HomeMy WebLinkAboutReso 2023-3582RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH BCREMIN HOLDINGS, LLC, D/B/A
FOREVERLAWN, FOR THE INSTALLATION OF ARTIFICIAL TURF AT VARIOUS CITY
PARKS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOUR THOUSAND FOUR
HUNDRED SEVENTY-SEVEN DOLLARS AND TWELVE CENTS ($104,477.12);
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of a contractor to install
artificial turf at the Samson Oceanfront Park playground, the Pelican Park interactive play area,
and the Senator Gwen Margolis Park field perimeter (the "Services"); and
WHEREAS, BCREMIN Holdings, LLC, d/b/a ForeverLawn (the "Contractor") is a certified
and insured company with the necessary experience to provide the desired Services; and
WHEREAS, Sourcewell, a State of Minnesota local government unit and service
cooperative, issued Request for Proposals RFP #031622, "Artificial Turf and Tracks with
Installation, Related Equipment, Materials and Supplies", which was awarded to the Contractor;
and
WHEREAS, the Contractor is willing and able to provide the City with the Services
pursuant to the pricing and terms and conditions under Sourcewell Contract No. 031622-FVL;
and
WHEREAS, pursuant to Chapter 62 of the City's Code of Ordinances, purchases made
through intergovernmental cooperative purchasing arrangements or purchasing consortiums
organized as a corporation not for profit whose members are governmental entities, provided
that such cooperative purchasing arrangements or consortiums provide for a competitive
process to select a vendor, are exempt from the City's competitive bidding procedures; and
WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to
provide the desired Services, in an amount not to exceed One Hundred Four Thousand Four
Hundred Seventy -Seven Dollars and Twelve Cents ($104,477.12), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
with ForeverLawn to install artificial turf at various city parks, in an amount not to exceed One
Hundred Four Thousand Four Hundred Seventy -Seven Dollars and Twelve Cents ($104,477.12),
attached hereto as Exhibit "A".
@BCL@6407BA63.docx Page 1 of 2
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of November 2023.
Larisa Svechin, Mayor
ATTEST ' /� APPROVED AS TO FORM
/0 AND LEGAL SUFFICIENCY:
Maurikio Betanc�r, CMC, City Clerk
ain E. Boi eau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: �'11 /�"S;84k',A-4'jtSeconded by: 7 �" ZAMA
Vote:
Mayor Svechin /(Yes) (No)
Vice Mayor Joseph�Yes) 7 (No)
Commissioner Lama l/ (Yes)o)
Commissioner Stuyvesant (Yes) �(No)
Commissioner Viscarra 17�(Yes) (No)
@BCL@6407BA63.docx Page 2 of 2
S SV NNY is, ,
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
tiR�=f F -oa:aa BEACH AND BCREMIN HOLDINGS, LLC D/B/A
FOREVERLAWN NORTH MIAMI
CONTRACT NO. 2023-8055
TUIS CONTRACTUAL AGREEMENT ("Agreement") is made in duplicate, this 20_�-D
day of Or, 20243-, by and between the CITY OF SUNNY ISLES BEACH, Florida,
(hereinafter referred to as "City"), and BCREMIN HOLDINGS, LLC D/B/A FOREVER
LAWN NORTH MIAMI, a limited liability company authorized to do business in the State of
Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 87-4172103.
