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HomeMy WebLinkAboutReso 2009-1461 RESOLUTION NO. 2009 - ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH KOR KAT INC. FOR THE PURCHASE AND INSTALLATION OF ARTIFICIAL TURF FOR THE INFIELD AT PELICAN COMMUNITY PARK, IN AN AMOUNT NOT TO EXCEED TWENTY-THREE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($23,450.00), A TT ACHED HERETO AS EXHIBIT "A"; 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 wishes to install artificial turf in the infield at Pelican Community Park that will be attractive and durable for the health and welfare of the residents; and WHEREAS, staff researched different types of artificial turf and received quotes on the best suited for the space and demographics of the community in which we serve; and WHEREAS, it was found that Kor Kat Inc. was the most responsive responsible company for the materials and installation of artificial turf, and they submitted a proposal for these services; and WHEREAS, the City wishes to contract with Kor Kat Inc. for the purchase and installation of artificial turf for the infield at Pelican Community Park, in an amount not to exceed Twenty-Three Thousand Four Hundred Fifty Dollars ($23,450.00), 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 the agreement with Kor Kat Inc. for the purchase and installation of artificial turf for the infield at Pelican Community Park, in an amount not to exceed Twenty-Three Thousand Four Hundred Fifty Dollars ($23,450.00), attached hereto as Exhibit "A". Section 2. Authorization of Mavor. 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 17th day of September 2009. R2009- Kor Kat Inc for Artificial Turf PCP Page 1 of2 ......,~ A.. "'"-""~'\t. (o[J~'" . ";'" ..~ c I~' . . ... ......) "I \'" : '~~i0 , ~, ~~.. .. CITY OF SUNNY ISLES BEACH AND KOR KAT INC. AGREEMENT CONTRACT NO. C0809-064 THIS AGREEMENT ("Agreement") entered into this . 1 -r1JL day of ~entbw 2009, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to" ity"), a mUnIcIpal corporation of the State of Florida, and KOR KAT INC. a Georgia corporation (hereinafter referred to as "Contractor") whose FederaII.D.# is 8~ -[ 01.0 3LD 18 . RECIT ALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide Artificial Turf for the City's Pelican Community Park ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, Contractor has expressed the ability and desire to provide these Services, as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Twenty-Three Thousand Four Hundred Fifty Dollars ($23,450.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: TERMS I. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. 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. Si9 3. TERM. Subject to the provisions relating to the tennination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end upon completion of the Services. Payment will be made only for work completed to the satisfaction of the City. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed on a quarterly basis, as more fully described in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. 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. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. A vailability of Funds. The City's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 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 perfonned 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. 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 fonn of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the tenns of this Agreement. 5. 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 Page 2 C0809-064 Kor Kat Inc. Playground Sales and Installation at Pelican Park Agreement r J I ~ 'U I L) 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. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 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, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) 'aggregate. o Worker's Compensation, as required by law, but with no less than One Million Dollars ($1,000,000.00) for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum Best rating of A- Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits ofliability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub- Page 3 C0809-064 Kor Kat Inc. Playground Sales and Installation at Pelican Park Agreement I I" J . · "~.D1JC1!" (170) 830:-7631 FAX: (710) 834-3550 Hmt.l tt: AgDncy, Inc. DBA Southland Inau1:anCQ A9Qncy PO Box l56 Cn 1';1':01 1 ton '''SlJIU:O Lan10r Plans Inc., DBA: KorKat, Inc. 221 Cablo IndU8U.1.D.l Way TIt! POUCIES Of' 11{S\JRNI,l(lE lrSTEO tmt.ow t-\AV€ l.lGH 1$l)\,lI;:U lO'HE mstJifElJ flo\loI11b ...aOYE FOil UiE P'OtlCy Pt;fhOO ll.~ n:tJ IiO:WlfItS r"'~IOIHO A.!~'( AEQUIREl,tEHT. 