HomeMy WebLinkAboutR-2003-222 Accurate Tennis Courts Ballfields CW Thomas FRDAP Grant RESOLUTION NO. 2003-222
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE BID PROPOSAL SUBMITTED BY ACCURATE TENNIS COURTS INC.
IN THE AMOUNT OF $59,000.00 FOR THE RESURFACING OF THE
MULTI-PURPOSE COURTS AND CONSTRUCTION OF A JUNIOR
BASKETBALL COURT AT C.W. THOMAS PARK; AUTHORIZING THE
PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT,
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach identified the need for resurfacing of the multi-
purpose courts and the construction of a new junior-size basketball court at C.W. Thomas
Park in conjunction with a FRDAP (Florida Recreational Development Assistance Program)
grant; and
WHEREAS, the city has determined, after obtaining bids, that such services can be
obtained for the least cost to the city by contracting with Accurate Tennis Courts Inc. in the
amount of $59,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the bid proposal in the total sum of$59,000.00 submitted to the
City by Accurate Tennis Courts, Inc. for performance of services needed by the City for
resurfacing the multi-purpose courts and construction of a junior size basketball court, at
C.W. Thomas Park, which proposal is attached as Exhibit "A", is approved.
Section 2. That the City Manager and the proper City officials are authorized to
execute the documents, provided, howeverthat such agreement shall not become effective
unless and until it is completely executed by both parties.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
1 RESOLUTION NO. 2003-222
AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated , between: THE
CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business
location at 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and
ACCURATE TENNIS COURTS, INC. ("Contractor"), a Florida Corporation, with its
principal place of business located at 41 NW 110`h Avenue, Plant, Florida 33324
In consideration of the mutual terms, conditions, promises, covenants and
payments set forth in this Agreement, the sufficiency and receipt of which are
acknowledged, City and Contractor agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement, and to generally express the objectives and intentions of the parties, the
following statements, representations and explanations are the predicates for the
undertakings and commitments included within the provisions which follow, and may be
relied upon by the parties as essential elements of the mutual considerations upon which
this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish
all the materials, equipment and labor to perform all work necessary to complete the
Project, all in full and complete accordance with Exhibit "A" and City's Invitation to
Bid, which are both attached and made parts of this Agreement. The "Project" consists
of materials, equipment and labor necessary to complete the Resurfacing of Multipurpose
Courts; Construction of New Junior-size Basketball Court Including Poles, Backboards,
Hoop w/nets; and Paddleball Wall Resurfacing located at C.W. Thomas Park, as such
items are more particularly described in the Specifications which are a part of
Contractor's executed Bid Proposal, which proposal is incorporated into and made a
part of this Agreement as Exhibit "A", attached.
1.2 The City advertised its notice to bidders of the City's desire to have the
Project completed,pursuant to the bid entitled:
BID PROPOSAL
FOR
COURT RESURFACING AND
NEW COURT CONSTRUCTION
AT C.W. THOMAS PARK
1.3 On September 23, 2003, the City awarded the bid to Contractor and
authorized the proper City officials to enter into this Agreement with Contractor to
complete the Project.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to
comply with any and all other provisions in the documents and items incorporated by
reference into this Agreement. Contractor also agrees to perform all clean-up and bear
the expense of any off-site disposal, which is or may be necessitated by its work on and
around the Project site.
2.2 Contractor agrees that all work performed under this Agreement shall
be done in a professional manner and that Contractor's efforts will produce a quality
result.
2.3 Contractor represents to City, with full knowledge that City is relying
upon these representations when entering into this Agreement with Contractor, that
Contractor has the expertise, experience and work force sufficient to timely perform the
services to be provided by Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by
all applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated
for any reason by any governmental agency, Contractor shall notify the City
immediately.
2.5 Contractor agrees to conduct all work and services under this
Agreement in accordance with all applicable federal, state and local laws and
regulations. Contractor will identify all governmental authorities and agencies having
jurisdiction to approve work involved in the Project and Contractor agrees to obtain all
permits and approvals from any and all such governmental authorities which have
jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings
by such action, City may authorize the Contractor to seek required permits on behalf of
and in the name of City as its Contractor; provided, however, that Contractor agrees to
fully indemnify and hold harmless the City in all respects as a result of the obtaining of
any and all such permits and approvals. Without limiting the foregoing, City agrees to
reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid
same, the amounts of all permit fees incurred by Contractor in connection with the
applications, processing and securing of approvals or permits which are required to be
obtained from all governmental authorities which have jurisdiction over any and all
aspects of this work, except City permits and fees which shall be waived and except for
so much of any fees as to which the City is required to remit to other governmental
agencies.
