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HomeMy WebLinkAboutR-99-0333U J-99-409 5%11j99 RESOLUTION NO. 9 ntth� 9^ 333 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION, BY AGILE COURTS CONSTRUCTION COMPANY, INC. AND McCOURT CONSTRUCTION, COMPANY, INC., UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 1153-0/01, IN AN AMOUNT NOT TO EXCEED $247,300; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANTS, AS APPROPRIATED FOR CAPITAL PROJECTS IN SECTION VI OF GENERAL APPROPRIATION ORDINANCE NO. 11705, AS AMENDED. WHEREAS, pursuant to Resolution No. 98-1109, the City of Miami submitted grant applications for the Safe Neighborhood Park Bond Program (SNPBP), second year funding cycle for special projects in the amount of $3,365,900, and for challenge grants in the amount of $1,793,900 to fund a variety of projects which include new buildings, building renovations, lighting, other site improvements, pool renovations, and land acquisition projects; and WHEREAS, the City Manager and the Director of Parks and Recreation recommend the refurbishing of sport courts at various City parks by Agile Courts Construction Co., .Inc. and McCourt C= CONIIKISSION VMTING OF MAY 1 1 1999 Resolution No. 99- �33 1 1� i- Construction, Company, Inc., in an amount not to exceed $247,300, utilizing Miami -Dade County Contract No. 1153-0/01; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The recitals and finding's contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The refurbishment of sports courts at various City parks for the Department of Parks and Recreation by Agile Courts Construction Co., Inc. and McCourt Construction, Company, Inc., utilizing Miami -Dade County Contract No. 1153-0/01, is hereby approved, in an amount not to exceed $247,300, with funds therefor hereby allocated from the Safe Neighborhood Park Bond Program and Community Development Block Grants, as appropriated for Capital Projects in Section VI of General Appropriation Ordinance No. 11705, as amended. Section 3 This Resolution. shall become effective - 2 - 14- 99- 333 immediately upon its adoption and signature of the Mayor PASSED AND ADOPTED this 11th day of May 1 1999. JOE CAROLLO, MAYOR NMa)(ordld not Indicate approval Of �),rm-idod, sak-, legislation now irorn t icn action wc 10A -S he dato of C Mayor cx" Si a veto. ATTEST: regarding sane, without tho May 6 % i - . im. �Ev—j.)•:oernan, Cit,/ Clerk WALTER J. FOEMAN CITY CLERK AP W3444:RCL:BSS AND CORRECTNESS:& If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 99- 333 11 CITY OF MIAM1, FLORIDA 27 INTER -OFFICE MEMORANDUM 1 To: Honorable Mayor and Members DATE: MAY 3 1999' FILE of the City Commission SUBJECT: Authorizing the Refurbishment of Sport Courts at Various City Parks/Dade County Bid No. 1153-0/01 FROM: lot � REFERENCES ald H. Warshaw City Manager ENCLOSURES: I '.- RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the refurbishment of sport courts at various City parks, as designated herein, by Agile Courts Construction Co., Inc., for a total estimated amount not to exceed $247,300.00, for the Department of Parks and Recreation. Funding is available from the Safe Neighborhood Park Bond Program (SNPB) and Community Development Block Grants (CDBG) appropriated in Section VI of the City's General Appropriation Ordinance No. 11748, as amended, adopted January 12, 1999 for Capital Projects. BACKGROUND On November 17, 1998, the Miami City Commission adopted Resolution No. 98-1109 authorizing the City Manager to submit applications and accept grants from Miami -Dade County for projects designated for the Safe Neighborhood Park Bond Program(SNPBP), second year funding cycle. Pursuant to Resolution No. 98-1109, the City of Miami submitted grant applications for the second year funding cycle for special projects in the amount of $3,365,900.00 and for challenge grants in the amount of $1,793,900, to fund a variety of projects which include new buildings, building renovations, lighting, other site improvements, pool renovations, and land acquisition projects. Among the site improvement projects are the refurbishment of sport courts at various City parks, utilizing both SNPB funds and Community Development Grant fund. The Departments of Purchasing and Parks & Recreation have realized a substantial savings in time and administrative costs utilizing the Miami -Dade County contract for said service. 