RECITALS
WHEREAS, the City is in need of a contractor to install artificial turf in various areas
of Samson Park, Senator Gwen Margolis Park, and Pelican Park, located within the City
("Services"); and
WHEREAS, pursuant to Resolution No. 2022-3416, dated October 20, 2022, the City
Commission approved an Agreement with Contractor for the installation of artificial turf, limited
to the dog park section of Senator Gwen Margolis Park, in an amount not to exceed One Hundred
Four Thousand Six Hundred Nineteen Dollars and Seventy -Seven Cents ($104,619.77), which
included a ten percent (10%) contingency of Nine Thousand Five Hundred Ten Dollars and
Eighty -Nine Cents ($9,510.89) ("Original Agreement");" and
WHEREAS, pursuant to Section 5 of the foregoing Original Agreement with Contractor,
City paid Contractor a deposit equal to fifty percent (50%) of the contract price of Ninety -Five
Thousand, One Hundred and Eight Dollars and Eighty -Eight Cents ($95,108.88), or more
specifically, Forty -Seven Thousand Five Hundred Fifty -Four Dollars and Forty -Four Cents
($47,554.44); and
WHEREAS, City has made no payments to. the Contractor pursuant to the Original
Agreement except for the deposit of Forty -Seven Thousand Five Hundred Fifty -Four Dollars and
Forty -Four Cents ($47,554.44); and
WHEREAS, the City thereafter made the decision not to go forward with the installation
of artificial turf to the dog park section of Senator Gwen Margolis Park, and the Original
Agreement has since expired prior to the commencement of any services; and
WHEREAS, the City desires to enter into this Agreement with Contractor to complete
the new Services, and Contractor remains a certified and insured company with the necessary
experience to provide the desired new Services; and
WHEREAS, Sourcewell, a State of Minnesota local government unit and service
cooperative, issued Request for Proposals RFP #031622, "Artificial Turf and Tracks with
Installation, Related Equipment, Materials and Supplies", and on June 21, 2022, approved an
award to Contractor for an initial four (4) year term, terminating on May 26, 2026, with the option
to renew for one (1) additional one (1) year term; and
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WHEREAS, pursuant to the City's procurement code provisions, purchases made through
intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as
a corporation not for profit whose members are governmental entities, provided that such
cooperative purchasing arrangements or consortiums provide for a competitive process to select a
vendor, are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to complete the desired Services
as more particularly described in Attachment `B" in a contract amount not to exceed One Hundred
Four Thousand Four Hundred Seventy -Seven Dollars and Twelve Cents ($104,477.12);
WHEREAS, Contractor has agreed to apply the deposit amount of Forty -Seven Thousand
Five Hundred Fifty -Four Dollars and Forty -Four Cents ($47,554.44) previously paid by City,
resulting in a total contract amount not to exceed Fifty -Six Thousand Nine Hundred Twenty -Two
Dollars and Sixty -Eight Cents ($56,922.68);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of Sourcewell issued Request for Proposal ("RFP") RFP #
031622, "Artificial Turf and Tracks with Installation, Related Equipment, Materials and Supplies"
and Contractor's response thereto which are specifically incorporated herein as Attachment "A,"
as well as Contractor's Proposal to the City which is incorporated herein as Attachment `B"
(hereinafter referred to as "Contract Documents").
3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions
set forth in the Contract Documents, as more particularly described in Contractor's proposal to the
City attached hereto as Attachment `B" (hereinafter referred to as "Services").
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall commence when this Agreement is fully executed
by both parties and shall expire on November 1, 2024.
Contractor is to commence performance of the Services from the date of this Agreement and
continue in a diligent manner until completion of the Services. The terms of Sections 18 and 19
entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively,
shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreement, in a total amount not
to exceed Fifty -Six Thousand Nine Hundred Twenty -Two Dollars and Sixty -Eight Cents
($56,922.68), which amount represents a credit for the deposit of Forty -Seven Thousand Five
Hundred Fifty -Four Dollars and Forty -Four Cents ($47,554.44), previously paid by City. The City
shall pay the foregoing amount after successful completion of the Services.
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with
the Contract Documents and the schedule of charges as reflected in Attachment `B," under the
following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
B. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City in accordance with the Invoicing provisions contained in
Sourcewell's RFP # 031622 attached hereto as Attachment "A." If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
A. Workers' Compensation and Employer's Liability.
Worker's Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed
below.
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
B. Commercial General Liability Insurance. Contractor will maintain insurance
covering its operations, with coverage on an occurrence basis, and must be subject
to terms no less broad than the Insurance Services Office ("ISO") Commercial
General Liability Form CG0001 (2001 or newer edition), or equivalent. At a
minimum, coverage must include liability arising from premises, operations, bodily
injury and property damage, independent contractors, products -completed
operations including construction defect, contractual liability, blanket contractual
liability, and personal injury and advertising injury. All required limits, terms and
conditions of coverage must be maintained during the term of this Contract.