2.6 City's Building Official, or his designated representative, will be the
person through whom Contractor must communicate all information pertaining to the
Project.
® 2.7 Contractor shall guarantee the entire Project against poor workmanship
and faulty materials for a period of one (1) year after final payment and shall immediately
correct any defects which may appear during this period upon written notification by the
City's Building Official or his designated representative. Contractor waives any and all
rights to claim any statute of limitations defense as to any condition that may arise under
this guarantee.
ARTICLE 3
TERMS AND CONDITIONS
3.1 Contractor shall begin to perform the Project work commencing no
later than thirty (30) days from the date first above written and shall notify City in
writing of the date work will commence (the "Commencement Date"). Contractor shall
complete the Project work no later than sixty (60) days after the Commencement Date
(the "Completion Date"). Contractor shall notify City in writing of the Completion Date
within 10 days of the Commencement Date.
3.2 This Agreement may be terminated by City if Contractor fails to
perform the work to City's sole and reasonable approval, after City sends written notice
of any deficiency to Contractor and Contractor does not cure such deficiency within
seven (7) days from the date of such notice. In such event, the Contractor shall be paid
® compensation for improvements made toward completion of the Project, if such
improvements meet City's sole and reasonable approval, which approval will not be
unreasonably withheld. In the event that the Contractor abandons the work specified in
this Agreement or causes it to be terminated, Contractor shall indemnify the City
against any loss pertaining to its abandonment up to a maximum of the amount to be paid
under this Agreement. All finished or unfinished materials, documents and reports
prepared by Contractor shall become the property of City and shall be delivered by
Contractor to City before payment, if any, is made to Contractor by City.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 After Contractor gives City written notice of the Completion Date,
City agrees to compensate Contractor, as follows, no later than twenty (20) business
days after the City Building Official or his designated representative approves all of
Contractor's completed Project work pursuant to the provisions of this Agreement:
TOTAL AGREEMENT AMOUNT: $ 59,000.00
Project completion shall be evidenced by a writing to that effect, issued by the
City Building Official and given to the City Clerk. The total compensation above may
not be exceeded without a written amendment to this Agreement executed by the
® authorized agents of both of the parties.
4.2 Payment will be made to Contractor at:
Paulo Gold, President
Accurate Tennis Courts, Inc.
41 NW 110th Avenue
Plant,Florida 33324
(954) 684-7891
4.3 The making and acceptance of the work shall constitute a waiver of all
claims by the City except for any or all claims arising from the guarantee set forth above,
unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after
final payment, or from any variations from the requirements of the Specifications for the
Project. The acceptance of payment shall constitute a waiver of all claims against City
by the Contractor.
4.4 Contractor shall, before final payment is made by City, provide City
copies of releases of all liens from any and all subcontractors, materials' providers and
the like, who or which supplied or furnished any labor, services or materials that were
used in the Project. Contractor shall then furnish the City a"No Lien Affidavit". Final
payment shall be made upon submission by the Contractor of evidence satisfactory to
the City that all payrolls, material bills and other costs incurred by the Contractor in
connection with the work have been paid in full, and after all guarantees and
specifications for products, and/or materials incorporated into the project that appear in
® this Agreement and as otherwise set forth in the specifications have been furnished to
and found acceptable by the City.
ARTICLE 5
CHANGES IN SCOPE OF WORD
City or Contractor may request changes that increase, decrease or otherwise
modify the Project, as described in this Agreement. These changes may affect the
compensation specified above and, if so, they must be described in a written amendment,
executed by the authorized agents of both of the parties, prior to any deviation from the
terms of this Agreement. In no event will Contractor deviate or permit deviation from
the work described in this Agreement or the Specifications without City's advance
written consent.
ARTICLE 6
PROTECTION OF CITY'S PROPERTY
At all times during the performance of this Agreement, the Contractor shall
protect the City's property from all damage whatsoever on account of Contractor's
performance of work toward completion of the Project described by this Agreement.
ARTICLE 7
INDEMNIFICATION
7.1 The Contractor agrees to indemnify and hold harmless the City and its
elected and appointed officers, agents, servants and employees from and against any and
all claims, demands or causes of action whatsoever and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments and decrees
sustained by the City and any third party arising out of, or by reason of, or resulting from
the Contractor's work toward completion of the Project, Contractor's reckless acts, or
negligent acts, or both and any and all errors or omissions of whatsoever kind up to a
maximum amount of the Total Agreement Amount.