99 - 333 N Honorable Mayor and Members of the City Commission Page two It is therefore recommended that an award be made to Agile Courts Construction Co., Inc., as the responsible and responsive vendor awarded under existing Miami -Dade County Contract No. 1153-0/01, for the City parks and in the estimated amount designated below. Park Kirk Munroe Range Park Bryan Park Curtis Park Douglas Park Dorsey Park Lemon City Park Legion Park Fern Isle Park Reeves Park Clemente Park Southside Park Riverside Park Williams Park Moore Park TOTAL DHW/ /AR/ms 171: Estimated Coat $ 25,000.00 $ 25,000.00 $ 12,500.00 $ 10,000.00 $ 25,000.00 $ 20,000.00 $ 4,800.00 $ 15,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 $ 5,000.00 $ 15,000.00 $ 10,000.00 $247,300.00 Ri,ndi n!_Source SNBP SNBP SNBP SNBP SNBP SNBP SNBP SNBP SNBP SNBP SNBP SNBP CDBG CDBG CDBG CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Donald H. Warshaw City Manager FROM: Alberto Ruder, Director Parks and Recreation c r1l 1411- DATE: FILE : SUBJECT: Authorizing the Refurbishment of Sport Courts at Various City Parks/ Dade County Bid No. 1153-0/01 REFERENCES: ENCLOSURES: The Parks and Recreation Department has verified that funds are available with the Department of Management & Budget to refurbish sports courts for the City Parks and in the estimated amount designated below, at a total cost of $247,300.00. Funding is available from Safe Neighborhood Park Bond (SNPB) funds and Community Development Block Grants (CDBG) appropriated in Section VI of the City's General Appropriation Ordinance No. 11748, as amended, adopted January 12, 1999, for Capital Projects. CIP Project Estimated Funding Kirk Munroe 331343 $ 25,000.00 SNPB Range Park 331070 $ 25,000.00 SNPB Bryan Park 333109 $ 12,500.00 SNPB Curtis Park 333113 $ 10,000.00 SNPB Douglas Park 333102 $ 25,000.00 SNPB Dorsey Park 331357 $ 20,000.00 SNPB Lemon City Park 331386 $ 4,800.00 SNPB Legion Park 331312 $ 15,000.00 SNPB Fern Isle Park 333103 $ 20,000.00 SNPB Reeves Park 331389 $ 20,000.00 SNPB Clemente Park 331056 $ 25,000.00 SNPB Southside Park 333111 $ 5,000.00 SNPB Riverside Park 331395 $ 15,000.00 CDBG Williams Park 331351 $ 10,000.00 CDBG Moore Park 331070 $ 1s,00()_00 CDBG TOTAL $247,300.00 t, man ■ Cy- Donald H. Warshaw Refurbishment of Sports Courts Page 2 BUDGETARY REVIEW & APPROVED BY: 14#uie Brennan Interim Director Department of Management & Budget ADDITI jk l Gwendolyn Community D A&'64.-S AR/RM/ms , Director ament Department ADDITIONAL APPROVALS Pi Saenz-But er CIP Administrator Department of Management & Budget Ll It N CONTRACT AWARD . EET BID NO.: 1153-0/01-CW Tennis & Sport Courts (Renovation & Repair) CONTRACT PERIOD: 12/1/98 thru 11/30/01 COMMODITY CODE: 988-86 AWARD BASED ON MEASURES: Yes () No (X): PART #1: VENDORS AWARD (Previous Bid No.: 1153-0/98) OTR YEARS: N/A () Set Aside () Bid Preference () Goal () BBE () HBE () WBE owned firms () Local Preference () CSBE Level (0 Prevailing Wages (Reso. 90-143) 59-2414076 59-1551594 59-2010019 AAA Courts, Inc. Agile Courts Const. Co., Inc. McCourt Const. Co.,lnc. 5910 S.W. 43 Street 7335 S.W.104 Street 16155 S.W. 117 Avenue, #26 Davie, FI 33314 Miami, F133156 Miami, FI 33177 Dest. Dest. Dest. Net 30 Days 2% 10 Days 1 % 10 Days, Net 30 As required As required As required 305-388-6802 305-667-1228 305-255-0252 954-316-4814 305-667-6959 305-378-2396 David A. Hebert Brian E. Bauer Daniel C. McAlpine PART #2: ITEMS AWARDED ALL AWARDEES SHALL BE NOTIFIED AND REQUESTED TO SUBMIT PRICE PROPOSALS FOR EACH PROJECT. PART #3: AWARDAN_FOR (X) BCC ( ) PMD AWARD DATE: 10/6/98 AGENDA ITEM(S) #: 6F3A BIDS & CONTRACTS RELEASE DATE: 10/21/98 OTR YEAR: WA ADDITIONAL ITEMS ALLOWED: See Attached SPECIAL CONDITIONS: See Attached TOTAL CONTRACT VALUE: $ 1,122,000.00 MODIFIED CONTRACT VALUE: $ WA DOLLAR AMOUNT USER DEPARTMENT ALLOCATED PARK & RECREATION $ 1,010,000.00 SEAPORT $ 10,000.00 Edward Mason, CPPB Senior Procurement Agent 7.23.98 99--3 ■ ■ r BID NO: 1153-0/01-CW ■ MIAMaADE OPENING: ....10 P.M. Wcdnesday MMF DATE: July 22, 1998 MIAMI-DADE COUNTY, FLORIDA � INVITATION TO BIDS TITLE TENNIS AND SPORTS COURT REPAIR AND RENOVATION FOR PARKS AND RECREATION DEPARTMENT FOR A THREE (3) YEAR PERIOD THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND: N/A CATALOGUE AND LISTS: N/A EQUIPMENT LIST: N/A INDEMNIFICATION/INSURANCE: SEE SECTION 2.0, PARA.. 2.11 PRE -BID CONFERENCE/WALK-THRU N/A RACE -CONSCIOUSNESS MEASURE: N/A SAMPLES/INFORMATION SHEETS: N/A SITE VISIT/AFFIDAVIT: N/A SOURCE OF SUPPLY: N/A TRADE CERTIFICATION: SEE SECTION 2.0, PARA. 2.14 WRITTEN WARRANTY: N/A FAIR SUBCONTRACTING PRACTICES: SEE SECTION 2.0, PARA. 2.38 LISTING OF SUBCONTRACTORS & SUPPLIERS SEE SECTION 2.0, PARA. 2.39 FOR INFORMATION CONTACT: EDWARD MASON, CPPB (305) 375-3900 MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION IVi METROPOLITAN DADE COU` "TD NO. 1153-0/01-CW SECTION 2.0 SPECIAL CONDITIONS TENNIS AND SPORTS COURT REPAIR AND RENOVATION FOR PARKS AND RECREATION DEPARTMENT FOR A THREE (3) YEAR PERIOD 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this Invitation To Bid is to establish a contract for the purchase of Tennis and Sports Court Repair and Renovation in conjunction with the County's needs on an as needed when needed basis. 2.2 Intentionally Omitted 2.3. Intentionally Omitted 2.4 TERM OF CONTRACT: FIXED PERIOD This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for thirty-six (36) months and upon completion of the expressed and/or implied warranty periods. 2.5 Intentionally Omitted 2.6 METHOD OF AWARD Award to all responsive, responsible Bidders who meet or exceed the minimum qualifications established in Section 3 shall be placed on a list of pre -qualified Contractors who will be contacted from time to time by the County to provide quotations for Work required by the County. The County shall be the sole determiner of who meets the minimum qualifications. The County at its sole option may reopen the qualification process should at any time during the contract term, there be less than three (3) pre -qualified GC Contractors, or Specialty Trade Contractors. 2.7 PRICING Price quotes by Contractor(s) shall be in the form of a lump sum (unless notified otherwise) and incudes all labor, materials and equipment, and any other items identified by the County in the request for quotations, necessary to perform the Work. The County shall notify the Contractors at the time of requesting quotations as to the requirements for the Works, including, but not limited to; time for completing the Work, pre -quote meeting and/or site visit, if the County will pull permits, liquidated damages (if applicable), if the work is to be performed at night, or weekends, etc. All Contractors shall submit a list of wage rates to be paid to each trade classification of the project, with the amount of health benefits paid cash, or a copy of health policy. Page 1 99-} 333 r � � METROPOLITAN DADE f ITY BID NO. 1153-0/01-CW The County, at its sole discretion, may reject quotations where the County determines that the Contractor(s) has submitted a price that is insufficient to perform the Work or is in excess of the County's estimate to perform the Work. 2.8 Intentionally Omitted 2.9 Intentionally Omitted 2.10 COUNTY DAMAGES IN CASE OF DELAY The Contractor is obligated and guarantees to meet the stipulated completion date(s) set forth in the RPQ. In the event of a delay in Substantial Completion beyond the date set forth in the RPQ, as such time may be extended by the County as provided in this Contract, the County shall be paid for damages for such delay. In as much as the amount of such damages and the loss to the County will be extremely difficult to ascertain, it is hereby expressly agreed that such damages will be liquidated and paid as.follows: The Contractor shall pay to the County for each and every day of unexcused delay, except Sundays and Holidays, the sum specified in the applicable RPQ, which is hereby agreed upon not as a penalty but as liquidated damages. The County shall have the right to deduct such liquidated damage assessments from any monies due or which may thereafter become due to the Contractor under this Contract; and in case the amount which may become due hereunder shall be less than the amount of liquidated damages due the County, the Contractor shall pay the difference upon demand by the County. Should the Contractor not pay the difference to the County, the County may also deny the Contractor any future work under this Contract or any other County contract until such difference is paid to the County. 