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and. Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
C. Commercial Automobile Liability Insurance. During the term of this Agreement,
Contractor will maintain insurance covering all owned, hired, and non -owned
automobiles in limits of liability not less than indicated below. The coverage must
be subject to terms no less broad than ISO Business Auto Coverage Form CA
0001 (2010 edition or newer), or equivalent. Minimum Limits:
$1,000,000 each accident, combined single limit
D. Umbrella Insurance. During the term of this Contract, Contractor will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits: $2,000,000
E. Network Security and Privacy Liability Insurance. During the term of this Contract,
Contractor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure
of Contractor's security resulting in, but not limited to, computer attacks,
unauthorized access, disclosure of not public data — including but not limited to,
confidential or private information, transmission of a computer virus, or denial of
service.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and
ensure that each of its sub -Contractors providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits specified
herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
8. WARRANTY OF SERVICES.
It is intended by the Parties that the City obtain the most expansive warranty services available
in the Contract Documents. Unless otherwise provided in Attachments "A" and `B," the
Contractor's Warranty of Services shall be as follows:
A. The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be in addition to
whatever rights the City may have under state or federal law. The Contractor's
obligation under this warranty shall be at its own cost and expense, to promptly
repair or replace (including cost of removal and installation), that item (or part or
component thereof) which proves defective or fails to comply with the Agreement
within the warranty period such that it complies with the Agreement.
B. Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
C. Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and all
apparent and latent defects that are required under state or federal law.
9. DEFECTIVE WORK.
A. The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
B. Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305).949-3113 Fax
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
C. If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
D. Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
E. Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. If Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor ten (10) days written notice. The terms of Paragraph l0A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris sibfl.net
aboileau n nlaw.com
If to the
Bobby Cremin
Contractor:
Owner
Bob Cremin Holdings, LLC d/b/a
Forever Lawn North Miami
19 Heritage Drive
Easton, CT 06612
bobb nmiami.foreverlawn.com
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
C. Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the Contractor does not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided by
Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 9
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial
status, or status with regard to public assistance. The Contractor will take affirmative action to
insure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The Contractor
agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement. Contractor shall at all times
hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected
by the City to defend City, its agents, representatives, officers, directors, officials and employees
from and against any and all causes of action, demands, claims, losses, liabilities and expenditures
of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the intentional or negligent act of, or omission of Contractor, including those of their employees,
agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of
this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures,
demands or causes of action of any nature whatsoever resulting from injuries or damages sustained
by any person or property. In the event any lawsuit or other proceeding is brought against City by
reason of any such claim, cause of action or demand, Contractor shall, upon written notice from
City, resist and defend such lawsuit or proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachment "A" and `B."
21. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Contractors must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D."
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
[SIGNATURE PAGE TO FOLLOW]
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 12
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
s�
ignatu e
6-L &&e-sk4w
Print Name
STATE OF R V Ida
COUNTY OF Min bde,
BCREMIN HOLDINGS, LLC D/B/A
FOREVERLAWN NORTH MIAMI
Bobbi Cugif
BaE6y Uemin Ian B.lOEa0A:15 EStl
Bobby Cremin, Owner
The foregoing instrument was acknowledged before me by means of D physical presence or ❑
online notarization, this of Il`'tday of January, 2021#by Bobby Cremin, as owner of BCREMIN
Holdings, LLC, d/b/a ForeverLawn North Miami.
(SEAL) Notary Public, State of Florida
(Signature of Not Public)
��pr ►u' DVDRA KIARA UDELL
e 1.1 Notary Public • State of Florida
®` Commission # HH 234583
of V My Comm, Expires Mar t, 2026
a ssn.