7.2 The Contractor agrees to release the City from and against any and all
liability and responsibility in connection with the Project work. If Contractor exposes
City to liability for any reason arising out of the Project work, Contractor's
compensation may be withheld until City can determine the extent of City's exposure
and City retains the right to offset any amounts related to such matters against
Contractor's compensation, if any. City will notify Contractor in writing when it
determines Contractor may have exposed City to any liability and City will provide a
reasonably ascertainable date by which resolution of the exposure, offset or both will be
determined.
® ARTICLE 8
INSURANCE
8.1 The Contractor shall not commence work under this Agreement until
Contractor has obtained all insurance required under section 8.4 of this Article
("Coverage") and such Coverage has been approved by the Risk Manager of the City.
The Contractor shall not allow any subcontractor to commence work on any
subcontract until the subcontractor, as provided in section 14.3, below, and all Coverage
required of any subcontractor, have been approved by City. In addition, Contractor
shall be responsible for any policy deductibles and self-insured retentions.
8.2 Contractor shall file Certificates of Insurance with the City, reflecting
evidence of the Coverage. They shall be filed with the City Risk Manager within ten
(10) days of the date first above written. These Certificates shall contain a provision that
Coverage afforded under these policies will not be canceled until at least thirty (30) days
prior written notice has been given to the City. Policies for Coverage shall be issued by
companies authorized to do business under the laws of the State of Florida and any such
companies' financial ratings must be no less than "A" in the latest edition of the
"BEST'S KEY RATING GUIDE", published by A.M. Best Guide.
8.3 Coverage shall be in force until all work required to be performed under
the terms of this Agreement is satisfactorily completed as evidenced by the formal
acceptance by the City. In the event insurance certificates provided to City indicate that
the insurance shall terminate and lapse during the period of this Agreement, then in that
event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as proof that equal and like
Coverage for the balance of the period of the Agreement and any extension of it is in
effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK
PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN
FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY
APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT.
8.4 REQUIRED INSURANCE COVERAGE.
8.4.1 General Liability Insurance includes products, completed
operations and blanket contractual liability with bodily injury limits of not less than
$1,000,000.00 per occurrence combined single limit for bodily injury and property
damage. City shall be named as an "additional named insured" under the general
liability policy including product liability. "Additional named insured" clause shall be a
rider or endorsement issued by the insurance home office, not by a local agent.
8.4.2 Workers' Compensation insurance shall be maintained by
® Contractor during the life of this Agreement to comply with statutory limits for all
employees, and in the case any work is sublet, as otherwise addressed in this Agreement,
the Contractor shall require any subcontractors similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. The Contractor and its
subcontractors shall maintain during the life of this policy Employers' Liability
Insurance. The following limits must be maintained: $500,000.00 with not less than
$100,000.00 per occurrence.
8.4.3 Comprehensive Auto Liability insurance with limits not less
than $500,000.00 per occurrence for bodily injury and property damage. This coverage
shall include owned, hired and non-owned vehicles.
The Contractor shall hold the City, its agents and employees, harmless on
account of claims for damages to persons, property or premises arising out of the
operations to complete the Project. The City reserves the right to require Contractor to
provide and pay for any other insurance coverage City deems necessary depending upon
the possible exposure to liability.
ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the
parties. Contractor agrees that it is not the City's employee for any purposes, including
but not limited to, the application of the Fair Labor Standards Act minimum wages' laws
and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida
Workers' Compensation Act, and the Florida unemployment insurance law. The
Contractor shall retain sole and absolute discretion and exercise its judgment as to the
manner and means of carrying out Contractor's activities and responsibilities toward
completion of the Project. Administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall
not conflict with City, H.U.D., or United States policies, rules or regulations relating to
the use of Contractor's funds provided for in this Agreement. The Contractor agrees
that it is a separate and independent enterprise from the City, that it has full opportunity
to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be
construed as creating any joint employment relationship between the Contractor and the
City and the City will not be liable for any obligation incurred by Contractor, including
but not limited to unpaid minimum wages, overtime premiums or both.