2.11 INDEMNIFICATION AND INSURANCE - (6) - CONSTRUCTION RELATED CONTRACTS Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, Miami, Page 2 g9- 333 c c K- METROPOLITAN DADE C01 Y '0 NO. 1153-0/01-CW Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Policy shall be endorsed to include Broad Form Property Damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $100,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized _ to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. LOIN The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. Issuance of a purchase order is -contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission' approval. If the insurance certificate is received within the specified tir frame but not in the manner prescribed in this Invitation To Bid, the Bidd shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. I` Page 3 1, 99- 333 METROPOLITAN DADE CC 'Y ID NO. 1153-0/01-CW the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, Para 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2.12 Intentionally Omitted 2.13 Intentionally Omitted 2.14 CERTIFICATE OF COMPETENCY In accordance with the Code of Metropolitan Dade County, Florida, Section 10-3 (B), any person, firm, corporation or joint venture who shall bid or proffer a bid shall, at the time of such bid or proffer of bid, hold a valid Certificate of Competency for Tennis and Sports Court work issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this Bid Solicitation and will be performed by a subcontractor(s), an applicable Certificate of Competency issued to the subcontractors) shall be submitted with the Bidder's proposal; provided, however, that the County may at its sole option and in its best interest allow the Bidder to supply the Certificate to the County during the bid evaluation period. 2.15 METHOD OF PAYMENT: INVOICE MATCHED TO WORK ORDER The successful Bidder(s) shall submit an invoice which reflects the appropriate purchase order number and work location to the County using department that issued a Work Order to the Bidder(s). The date of the invoice shall not exceed thirty (30) calendar days from the completion and acceptance of the work requested through the Work Order. Under no circumstances shall - the invoice be submitted to the County in advance of the completion and acceptance of the work. The invoice shall reference the corresponding Work Order number. Page 4 9 9 - 333 =__VF METROPOLITAN DADE CO'"'rY 2.16 Intentionally Omitted 2.17 Intentionally Omitted 2.18 Intentionally Omitted q1D NO. 1153-0/01-CW 2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within five (5) calendar days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion. notify the bidder, in writing, that the bidder may be debarred as a COL bidder and/or subject to contractual default 'if the corrections ur replacements are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.20 CONTACT PERSONS For any additional information regarding the specifications and requirements of this contract, Contact: Edward Mason, CPPB at (305) 375-3900. 2.21 COUNTY -WIDE/ Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not -far -profit or quasi -governmental entity which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its ow^ payments, determine shipping terms and issue its own exemption certificates required by the bidder. Page 5 99- 333 METROPOLITAN DADE C( TY JID NO. 1153-0/01-CW 2.22 ACCIDENT PREVENTION AND REGULATIONS Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. ACCIDENT PREVENTION AND REGULATIONS AT THE SEAPORT DEPARTMENT All operations at the County's Seaport Department are under the direct control of Seaport Department personnel. Interference with vessels* and vehicular traffic must be kept to a minimum. Ship berthing areas and roadways shall not be closed or opened by or for the Bidder unless express permission is given to the Bidder by the Seaport Engineer. The Bidder shall plan the scheduling of its work in collaboration with the Engineer in order to insure safety for and, minimum hindrance to, port operations. All equipment shall be withdrawn from work areas at the end of the work day in order to eliminate immediate or potential hazard to traffic and facilities. Materials stored at the Seaport by the Bidder shall be