(Pri ,
Commissioned Name of Notary
Public)
Personally Known or Produced Identification
Type of Identification Produced:0?_0
1FIN1 0 1YINCIS ACeYl3e
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 13
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
+; (305) 947-0606 phone (305) 949-3113 Fax
A
CMC City Clerk
Department Head
CITY OF N Y ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
lain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 14
ForeverLawn North Miami
2950 NE 188th St. Unit 304
Aventura FL, 33180
Date:9/19/2023
Gayle Vasile
The City of Sunny Isles Beach
18115 North Bay Road
Sunny Isles Beach, FL 33160
gvasile@sibfl.net
Project Name: Sunny Isles Beach Artificial Grass Project
Project Description:
Sourcewell Contract #: 031622-FVL
Samson Park Playground
-Removal and disposal of existing poured in place rubber flooring
-3 inch safety foam pads on top of existing rubber mulch
-Ground contact pressure treated nailer boards around perimeter
Fore erLawn
NORTH MIAMI
-ForeverLawn Academy turf installation
-Stapled into perimeter boards, mechanically brushed in all areas with infill
Senator Gwen Margolis Field Perimeter
-Removal of all organic material, excess dirt, debris
-add fill as needed to level selected areas
-3/8" angular peat rock compacted and leveled as base to bridge field grade down to sidewalk
grade
-ForeverLawn LM70 in all areas
-stake down and mechanical brush in all areas
Pelican Park Landscape Area
-Removal of 3-4 inches of dirt, organic material, debris
-compact and level 3-4 inches of 3/8 inch angular peat rock
-install and secure ForeverLawn LM70
ForeverLawn North Miami c
Fore�s p������2950 NE 188th St. Unit 304
Aventura FL, 33180 NORTH MIAMIe
Samson Park Playground
3,112SF
$63,776.14
ForeverLawn Academy
$5.73
$23,034.60
SafetyFoam Pro 3"
$33.99
$14,615.70
Installation
$3.15
$9,802.80
Perimeter Boards
$4.50/1-inear Foot
$1,314.00
Stone Base
$.90
$2,800.80
Ground Removal
$1.50
$4,668.00
Infill
$25.00
$3,950.00
Playground Install Upcharge
$.45
$1,400.40
Install Supplies (Tape, Glue,
$307.91/roll of tape, $81.90/glue
$2,189.84
Staples, hardware, etc.
bucket, $.15/SF extras
SGMP Field Perimeter 2750SF $30,411.23
ForeverLawn LM70 $4.75 $13,062.50
Installation $3.15 $8,662.50
Stone Base $.90 $2,475.00
Ground Removal $1.50 $4,125.00
Infill $25.00 $750.00
Install Supplies (Tape, Glue, $307'.91/roll of tape, $81.90/glue $1,336.23
Staples, hardware, etc. bucket, $.15/SF extras
ForeverLawn North Miami
2950 NE 188th St. Unit 304
Aventura FL, 33180
Pelican Park Landscape Area
ForeverLawn LM70
Installation
Perimeter Boards
Install Supplies (Tape, Glue,
Staples, hardware, etc.
Stone Base
Ground Removal
Infill
Shipping
Total
Pricing Includes:
Notes:
Fore erLawn
NORTH MIAMI;:
525SF
$4.75
$3.15
$4.50/1-inear Foot
$307.91/roll of tape, $81.90/glue
bucket, $.15/SF extras
$.90
$1.50
$25.00
All materials for the turf, installation materials, all associated
freight charges and a professional installation by a trained and
certified ForeverLawn install team.
Any changes to project scope may incur additional
charges
Payment terms to be decided
$47,554.44 paid as deposit on previous canceled project
$6,301.25
$2,493.75
$1,653.75
$315.00
$78.75
$472.50
$787.50
$500.00
$3,988.50
$104,477.12
ForeverLawn North Miami Fore erLawn
2950 NE 188th St. Unit 304
Aventura FL, 33180 NORTH MIAMI;l=
Expiration:
This pricing is guaranteed for 60 days from the date
above
ForeverLawn to Provide:
- ForeverLawn product and installation accessories
- Professional ForeverLawn installation including layout, trimming,
seaming, and attaching of the product.
- Cleanup
Authorized Signature:
Date:
ForeverLawn NM:
Date:
ForeverLawn PFAS Safety Statement
Since our inception, ForeverLawn has prioritized both quality and integrity of product, understanding that
to properly serve our customers and communities we must provide a solution that enhances and fosters
safety, accessibility, and longevity. Guided by this conviction, we have selected both materials and
partners with the utmost caution to ensure we produce the best and safest synthetic grass solutions.
As a result of this, we say with absolute certainty that the entire ForeverLawn family of products are not
constructed with any per- and/or polyfluoroalkyl substances (PFAS) and have reverified with our suppliers
that all components used are PFAS-free. It should be noted that while our materials and products are not
manufactured with PFAS, certain processes and environmental conditions can cause trace amounts of
PFAS to appear on specific products. However, these residual quantities are negligible when compared
to other common household items and do not pose any known safety concerns.