® ARTICLE 10
PUBLIC CONSTRUCTION BOND
10.1 At the time of the execution of this Agreement, Contractor shall furnish
a Public Construction Bond equal to the amount of the bid, or an Irrevocable Letter of
Credit acceptable to City in the amount of one hundred fifty percent (150%) of the bid
from Contractor's lending institution which will be considered Bond Coverage for the
City (in either case, the guarantee is referred to in this Article 10 as the "Bond"). If a
Public Construction Bond is submitted, it will be in the form prescribed by Florida law (a
copy of such Bond is attached to this Agreement, identified as Exhibit "B" and
incorporated by this reference). Any authorized Bond shall guarantee to the City the
completion and performance of the work covered in the Agreement. The Bond shall at
all times be valid and in force to cover the work being performed. The Bond shall be
executed by a Surety Company approved by the U.S. Treasury Department, licensed to
do business in the State of Florida, and having a registered agent in Broward County (the
"Surety") or, if an Irrevocable Letter of Credit is supplied, it must first be reviewed and
approved in writing as acceptable to City in all respects, including the identity and
location of the issuing bank, by the City's Chief Financial Officer, which approval will
not be unreasonably withheld.
•
• 10.2 The Contractor agrees to keep any such Bond, or a replacement of it, in
full force and effect at all times during the course of performance of this Agreement. In
addition to the foregoing requirements, such Bond shall contain provisions, whether by
attaching endorsements or supplemental agreements, guaranteeing to the City the
completion of the work described in this Agreement. Contractor may comply with the
requirements of this provision by causing the Bond to specifically name the CITY OF
DANIA BEACH as one of the parties to whom the protection afforded by the Bond is
extended or as an alternative, may furnish the City with a separate Bond meeting the
same criteria provided above.
ARTICLE 11
DEFAULT OF AGREEMENT AND REMEDIES
11.1 Liquidated Damages. It is mutually agreed between the parties that time
is of the essence of this Agreement, and in the event the Project is not completed within
the time and in the manner specified in this Agreement, it is agreed that from the
compensation otherwise to be paid to the Contractor, the City may retain the sum of
Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and holidays
included, that the work remains uncompleted and the City is denied full benefit of
completion of the Project, which sum City and Contractor agree represents the
damages the City will have sustained per day for the failure of the Contractor to
complete the Project within the time stipulated. The parties agree that this sum is not a
® penalty.
11.2 Remedies in Default. In case of any default by Contractor, the City,
through City's Building Official or his designated representative, shall notify the
Contractor, in writing, of such default and direct Contractor to comply with all
provisions of the Agreement. A copy of such written notice shall be mailed to the Surety
on the Bond, or the lending institution named in the Irrevocable Letter of Credit (the
"Bank"), whichever is applicable. If Contractor does not cure such default within seven
(7) days of the date after notice was sent by City, City may declare a default of this
Agreement and will notify the Contractor and the Surety or Bank of such declaration of
default in writing and terminate the Agreement.
11.2.1 Within ten (10) days of such declaration of default, the Surety
on the Bond shall, at its own cost and expense, rectify or cause to be rectified the default
and also contract with a replacement contractor to be approved by City. Surety's
replacement Contractor will assume the work of Contractor and complete performance of
the work of the Project under the Agreement within thirty (30) days of City's approval of
Surety's replacement Contractor. The Surety shall receive payment equal to what would
have been paid the Contractor had the Contractor continued to perform the work under
the Agreement, less any compensation paid to Contractor by City and less all sums due
the City for any damages suffered or any expenses incurred, or both, by reason of
Contractor's default. Alternatively, if applicable, City shall notify Bank that the
Irrevocable Letter of Credit is required to be honored and payment immediately made to
City.
11.2.2 If such Surety or Bank fails to perform any of its obligations
as described above, the City may complete the Project, or any part of it, either by day
labor or re-letting a contract ("Default Contract") for the same, and procure the
equipment and the facilities necessary for the completion of the Default Contract, and
charge the cost of same to the Contractor, the Surety, or both, together with the costs
incident to such default.
11.2.3 In the event the City completes the Default Contract at a lesser
cost than would have been payable to the Contractor under this Agreement, if the same
had been fulfilled by Contractor, City shall retain such difference. Should such cost to
the City be greater, then the Contractor, the Surety, or both shall pay the amount of such
excess to the City.
ARTICLE 12
BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective on the date and at the time
the bankruptcy petition is filed and Contractor will automatically be in default of this
Agreement and the provisions of Article 11 will be enforced at City's discretion.
