135 DAT~~ ~t71(} Bond No. 108562 =00720. FORM OF P7XYMENT-BOND BY THIS BOND, We Fast-Dry Courts, Inc. ~ ~ ~~ Principal, hdreinafter. _ _ caked GONTR~OTOR and First sealord surzry, Ins. as'Surety, are bound to the' Giy of Miami Beach, Florida, as Obligoe, hereirralt~e_ called CITY, in the arr7at,nt of One~Hundre~ Fifty Thousand Five Hundred And No/100 DalfarS (~ I SO,000.OU~`~" ° ~`~ for the, p~y[ll~nt - whereof COt~TRAGTOR ~ ar~d Surety bind #t~om5e(ves, their heir; executors, adniinistratars, successors and assigns, jointly and severalty. VVHEREF~S; CONTRACTOF;-has bye,:<Jritter~ a~re~ment entered,into a Contract;; BidlCOntract Na`:_ ITB #31~-09/10 ~ aV~ard~d ~th~ ~ `~ cfay ~rf _ ___ q~i ~O l ~ ,with--CITI' whichGontracfDocuments are by reference incorporated herein and: made ~ par`t hwreof, and specilica(iy iriclude provision for liquidated damaaos, acid other damages identified; and forthe ~eirposes of this Bcric4. are hereaft~rtefi/rred to as`the "Contract"; THE CONDlTIONOF-T~ifS BOND is~thatif CONTRACTOR: 1:~ .Pays .CITY alllosses, liquidated -damages, expenses.. costs and attorney's fees. ~~~~ -including appellate proceedings, .that GfTY sustains. because ~ of default by. CONTRf~CTOR under he Contract; and 2~ ~Rcomptly rnokes p'aymer~ts to .all claimants. ~as defined -by Florida Statute° 255.05(1} for all labor; materials and sitppiies used directly or indirectly` by CONTRACTOi; in ti7e perforr~iar7ce of the Contract; THEN ' CONTRtiCTOR'S OBLIGFtT(ON SI-IHLL BC VOlD; OTHERWISE, ' IT ~SHALLREMAINlN FUEL FORGE. AND EFFECT SUBJECT, HOWEVER, T0- 'THE. FOLL01NiNG CONDITIONS: 2.1. ~ Aclaimant;except a taborer, evho is not'"in privity vvitn CONTR,~GTOR and whahasnot received.payment for'its labor, materials; or suppiies .shall, within forty-five {4~5} days aver beginning. to furnish labor;; materials, or`-supplies for. the prosecution. of the work; furnishto G01~1TRAGTOR a notice that-he ~ritencts t~ look to the.~bor7d for- protection.: SID NC7. 31-09/1~~ CI ~ 1' OE ~~r(,~i~E~ll 3ERC~; PF~G~ 7i o' 73~~ '; C7A7E: 4l~!'l,p FQRtVi"OF PAYfytEf~lT BOND (Continued) 2:2 < A claimant ~vho is not in f?rivity with CC7NTRACTOR and ,whb' has not received payment for its labor,. materials, or supplies shal3; ~~rithin~ninet~~ . -{90) days` after performance of the labor or after ct~mplete delivery of the` rr~ateriais or supplies, deliver to CONTRACTOR and to the Surety, writter~ notice of the performance of ti,e labor or delivery of tine materials ._ _. orsupplies and`'oE tfie r-~on,oayment: 2.3. No`action for the labor, materials. or supplies may be instituteciagainst CONTRACTOR; or the Surety unless .the notices` stated "under the preci/ding conditions (2.'t}and {2.2) f~ave,beengiven. 2.4: Any action tfncier this. Bond .must be instituted in accordance. with the, 'Notice aril Time Lir~~itations .provisions prescribed in Section 2~5.Oa{2), :Florida .Statutes. The Surety hereby waives notice of and agrees that any changes in'or under the Contract Documents and compliance or `noncompliance with airy formalities.. ~connecteci with he Contract or the changes does nst affect the 5urety'sr obligation under'this Bond..' .:Signed and sealed this: day of ~ ~ . 