It is commonly known that many products we engage with every day contain some PFAS. For example,
a toothbrush might have up to 800 parts per million of PFAS. Makeup, medicines, and other personal
care products may contain several thousand parts per million. In contrast, independent testing of our
product components have verified that our products contain less than 100 parts per million - far less than
these everyday products.
As such, we oppose statements claiming that "all artificial turf is made with toxic PFAS compounds,"'
and instead stand by the proven safety of our products which help preserve the well-being of our
customers and their environments.
Synthetic turf has time and time again been shown to safeguard and enhance community life. Synthetic
turf protects water sources by eliminating chemical runoff from pesticides and fertilizers.2 Athletes using
synthetic turf field facilities have comparable or even lower carcinogenic exposure levels when
compared to groups of their peers.3 Furthermore, synthetic turf increases usability of spaces by up to
300% when compared to even the most intensely maintained natural grass spaces.4
ForeverLawn also proudly offers a variety of proprietary and proven safety features within our products
and systems, including antistatic and antimicrobial product qualities, superior G -MAX ratings, up to 15 -
foot critical fall height ratings, and surfaces exceeding ADA accessibility specifications.
ForeverLawn is fully committed to improving our communities' safety, from the production to the
applications of our products. We are continuously seeking ways to enhance and improve these
offerings, even as we lead the industry in safety, accessibility, and longevity. We look forward to
continually serving our customers with the best products and practices available.
Brian Karmie Tom Fulk
Co -Founder of ForeverLawn Supply Chain I3 Production Specialist
1 Perkins, Tom. "Boston Bans Artificial Turf in Parks Due to Toxic'Forever Chemicals'." The Guardian, Guardian News and Media, 30 Sept.
2022, https://www.theguardian.com/environment/2022/Sep/30/boston-bans-artificial-turf-toxic-forever-chemicals-pfas.
2 "Issue Briefs 8 Position Statements for STC Members." Synthetic Turf Council,
https://www.syntheticturfcouncii.org/general/custom.asp?page=Position Statements.
3 Peterson, Michael K., at al. "Comprehensive Multipathway Risk Assessment of Chemicals Associated with Recycled ('Crumb') Rubber in
Synthetic Turf Fields." Environmental Research, vol. 160, 1 Mar. 2018, pp. 256-268., https://doi.org/l 0.1016l7.envres.2017.09.019.
4 "Issue Briefs 8 Position Statements for STC Members." Synthetic Turf Council,
https://www.syntheticturfcouncii.org/general/custom.asp? page=Pos ition_Statements,
Fo4erLawn
ForeverLawn Landscape 15 -Year Limited Warranty and Closed Loop Warranty System
Warranty valid upon registration.
The ForeverLawn® Fifteen -Year Limited Warranty is part of our Closed Loop Warranty System, which registers your ForeverLawn Landscape
purchase and ensures premium service over the life of the product. Registration of your ForeverLawn Landscape purchase connects the
product with the address of installation or use and connects you, the warranty holder, directly with the warranty provider—ForeverLawn Inc.
ForeverLawn Inc. warrants that your ForeverLawn Landscape product will be free from defects in materials for a period of fifteen (15) years
from the original purchase date. Additionally, ForeverLawn Inc. warrants against excessive or premature wear (stipulated as more than 20%
decrease in pile height defined by the specifications sheet) and ultraviolet degradation.
Transferability:
Upon registration, the warranty is connected to the address of use or installation and becomes transferable to a new owner of the property.
Because the Closed Loop Warranty System links the ForeverLawn Landscape purchase to an address, notification of a change in ownership
is not required; however, if you would like to update the owner contact information in our Closed Loop Warranty System, you can do so by
e -mailing us at warranty@foreverlawn.com.
What is not covered:
• Damage from misuse, abuse, or vandalism.
• Damage from external sources including, but not limited to, flames or heat from barbeque grills or vehicle exhaust.
• Damage caused by magnified light sources including window reflection or other light magnifying or reflective objects.