serviced in a manner that minimizes any obstruction to water and ground traffic. All equipment and stored materials shall be marked by barriers with flashing lights at no additional cost to the County. The Bidder shall exercise careful control during all phases of the work to prevent damage to Seaport utilities; including, but not limited to, overhead lights and buried cables. Before commencing work in any given area, the Bidder, working in conjunction with the Engineer and the Dade County Seaport Department Maintenance Staff, shall endeavor to locate any possible utility conflicts. Should the Bidder damage any Seaport utility through negligence, it shall promptly repair the damage at its own expense. 2.23 CLEAN-UP All unusable materials and debris shall be removed from the premises. At completion, the successful bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the Department Project Manager. 2.24 COMPLETION OF WORK FROM DATE OF NOTICE TO PROCEED The Bidder shall state in its proposal the number of calendar days from the date of the Notice To Proceed in which it will guarantee to complete the work, repair, and/or service. A verbal instruction from an authorized County representative shall constitute sufficient notice to the vendor to commence work. Time for completion may be considered a factor in determining the successful bidder. The completion date shall not exceed calendar days after date of Notice to Proceed. All work shall be performed in accordance with good commercial practice and the work schedule and completion dates shall be adhered to by the successful bidder(s); except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the bidder. In these cases, the bidder shall notify the County of the delays in advance of Page 14 99- 333 C 1M METROPOLITAN DADE CO' `+TY 9ID NO. 1153-0/01-CW the original completion date so that a revised completion date can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to complete .he work within the number of days as stated in its proposal, it is hereby agreed and understood that the County reserves the authority to cancel the contract with the bidder and to secure the services of another vendor to complete the work. If the County exercises this authority, the County shall be responsible for reimbursing the bidder for work which was completed and found acceptable to the County in accordance with the bid specifications. In addition, the County may, at its option, request payment from the bidder, through an invoice or credit memo, for any additional costs over and beyond, the original bid price which were incurred by the County as a result of having to secure the services of another vendor. If the bidder fails to honor this invoice or credit memo, the County may suspend the bidder from submitting bid proposals on County contracts for a minimum period of six (6) months. 2.25 COST ESTIMATES FOR EACH PROJECT The successful bidder(s) shall be required to submit a written estimate on each prospective project before a work order is issued. The estimate must reflect the regular hourly wages for each classification represented in this bid and the percentage discounts or mark-ups for materials and equipment that were quoted by the bidder on its Bid Proposal form. The estimate shall be itemized by the number of work hours per classification and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The County reserves the right to award the project to the lowest bidder based -q the written estimate or to reject all estimates based on price and obtain required services from another source of supply. The actual charge to the County shall not exceed ten percent (10%) of the Bidder's estimate without the expressed prior approval from an authorized agent of the County. 