ARTICLE 13
DISPUTE RESOLUTION
13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in
question between City and Contractor arising out of, relating to or pertaining to this
Agreement, or the breach of it, or the services of it, or the standard of performance
required in it, shall be addressed by resort to non-binding mediation as authorized under
the laws and rules of Florida; provided, however, that in the event of any dispute between
the parties, the parties agree to first negotiate with each other for a resolution of the
matter or matters in dispute and, upon failure of such negotiations to resolve the dispute,
the parties shall resort to mediation. If mediation is unsuccessful, any such matter may
be determined by litigation in a court of competent jurisdiction in Broward County,
Florida, or the Federal District Court of the Southern District of Florida and appropriate
appellate courts for such venue and jurisdiction. In any litigation, the parties agree to
each waive any trial by jury of any and all issues. In the event of any litigation which
arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard
of performance required in it, the prevailing party shall be entitled to recover reasonable
attorneys' fees from the non-prevailing party, subject to the limits of this paragraph.
Where the prevailing party is awarded compensatory damages from the non-prevailing
party, the amount of attorneys' fees shall not exceed the amount of compensatory
damages. If no compensatory damages are awarded, the prevailing party is entitled to
reasonable attorneys' fees, which entitlement and award shall not exceed the total amount
payable as Contractor's compensation under this Agreement.
® 13.2 Operations During Dispute.
• 13.2.1 In the event that a dispute, if any, arises between the City and
the Contractor relating to this Agreement, or its performance or compensation, the
Contractor agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
13.2.2 Notwithstanding any other provisions in this Agreement,
whenever any service provided by the Contractor fails to meet City's reasonable
approval, the City will have the right to terminate the Agreement seven (7) days after the
date when the written notice was sent by City of the deficiency, if Contractor has not
cured such deficiency within that time.
ARTICLE 14
MISCELLANEOUS
14.1 Legal Representation. It is acknowledged that each party to this
Agreement had the opportunity to be represented by counsel in the preparation of this
Agreement, and accordingly, the rule that a contract shall be interpreted strictly against
the party preparing same shall not apply to this Agreement due to the joint contributions
of both parties.
14.2 Records. Contractor shall keep such records and accounts and require
any and all subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement, and
any expenses for which Contractor may attempt to claim reimbursement. Such books
and records will be available at all reasonable times for examination and audit by City
and shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for disallowance by City of any fees or expenses based upon
such entries.
14.3 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any
way or otherwise encumbered, under any circumstances, by Contractor without the prior
written consent of City. For purposes of this Agreement, any change of ownership of or
controlling interest in Contractor shall constitute an assignment which requires City
approval. Violation of the terms of this paragraph shall constitute a breach of this
Agreement by Contractor and City may, in its discretion, cancel this Agreement and
all rights of Contractor under this Agreement will terminate.
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written
document executed by the authorized agents of the parties.
. 14.4 No Contingent Fees. Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for Contractor any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate the
Agreement without liability and, in its discretion, to deduct from the Agreement price, or
otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
14.5 Notice. Whenever any party desires to give notice to the other party, it
must be given by written notice, sent by certified United States mail, with return receipt
requested, addressed to the party for whom it is intended. The places for giving of notice
shall remain as set forth below until they shall have been changed by written notice in
compliance with the provisions of this section. For the present, the Contractor and the
City designate the following as the respective persons and places for giving of notice:
City: Kenneth Koch, Building Official
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
® Copy to: Thomas J. Ansbro, Esq.
City Attorney
Weiss, Serota, Helfman, et al.
3100 Stirling Rd.
Suite 300
Hollywood, Florida 33312
Contractor: Paulo Gold, President
Accurate Tennis Courts, Inc.
41 NW 110' Avenue
Plant, Florida 33324
(954) 684-7891
14.6 Binding Authority. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and is authorized to
bind and obligate such party with respect to all provisions contained in this Agreement.
14.7 Headings. Headings in this Agreement are for the convenience of
reference only and shall not be considered in any interpretation of this Agreement.
14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential
® part of this Agreement. The exhibits, if not physically attached, are treated as parts of
this Agreement and are incorporated in it by this reference.
• 14.9 Severability. If any provision of this Agreement or application of it to
any person or situation shall to any extent be held invalid or unenforceable, the remainder
of this Agreement, and the application of such provisions to persons or situations other
than those as to which it shall have been held invalid or unenforceable, shall not be
affected, and shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
14.10 Governing Law. This Agreement shall be governed by the laws of the
State of Florida with venue lying in Broward County, Florida.
14.11 Extent of Agreement. This Agreement represents the entire and
integrated agreement between the City and the Contractor and supersedes all prior
negotiations, representations or agreements, either written or oral.