• Damage caused by vehicles or heavy equipment driving on the turf.
• Normal wear and tear including, but not limited to, laying down or compression of fibers and discoloration due to residue build
up on the fibers.
• Conditions arising from a change in site condition such as shifting earth or nearby structures.
• Acts of God such as, but not limited to, fire, flood, and lightning damage.
• Installation related issues.
What you must do:
• Identify problem area with photographs and documentation.
• Contact ForeverLawn Inc, via telephone (866.992.7876) or e-mail (warranty@foreverlawn.com) with description and documentation of
issue. Include in this contact: name, contact information, and address of installation.
What we will do:
• ForeverLawn Inc., at its discretion, will repair or provide replacement for the defective product or component at a cost to the
purchaser/owner based on the following table. The "price" is the cost of the defective product or component at the time the warranty
claim is made, or the price of a comparable product or component if the original product or component is no longer in production.
• This warranty covers replacement product and re -installation of defective turf when installed by an exclusive ForeverLawn dealer.
Months After Original Purchase Date
Purchaser/Owner's Cost,
0-36 months
No cost
37-48 months
30% of replacement price
49-60 months
50% of replacement price
61-84 months
60% of replacement price
85-108 months
70% of replacement price
109-144 months
80% of replacement price
145-180 months
85% of replacement price
Limitations:
Your exclusive remedy, IN LIEU OF ALL INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR NEGLIGENCE, is
limited to repair or replacement of any product or component deemed to be defective under the terms and conditions stated above.
ForeverLawn Inc. will bear no other damages or expenses.
• Repair or replacement of a product or component under the terms of this limited warranty in no way lengthens the limited
warranty period.
Outside the terms and conditions specifically outlined herein, ForeverLawn Inc. does not make any representations or warranties, whether written or oral,
statutory, express or implied, including without limitation, any warranty of merchantability or of fitness for a particular purpose. ForeverLawn Inc. disclaims any
liability for any special, incidental, or consequential damages of any nature whatsoever.
Fo4erLawt
Tp �F S.up ti �
TO:
VIA:
FROM:
DATE:
RE:
RECOMMENDATION:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Gayle Vasile, Director of Cultural & Community Services
November 16, 2023
Approval of an Agreement with ForeverLawn for Artificial Turf at Various Cit)
Parks
Staff recommends approval of this Resolution.
REASONS:
In October 2022, the commission adopted resolution 2022-3416 to purchase, install, and warranty
artificial turf at The Bone Zone in Senator Gwen Margolis Park. Following the approval, a deposit o
$47,554.44 was paid. Subsequently, the project was put on hold and ultimately cancelled due to
additional project expenses that were not approved by the City Commission. Other, more urgent
needs have been identified and therefore we are requesting approval to utilize those approved funds
for the following projects:
• Samson Park Playground Surfacing — This playground equipment is being replaced under warrant)
and new surfacing will be needed once that is completed.
• Pelican Park interactive Play Area — this new interactive play area currently has playground mulch
which creates maintenance issues as well as discomfort for users.
• Senator Gwen Margolis field perimeter — for maintenance purposes and to provide more viewing
areas for the spectators at soccer games, artificial turf will replace the shrubs that had little
survivability and restricted view corridors during games.
ADDITIONAL INFORMATION:
As the original agreement expired without completing the work, we are entering into a new
agreement for the same, previously approved amount of $104,477.12. ForeverLawn agreed to extend
Item Number: 10.E
the discount and warranty on their products and services based on Sourcewell contract #031622. The
$104,477.12 is budgeted and approved. The deposit will be applied as a credit, leaving the remaining
balance not to exceed $56,922.68.
FUNDING SOURCE:
Funding is budgeted for and available in the infrastructure account 001-6-5720-463000-00000.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.E
Lorisa Svedtin
Moyor
Dear Mr. Cremin:
In accordance with Section 9(A) of the Agreement with the City of Sunny Isles
Beach, Contract No. 2023-8055, Bob Cremin Holdings, LLC, d/b/a Forever Lawn
of North Miami ("Forever Lawn") is being provided with this Notice of Defective
Work, and this notice to cure within ten (10) days from the date hereof. As
expressly provided in Section 9(A):
The City or its designee shall have the authority to reject or disapprove
work which is found to be defective. If defective work is found, Contractor
shall promptly either correct all defective work or remove such defective
work and replace it with non -defective work. Contractor shall bear all direct
and indirect costs of such removal or corrections including cost of
testing laboratories and personnel.