2.26 COUNTY CONTRACTORS EMPLOYMENT AND PROCUREMENT PRACTICES By accepting this contract, the Bidder is indicating compliance with Ordinance No. 98-30. This ordinance states that entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and, ii) a written procurement policy which sets forth the .procedures the entity utilizes to assure that it does not discriminate against minority and women owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies order to receive a County contract. The foregoing presumption may be rebutte Page 15 99- 3"3 METROPOLITAN DADE C( TY 2.27 EMERGENCY SERVICE JID NO. 1153-0/01-CW The successful bidder shall provide 24 hours, 7 days a week Emergency Service to the County under the contract. During regular working hours (Monday through Friday, 8:00 A.M. to 5:00 P.M.), Emergency Service response time shall be within three (3) hours after notification by the County. During other than regular working hours, the emergency response time shall be within six (6) hours after notification by the County, a minimum labor charge of four (4) hours per employee responding to emergency calls other than regular working hours shall be allowed. 2.28 LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 of this Solicitation entitled "Technical Specifications", the Bidder shall furnish all labor., material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. 2.29 LICENSES. PERMITS AND FEES The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the bidder for failure to obtain required licenses, permits or fines shall be borne by the bidder. 2.30 LIMITATION OF CONTRACT SHALL BE $50,000 PER PROJECT Although the purpose of this Solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to receive all orders that may be generated by the County in conjunction with this Solicitation. It is hereby agreed and understood that, in accordance with Dade County Resolution #120-83, any trades assistance work project exceeding $50,000.00 must be bid separately and cannot be incorporated under the terms and conditions of this Solicitation. 2.31 LOCAL OFFICE SHALL BE AVAILABLE The Bidder shall maintain an office within the geographic boundaries of Dade or Broward Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. Page 16 99- 333 ar wo METROPOLITAN DADE COI Y ?D NO. 1153-0/01-CW 2.32 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the County by. the Bidder are found to be defective or do not conform to specifications, the County reserves the right to (1) cancel the order and return such materials to the Bidder at the Bidder's expense or (2) require the Bidder to replace the materials at the Bidder's expense. 2.33 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A WORK ORDER The Bidder shall neither commence any work nor enter a County work premise until a Work Order directing the Bidder to proceed with various items of work has been received from any authorized County representative; provided however, that such notification shall be superseded by any emergency work that may be specified in the Special or Technical Specifications. 2.34 ORDINANCE 90-143 WILL APPLY Bidders are advised that Metropolitan Dade County Ordinance 90-143 will apply to this contract and that the requirements of this ordinance are spelled out in the Supplemental General Condition Section of the bid documents. 2.35 RELEASE OF CLAIM REQUIRED Pursuant to Florida Statute 255.05 and Metropolitan Dade County Code Section 10-35, all payments to the bidder's subcontractors shall be made within ten (10) days of receipt of the draw by the bidder. With the exception of the first draw, the bidder must pay all of its subcontractors and suppliers who have performed any work or supplied any materials for the project within ten (10) days after receipt of the draw by the bidder for monies -due it as a result of a percentage of the work completed. The bidder must provide the County's project manager with duly executed affidavits (subcontractor's statement of satisfaction) or releases of claim from all subcontractors and suppliers who have performed any work or supplied any materials for on the project as of that date. The affidavit or releases shall certify that said subcontractors and suppliers have been paid their proportionate share of all previous draws. In the event such affidavits cannot be furnished, the bidder may submit an executed consent of surety to requisition payment; identifying the subcontractors and suppliers with the amounts for which the statement of satisfaction cannot be furnished. If the bidder fails to provide a consent of surety to requisition payment, the amount in dispute will be withheld until either the statement of satisfaction is furnished, or the consent of surety to requisition payment is furnished. 