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Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Bill Evans, Public Works Director DATE: 9/17/2009 RE: Installation of Artificial Turf at Pelican Community Park RECOMMENDATION: It is recommended that the City Commisison adopt the attached resolution approving the installation of artificial turf on the infield of Pelican Community Park. REASONS: Due to the volume of play on the infield area of the baseball field at Pelican Community Park it has become increasingly difficult to maintain the natural grass infield. With the installation of artificial turf, the infield would be essentially maintenance-free for at least 10 years. Also, we would save on water utility fees in this area since it would not require any watering. We solicited 3 bids for the work and Kor Kat, Inc. came in with a bid of $23,450.00 which was quite a bit lower than the other two. ADDITIONAL INFORMATION: Since the proposed is small in size it makes for a good "test run". Should we need to acquire additional turf for other areas in the future, we will already have first-hand experience using this product. ATTACHMENTS: . Resolution . Agreement Date http://sibagenda.sibfl.net/agenda/Preview .aspx?ItemID=98&MeetingID=1 Agenda Item --' 0 E- 9-\l-OC} .~ aV™ engineered athletic turf systems HOW IS THIS FOR VAlUE;' I . All Play has the same annual . I . maintenance expense. I~ play capacity of up to 7 natural turf fields with a fraction of the JOSHUA ADAMS t ~ \11 ~ , Office 561-496-2543 Cell 561-577-8999 www.korkat.com i oshr(/)k.ork a t. co 111 -------- I ., I " I U I ., I ,.. I .- I ., I ... ~ All Play athletic fields are the latest generation, engineered twi systems available. Wefiature tw:tfiber, underlayment and infill combinations to meet sport-specific demands, or multi-sport versatility. All Play systems ensure safi, consistent athletic perfOrmance with low operating costs. Best qf all, All Play is durable enough to handle everyday play fir every player, in any weather. Imagine no cancellations due to wet conditions or worn out twjgrass and more available hours qf practice fir sports teams, band and cheerleaders. All Play is an unbeatable value. ~ - ~ I -.. - I -] I ~ 1.;- ~.. , r~ r'f (1 I:', ! I - .- -. All P I aV"'engineered athletic turf systems ~ Features & Benefits Polyethylene fibers provide: - Soft feel with low abrasion - Realistic appearance - Resistance to ultra violet degradation Our TruGrass Plus products feature a thatch fiber matrix that: - Helps the playing fibers stand upright - Resists matting - Stabilizes granular infill - Improves g-max (shock attenuation) - Improves ball bounce & roll characteristics Granular infill help provide: - Natural traction - Soft landings - Turf stability Ultra durable systems allow for everyday play: - Minimizes cancellation of games & practices - Allows more teams to play & practice Maintenance No synthetic turf system is maintenance- free. Although a fraction of the expense of natural turf maintenance, All Play turf systems require: - Regular vacuuming & sweeping to remove debris - Periodic brushing to agitate infill and stand fibers upright - Immediate stain removal - Seam repair as necessary Maintenance frequency should follow intensity of use. The more you use it, the more maintenance required! Turf Evolutions can provide specialty main- tenance equipment, and will provide on site training to your maintenance staff TURF evolutions ALTERNATIVE TURF SYSTEMS . Comparing All Play gen2 and gen3 All Play gen2 is the current industry standard system incorporating a well graded crushed stone drainage base, and a tall (2. 0" minimum) tuif pile filled with a mixture (or layering) if granulated sand and rubber. Shock attenuation pads are optional. , \ 8 VIM .9 II . "'~,. ,,~ ~ _,..' ti. .- 'y:. ,-.:,-,:_'-. '1. . ",,\:: " -- Granulated Rubber 2Ibs(fi2 Rounded Silica Sand 2Ibs(fi2 Leveling Layer compacted, stone 'dust Drainage Stone compacted !l5% proctor Drainage Pipe or strip dram composite Geotextile Natural Subgrade compacted 95% proctor All Play gen3 is the newest generation if tuif systems incorporating a thinner crushed stone base coarse, an impermeable liner, a synthetic drainage/shock pad, and shorter, denser (more durable) twfifilled with coated sand. All Play gen3 does not re[y on crushed stoneflr drainage, and does not "iY '" _I mil" fl' ,/.", u"''"U"O~ \ ,\ a y' .... \ ,. .' ~ . -,.~ TruGrass'" Plus Turf TruFiIl'" engineered tuif filler: 5Ibs(fi2 Sport Drain@ PE flam pad Leveling Layer compacted, stone 'dust 5 mil. Geomembrane . Warranty All Play athletic fields installed by Turf Evolutions carry the fiber manufacturer's 8 year fade warranty, plus our own 8 year surface workmanship warranty. Given reasonable attention and maintenance, without over use or abuse, All Play systems can last beyond 8 years. ., . , , .~ "" en :::i ~ I ~ <0 ~ en I , ~ ~ o '5 g UJ 't: .= '" o o N @ , ~ ~. o "-<5 g UJ .2 '0 -'" <0 E " -c J; I <0 '" ;;- 0:: <(