More specifically, Forever Lawn was contracted, in part, to install artificial turf
grass at the Gwen Margolis Park field perimeter. However, upon inspection of the
work after completion, it is readily apparent that the six (6) inch nails used are not
adequately secured in the ground, and can be extracted or loosed with little effort,
creating significant risk of injury and liability. Additionally, the aggregate rock
base for the synthetic turf does not have a proper and adequate border, causing
continuous spillage from underneath the turf.
Page 1 oft
April 22. 2024
Alex Lama
vice Mayor
Jerry Joseph
Cammissiarre.
Sent via email to: bobb% a nmi;uni.furcr�rla��o.ami
Fabiola Stuyvesant
Commissioner
Sent via certified mail return receipt to:
JenCmmineer Viscorra
Commissior
Bobby Cremin
Bob Cremin Holdings, LLC
d/b/a Forever Lawn North Miami
Ston Morris
19 Heritage Drive
City Manager
Easton. CT 06612
Mauricio Betanwr
City Cierw, CMC
Re: Notice of Defective Work City of Sunny Isles Beach Contract No. 2023-
8055
Dear Mr. Cremin:
In accordance with Section 9(A) of the Agreement with the City of Sunny Isles
Beach, Contract No. 2023-8055, Bob Cremin Holdings, LLC, d/b/a Forever Lawn
of North Miami ("Forever Lawn") is being provided with this Notice of Defective
Work, and this notice to cure within ten (10) days from the date hereof. As
expressly provided in Section 9(A):
The City or its designee shall have the authority to reject or disapprove
work which is found to be defective. If defective work is found, Contractor
shall promptly either correct all defective work or remove such defective
work and replace it with non -defective work. Contractor shall bear all direct
and indirect costs of such removal or corrections including cost of
testing laboratories and personnel.
More specifically, Forever Lawn was contracted, in part, to install artificial turf
grass at the Gwen Margolis Park field perimeter. However, upon inspection of the
work after completion, it is readily apparent that the six (6) inch nails used are not
adequately secured in the ground, and can be extracted or loosed with little effort,
creating significant risk of injury and liability. Additionally, the aggregate rock
base for the synthetic turf does not have a proper and adequate border, causing
continuous spillage from underneath the turf.
Page 1 oft
Canso Svenhin
Mayor Pursuant to Section 9(A), please correct all defective work within ten (10) days
.vex tomo hereof. Please note that in accordance with Section 9(B):
Vico Mayor
Jerry Joseph Should Contractor fail or refuse to remove or correct any defective work or
commirsiorner to make any necessary repairs in accordance with the requirements of this
Foblolo Stuyvesant Agreement within the time indicated in writing by the City Manager or its
Commissioner designee, the City shall have the authority to cause the defective work to be
JenCmmier Viscarra removed or corrected, or make such repairs as may be necessary at
Commlesioner
Contractor's expense. Any expense incurred by the City in making such
Ston Morris
City Moriager removals, corrections or repairs, shall be paid for out of any monies due or
Mouriato Betanour which may become due to Contractor. In the event offailure of Contractor
City cork, CMC to make all necessary repairs promptly and fully, which is not cured in the
cure period, the City may declare Contractor in default.
(emphasis added). Consequently, if the defective work is not corrected within ten
(10) days from the date of this correspondence, Forever Lawn will be deemed in
Default of its Agreement with the City pursuant to Section 10(A), and cost incurred
by the City to remedy the defective work will be the sole responsibility of Forever
Lawn.
At this time, and until the defective work is remedied to the City's satisfaction,
please cease and desist from conducting any additional work at Samson Park and
Pelican Park under the Agreement.
Should you have any questions, please feel free to contact me.
Stan Morris
City Manager
cc: Susan Simpson, Deputy City Manager
Gayle Vasile, Director, Cultural & Community Services
Mauricio Betancur, City Clerk
Alain E. Boileau, City Attorney
Page 2 of 2