2.36 SUBCONTRACTING OF WORK The Contractor shall obtain acceptance from the PM of all Subcontractors prim to utilizing any Subcontractors, SUBCONTRACTORS CERTIFIED AS "CSBE". LEV. ONE. SINGLE TRADE CONTRACTORS SHALL RE UTILIZED FIRST_ IF THREE OR MORE AR! Page 17 If a propos g- 3 0 w 5 METROPOLITAN DADE C 'TY BID NO. 1153-0/01-CW Subcontractor is not acceptable, the Contractor may propose another Subcontractor, or if it chooses to perform the Work itself, Contractor should so notify the PM. In addition, the Contractor shall notify the PM of the addition, deletion or substitution of any Subcontractor it proposes to make, including all relevant information or reasons for the change. The County reserves the right to not accept any proposed Subcontractor for reasonable cause. A GC may only subcontract the Work to subcontractors holding appropriate Certificates of Competency from the State of Florida and/or registered in Miami -Dade County for the Work to be subcontracted. Where a subcontractor has defaulted in the performance of the Work the subcontractor can not be used on any other Work under this Contract, regardless of the requesting department without the prior written approval of the PM and the GSA Procurement Management Division. The Contractor shall fully inform any Subcontractors of all provisions and requirements of this Contract relating either directly or indirectly to the Work to be performed and the materials to be furnished under such subcontract agreement and the agreement shall expressly state that labor performed and/or equipment/materials furnished shall comply with all requirements of this Contract and any RPQ issued under this Contract. The agreement between the Contractor and each Subcontractor shall contain terms and conditions the are in accordance with applicable law regrading payments by contractors, and unless prescribed by law, such agreements between Contractor and Subcontractor relating to payments and retrainable shall be no less favorable to the Subcontractor than are those set forth in this Contract or any RPQ issued under this ''contract. Acceptance of any Subcontractor by the County shall not operate as a waiver of any right against the Contractor or third parties nor shall it relieve the Contractor of any of its obligations to perform the Work under this Contract. Each of the foregoing provisions shall apply to any further subletting of any part of the Work by a Subcontractor to another Subcontractor and, for the purpose of this Paragraph, upon such further subletting, the Subcontractor of the first tier shall be deemed the Contractor. 2.37 SUPERINTENDENT SHALL BE SUPPLIED BY THE BIDDER The successful Bidder shall employ a competent superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall be the primary representative for the Bidder and all communications given to and all decisions made by the superintendent shall be binding to the Bidder. Notwithstanding, the superintendent shall be considered to be, at all times, an employee of the Bidder under its sole direction and not an employee or agent of Dade County. 2.38 FAIR SUBCONTRACTING PRACTICES In accordance with Ordinance 97-35, the Bidder shall submit with its Bid Proposal a detailed statement reporting its policies and procedures for awarding the subcontractors that will be used in the performance of the Page 18 99- 333 IF ■ METROPOLITAN DADE CCI—TY 'AID NO. 1153-0/01-CW proposed Contract. Failure to submit this statement, may result in the rejection of the Bidder's proposal. 2.39 LISTING OF SUBCONTRACTORS_ AND SUPPLIES In accordance with Ordinance 97-104, the Bidder shall submit with its Price Quotation a listing of all first tier subcontractors who will perform any part of the Contract work, and suppliers who will supply materials for the Contract. Failure to submit this list, shall result in the rejection of the Bidder's proposal. 