14.12 Waiver. Failure of the City to insist upon strict performance of any
provision or condition of this Agreement, or to enforce any right contained in it, shall not
be construed as a waiver or relinquishment for the future of any such provision, condition
or right, but the same shall remain in full force and effect.
14.13 Conflict. In the event there is a conflict between any of the terms in any
of the documents contained in any Exhibit to this Agreement and any terms of this
Agreement, the terms of this Agreement shall prevail.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY:
CITY OF DANIA BEACH
A Florida Municipal Corporation
A TES
CHARLENE JO i nN, CITY CLERK R BER ANTO AYOR
APPROVED FOR KO AND CORRECTNESS:
IV TO, CITY MANAGER
BY: AAIL
THO AS J)AN` RO, CITY ATTORNEY
® CONTRACTOR:
ACCURATE TENNIS COURTS, INC.
COMPANY NAME
CORPORATE SEAL: By:
(IF APPLICABLE) IGNATURE
PAUI o GOLD F—x P
PRINT NAME
PRESIDENT
TITLE
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE M ,an officer du authorized by law to administer oaths and take acknowledgments,
personally appeared t0 ' J C as and , as
,respectively,of C ntractor, ,a Florida and
acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the
instrument is the act and deed of the Contractor.
IN WITNESS OF THE FOREGOING,I have set and an fficia 1 at in t rate and
County aforesaid on 200 .
u I• State of Flor' a t arge
Haft AKayfw My mmissionExpires:
+� My Commission DD140990 al 1? Qr0
Rio,w� Expires August 12,2005 5Y �6-ab �0a
EXHIBIT "A"
SPECIFICATIONS
FOR
COURT RESURFACING
AND
NEW COURT CONSTRUCTION
AT C.W. THOMAS PARK
DANIA BEACH, FL 33004
I. Scope
1. This project will take place in the existing C.W. Thomas Park located at N.W. 8 Avenue and
NW 1 Street, Dania Beach, Fl. The project will consist of resurfacing of the existing court .
area and the construction of a new junior size basketball court to be located in the north east
portion of the Park(see attached site plan).
2. Resurfacing of Existing Court Area
The work shall consist of removing existing poles, backboards, pressure clean existing courts
to remove mildew and dirt prior to resurfacing; cut out all damaged asphalt areas, deroot and
replace with fresh asphalt; flood courts and check for low spots, then patch puddled areas to
a standard tolerance of 1/16"; patch cracks with crack filler prior to resurfacing; roll entire
court area including grass pathway existing between courts with 1 '/2 ton mechanical roller to
smooth surface imperfections; resurface all court areas using four (4) coat system: one (1)
coat acrylic resurfacer and three (3) coats Fortified Plexipave or surface product of similar
specifications; re-stripe to create two regulation size basketball courts, one court to be
located east of existing center light poles, one court west of existing light poles
(specifications to be provided by the City of Dania Beach Parks Personnel); installation of
four new poles, backboards and hoops/nets for basketball;
Resurfacing of Paddleball Walls
Repair cracks by cutting open into a `vee-shape', fill with compatible paintable rubber- or
silicone-based caulking, stricken to a smooth flat surface; repair holes and imperfections by
cleaning, applying a bonding agent and filling to a smooth flat surface with mortar; paint
with three coats exterior acrylic paint(paint color to be provided by the City of Dania Beach
Parks Personnel). pK
9 �
Junior Basketball Court
Remove sod and ground to create a four (4) inch level con ete slab measuring 46' by 87'.
Court shall then be surfaced using a four(4) coat system: one (1) coat acrylic resurfacer and
three (3) coats Fortified Plexipave or surface product of similar specifications. Re-stripe to
meet specifications (to be provided by the City of Dania Beach Parks Personnel); installation
of two new poles, backboards and hoops/nets for basketball;
1
oil. General Conditions:
1. For all labor performed by the Contractor, the Contractor shall include the furnishing of all
materials, labor, tools and equipment to complete the resurfacing of existing court area and
installation of a junior size court as specified.
2. The Contractor's submitted bid constitutes an understanding of all specifications and
conditions related to this project. Contractor accepts all responsibility for the preparation of
all substrates and the correct application of materials specified.
3. The specifications stipulated herein shall be considered a part of the contract. Any
disagreements over any portion of these specifications must be brought to the attention of
the Owner or Owner's representative who will determine any changes that must be made.
III. Surveys
1. City will provide Contractor with a Boundary Survey and site plan.
V. Alternates
1. Alternative surfacing materials will be considered. Contractor to submit specifications for
proposed equivalent materials with proposal.