20 '"O' . CC7f~ITRACTOi; ATTEST: (Secretary) _ ~, ~~ ~ f . -_ . ~, (Corporate Seal j _'`~~.. . Fast-Dry Courts, Inc {Name of Corporation} ' BY _ ~ . _.~_.._~ ~. {Signatur'e} p~a~~. ~t~. C.Q. o, , -- . {Print Name and Title); --~ _~ _ j ~ day of sr _ 20 ~+ BID NO 3~-0al10 CITI` ~FN11t~[+~~I ~E~Cr-t PAG~~ 7t3ai"r3~~ ;:gF1TE:~frllp, , , 1 ~ ~ ~ FOR.MC)F Pfi~`,'fy9i~N~Bt7P~C? ~Coritir7u~ri~- fN THE PRESENCE OF:' INSURANCE'CC~Pv3Pfi~NY First Sealord Surety,-Inc. = -' ,fCl ~2~ ~ ~ ' rte, ;y.. ~ ,~! fey: , __-____ _~~ _ ,~ . ~., .~ ?'Y I , ~~C%Ci?,,Z~~ AC~~t1t a+~CI ~~kortl~y-ilk-FBCt, Michael A'..Holmes _ 4901 17th Way, #304 ~ f ~. _. ~;dc~r~ss: _ _ _~. ~ . . ._ {Str•e~t) ~ ~ ~_ Ft. Lauderdale, FL 33309. ~_ ~~Ci~y~ISiate/Zip Cc~d~} ' . - ~ ~ T~lcph~n~ No:: ,.954-35i_?o3o . . . ~lL"3 N0. 3'~'_pc,,'1Q CITY` O~ fv9l,z,f~ll'B~kCk-i pATE' 4(7fi~J ~~f-~GEig o` 135 ; First Sealord Surety, Inc. Power No: MIA-0036-10-12036 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company") has made, constituted and appointed, and by these presents does make, constitute and appoint Gerald J. Arch, Shawn A. Burton, Michael A. Holmes, James F. Murphy and/or Joanne M. Mursell all of Ft. Lauderdale, 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 a similar nature as follows: *"******** Not To Exceed Five Million Dollars-----------------------------($5,000,000.00) ********** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation 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 Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney- in-Fact for the Corporation 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 Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. ,.~'' ~:... ~~~•- First Sealord Surety, Inc. ~~~- ~~ a= r~i: 1ss ~ ~~ (Seal)"°~~tis;~;;°••c . Attest: ~ By: ,Q '~~~"""'°~~~~~, Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 22'~ day of April, 2010, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., satisfactorily proven to be the person whose name is subscribed to this instrument (driver's license), who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corpnr~+o ~o~r ++,~+ ~+ ~.,~~ an ~ffivori +,~, nrr+cr of +r,o Board of Directors o#'said Corporation; and that he signed his name thereto as Vice President of saic - ~ ~~VA!~t171 State of Pennsylvania _ ' ~fi1O'TARtAL SEAL -oun#y:of DeCaware~ ~ ~~Ly~ 8. ~~F~E ~~ ~~C -Notary Public ~~~,~ Dela~teCounty ~: ~'4 'Y _, s ) ~" ~ (~ al g ~ CERTIFICATE ~fi~jl~OtilRliS6i0fl ~If85 ~tflt@~Z3, 2Q12 I, the _ti#i ersi ned Se~fetafy o~First Sealord Surety, Inc. do hereby certify that the original Power of r,,,,,,,,~y .,, ..,,,.,~~ „~~ ,~,~y„,,,y ,~ a ,,.~~, ,~,.~ a„~ correct cdpy~~js in,fuil force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Offices ~autfjonzed by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Sealord Surety, Inc.•This-Certificate' may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord Surety; Itic.: ~ -' "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, undewriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this ~ J day of Jt U S , 20~ This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 108562 ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) Ga L. Bragg, ecretary First Sealord Surety_ __ NOn.doc (Ed.Oll20/2004) ~"'te~ ,