2.40 WORK ACCEPTANCE This project will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 2.41 WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number or frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/or specifications for each assignment will be made by the County Department. The County department will notify the Bidder of each work assignment; at which time the Bidder and the County Department will mutually agree, in writing, of the beginning and ending d ; of the work assignment. For each assignment, the Bidder shall be responsi..le for the proper and necessary use of the materials in performance of the work. 2.42 WORK ORDERS SHALL BE GENERATED FOR EACH PROJECT The County's authorized representative shall generate and issue a Work Order for each project to be performed under this Solicitation and subsequent Contract. The Work Order shall include the location, description and plans, if necessary, covering the scope of work to be completed. The Work Order shall also include a cost estimate calculated by the County for the work listed on the Work Order. This estimate shall be based on the prices total on the Bidder's Proposal. For purposes of identification and payment, the Work Order shall be numbered and dated. The preliminary Work Order describing the description of work and cost estimates shall be issued to Bidder(s) which have been qualified to perform work under this Solicitation. The Bidder(s) shall be required to supply the County's authorized representative with a written price proposal within a time frame specified by the County. If multiple Bidders are solicited, the County shall select the lowest price proposal; provided that the price proposal does not exceed the dollar estimate calculated by the County. If a single Bidder is solicited, the price proposal shall be accepted; provided that the price proposal does not exceed the dollar estimate calculated by the County. The selected Bidder's name shall then be entered on the Work Order and issued to the Bidder. The Work Order shall also direct the Bidder to commence work on a certain day and it shall specify two amount of time allotted for completion of work covered by the Work Order. work covered by a Work Order shall constitute a Contract Schedule. Page 19 99- 3�3 8 METROPOLITAN DADE Cr"NTY 1ID NO. 1153-0/01-CW SECTION 3.0 TECHNICAL SPECIFICATIONS TENNIS AND SPORTS COURT REPAIR AND RENOVATION 3.1 SCOPE Furnish all labor, materials, tools, equipment, transportation services and incidentals, necessary for the repair and/or renovation of tennis and/or Sports Courts, including multi -purpose, volleyball, etc. 3.2 GENERAL All materials and installations required shall be in accordance with the applicable portions of the latest edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and its supplements with changes pertaining thereto, and with the provisions of these Contract Documents. Further, the applicable portions of the South Florid Building Code and the U.S. Tennis Court & Track Builders Association shall apply to this contract. 3.3 MINIMUM PRE -QUALIFICATION REQUIREMENTS Award of this contract will be made to all responsive, responsible bidders who provide evidence, that they meet or exceed the minimum criteria established -= below: A) Membership in the U.S. Tennis Court & Trade Builders Association. B) Copy of State of Florida General Building/Engineering Contractor license, registered with Miami -Dade County, or a Miami -Dade County, General Building/Engineering Contractor, or Specialty Trade license. C) Phone Number for twenty-four (24) hour, seven days a week, facsimile communication. 0) An individual to answer telephone communication during normal working hours (Monday thru Friday), and a answering machine for occasions that an individual is not available. Page 20 9 9 ! 333 tk. CITY OF MIAMI SUMMARY OF CONTRACTS AWARDED FOR: REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS AWARDED TO: AGILE COURTS CONSTRUCTION COMPANY, INC. Bid No. 1153-0/01-CW $247,300 TIME PERIOD From: 1994 to Present NUMBER OF BIDS 1153-0/98 1153-0/98 PRIOR CONTRACT AWARD: NONE SUMMARY OF CONTRACTS. DOC DOLLAR AMOUNTS $22,797.60 20,3 71.20 99- 333 ,tom r .j i � MIAMI-DADE COUNTY CONTRACT NO. 1153-0/01-CW - 4 ITEM: DEPARTMENT: TYPE OF PURCHASE: Refurbishment of sport courts at various city parks Parks and Recreation Short Term RECOMMENDATION: It is recommended that award be made to Agile Courts Construction Co., Inc., under existing Miami -Dade County Contract No. 1153-0/01-CW, at a total cost not to exceed $247,300.00 Allocating funds from Safe Neighborhood Park Program and Community Development Block Grants appropriated in Section VI of the City's General Appropriation Ordinance No. 11748, as amended, adopted January 12, 1999 for Capital Improvement Program. �r udy rter Director of Purchasing 41ad9l Date Award Under Dade County Contracts 99- 333