VI. Workmanship
1. All materials installed and all work performed shall be in compliance with and conformance
to the Florida Building Code, 2001 County Edition.
2. Contractor shall assure that all work is performed in a workmanlike manner, and carried out
so as to minimize any inconvenience to the residents. The Contractor shall maintain a full
work force from the commencement of work to its completion. A qualified foreman shall be
on the job site at all times.
VII. Inspection:
1. Any application or installation which does not conform to this specification, The Florida
Building Code, or which does not meet with the approval of the Owner's representative,
shall be removed, corrected and/or repaired to meet specification. The Contractor shall be
available for regular inspections throughout the work process.
VIII. Liaison:
1. The Building Official will be the Owner's designated representative. Contractor shall
transmit all information pertaining to the job to the liaison and shall not permit unauthorized
interference from the occupants or customers of the Owner's property, residents, or the
Contractor's employees.
2
® IX. Safety:
1. The Contractor shall be responsible for ensuring that employees read and follow all label
directions and safety requirements recommended by the manufacturer of all products.
2. Contractor shall take appropriate measures to ensure protection of neighboring and
surrounding properties, to include buildings, sidewalks, streets, and vehicles. Contractor
shall arrange for barricades to keep vehicles from parking in front of the work areas, to keep
pedestrian traffic out of these areas, and to direct pedestrian traffic away from the work
areas. Barricades are to be installed at the commencement of the work and left until
completion of the project.
3. Contractor shall protect all landscaping materials, walks, sidewalks, and other flat work.
X. Materials Storage
1. Bids shall be based on materials that meet requirements of specifications. Manufacturer's
specifications and information to be submitted with bid proposal.
2. All materials shall be delivered to the job site in the manufacturer's original, sealed
packaging with manufacturer's labels.
3. In the unlikely event that obviously defective or damaged material reaches the job site or
damage to the material occurs from improper storage on the job site, it is the responsibility
of the Contractor not to install this material. In the case of material that has obvious
manufacturing defects, the material supplier should be notified immediately so replacement
material can be supplied if the complaint is justified. Installation of defective material can
result in additional costs above the cost of supplying replacement material. If the contractor
chooses to install material with obvious defects, this added cost is not the responsibility of
the City.
XI. INSTALLATION
1. Installation of resurfacing materials, new court, poles, backboards, hoops/nets shall be
done in a timely manner. Project shall be completed within 60 days of signed agreement.
XII. CLEANUP
1. All trash and debris shall be cleaned from grounds and removed from site on a daily basis.
4. All equipment left on site shall be secured at the end of each workday.
3
EXHIBIT "B"
® PUBLIC CONSTRUCTION BOND
BY THIS BOND, We, as Principal
and , a corporation, as Surety, are bound
to THE CITY OF DANIA BEACH, FLORIDA, herein called Owner, in the sum
of Dollars ($ ), for payment of which we bind ourselves,
our heirs, personal representatives, successors, and assigns,jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , 2003, between Principal and Owner
pertaining to , the contract being made a part of this bond
by reference, at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in §255.05(l), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal for the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract, including, but not
limited to, all losses, damages, expenses, costs and attorney's fees, including appellate proceedings that
Owner sustains as a result of Principal's delayed completion of the contract (i.e., liquidated or actual
® damages for delayed completion), failure to provide, or breach of any warranties or guarantees required
by or given under the contract, failure to provide accurate as-built drawings, breach of the indemnification
clauses in the contract, failure to maintain continuously the insurance requirement required by the
contract, failure to pay all royalties or license fees or failure to provide for safety of persons and property;
and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the contract documents, compliance or noncompliance with any
formalities connected with the contract or to the contract, or Principal's allegation that its performance
under the contract was prevented or frustrated by the Owner or that Owner breached the contract, the
changes does not affect Surety's obligation under this bond.
DATED ON , 2003.
(Name of Principal)
By:
(As Attorney in Fact)
(Name of Surety)
® o
4
i i rj . •
T
,3
FLORIDA
October 1, 2003
Paulo Gold, President
Accurate Tennis Courts, Inc.
15082 Tall Oak Avenue
Delray Beach, FL. 33446
RE: RESURFACING OF THE MULTI-PURPOSE COURTS AND
CONSTRUCTION OF A JUNIOR BASKETBALL COURT AT C.W.
THOMAS PARK
Dear Mr. Gold:
On September 23, 2003, the Dania Beach City Commission adopted
Resolution No. 2003-222 approving the Agreement between Accurate Tennis
® Courts Inc. and the City of Dania Beach for the resurfacing of the multi-purpose
courts and construction of a junior size basketball court at C.W. Thomas Park.
We enclose a copy of the resolution and two (2) original agreements that
have been executed by the City of Dania Beach. These Agreements now require
final execution by Accurate Tennis Courts Inc. Please also fill in the date of
execution on the first page of each agreement and return one (1) fully executed
original to me for our records.
If you have any questions regarding this project, please contact Ken Koch,
Building Official, at (954) 924-3650.
Sincerely,
M�iamNasser
Deputy City Clerk
® Enclosures
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
Agenda Request Form
IN
f
City of Dania Beach
Agenda Item• o
Date of Commission meeting: 9/23/2003
Description of Agenda Item: Award bid for resurfacing and construction at CW Thomas Park
Commission action being requested:
Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/ RFP
Presentation ❑ General approval of item ❑ Continued from meeting
f3ther�(Please explain}
Summaryexplan ton and background ray
Advertisement for bids to resurface existing multi-purpose courts and construction of a junior size
basketball court at CW Thomas Park was conducted and staff recommends Accurate Tennis Courts
Inc. in the amount of$59,000.00. This was the lowest bidder and submitted all information requested.
This project is part of a renovation through a FRDAP grant.
A#tacked exhibitsand'additional backup materials (Pl.easezlist)' '
taw,_,,,,�.� ,.�,_-_�.. a�a ,,�r ;,.. � � �..i
Resolution - electronic attachment
Bid Tabulation and backup documentation - Hard Copy
Bid Submittal Form - Hard Copy
For purchasing requests ONLY
Department: City Manager Amount: $59,000.00
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑
Account Name: Land Improvement Account Number: 103-72-1531-56-636
Submitted by: btemchuk Date: 9/16/2003
Department Director. Bonnie Temchuk Date: 9/16/2003
Admin. Services Director. Date:
® Finance Director: Patricia Varney Date: 9/17/2003
City Manager. Ivan Pato Date: 9/17/2003
BID TABULATION FORM
BID OPENING DATE: August 25, 2003 TIME: 3:15 p.m.
PROJECT NAME:_��. —/71nYI'4s PA-9k,
&�J27' 4esoll�&1-JG
PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED)
K 0- 7r ���ecS _
t
0
DeOAJY
THE FOLLOWING BIDS WERE RECEIVED ON THE ABOVE DATE AND OPENED BY
NO. VENDOR BOND BASE BID
1 Ill 2S aq3.
2 000. o0
3
414
5
6
7
8
9
10
11
AFTER THE BID OPENING, THE BIDS WERE TURNED OVER TO THE FOLLOWING BID
CO MI EE MEMBERS FOR REVIEW AND TABULAT�q
/� ,S Try �-D/
CITY OF DANIA BEACH
BID SUBMITTAL FOR
COURT RESURFACING AND NEW COURT CONSTRUCTION
AT C.W. THOMAS PARK
PARKS AND RECREATION DEPARTMENT
CITY ADMINISTRATION CENTER
TO: City Commission
City of Dania Beach
U. \)C proposes to:
(1) Resurface existing court area
(2) Install new poles, backboards and hoops/nets at existing court area.
(3) Construct new junior size basketball court (including all poles, backboards
and hoops/nets).
(4) Resurface Paddleball Court Walls
(5) Clarifications faxed 8/15/03 and 8/19/03
TOTAL BID $ -1 , 000 , 00
NOTE: BID FROM MUST BE SIGNED WITH THE FIRM'S NAME,AND BY AN OFFICER OF
THE COMPANY OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR
FIRM BY SIGNATURE.
Submitted this ( � day of A 4,Lt!, ,u . 12003
Company Name: l
Address: `� V I,,! o f h A U e. f ct.��� �I -�s _S
Telephone: C,q
R Lr
Printed name of company representative Sign to of com ny representative
P'llu
n�' /'a
Title
Sylorn to and subscribed before me this 1 day of SL.(�+�+ -�� 2003,by
,who is(personally known or showing identification).
and did/did not)take an oath.
�/tiLy t iZ{„;c Notary ub c,State of Florida,County ofG,.� rL�
•tile"- CINDY HIIl-MWAMS '
;= MY COMMISSION#DD 164944
'a EXPIRES:November 14,2006
���P.'f„t:'1'• Sanded Thru Nctry Pudic urrde tws