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HomeMy WebLinkAboutReso 2013-2024RESOLUTION NO. 2013 --;Q-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSALS (RFP) NO. 12- 10 -03; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH SPORTS TURF ONE, INC. TO FURNISH AND INSTALL ARTIFICIAL TURF IN SENATOR GWEN MARGOLIS AND PELICAN COMMUNITY PARKS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the high volume of use of the fields at the Senator Gwen Margolis Park and the Pelican Community Park, it is necessary to replace the natural turf with quality artificial turf; and WHEREAS, the City issued and advertised Request for Proposals No. 12- 10 -03, to furnish and install artificial turf at these two locations. for which seven (7) responses were received; and WHEREAS, based on price, qualifications, experience and the ability to meet the imposed timeframe for installation. Sports Turf One, Inc. was determined to be the most responsive and responsible proposer to furnish and install artificial turf in the Senator Gwen Margolis and Pelican Community Parks; and WHEREAS, the City Commission authorizes the City Manager to proceed in negotiating and entering into an agreement with Sports Turf One, Inc. the lowest most responsive responsible bidder whose proposal best serves the interests of and represents the best value to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of RFP and Authorization of City Manager. The City Commission hereby awards RFP No. 12- 10 -03, and authorizes the City Manager to proceed with negotiations and enter into an agreement with Sports Turf One, Inc. to famish and install artificial turf in the Senator Gwen Margolis and Pelican Community Parks. Section 1. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption R2013- Artificial Turf for Garen Margolis Pk and PCP Neeo (RFP 12 -10 -03) Page 1 of 2 PASSED AND ADOPTED this 21St day of February 2013. ATTEST: Jane A. Hines. GMC. City Clerk -a APPROVED AS TO FORM Vote: S-D Moved by: //� CA Q�.t�y, QQ Seconded by: LOt�nhlnA_�t r �- �1 Mayor Edelcup _LZ(Yes) (No) Vice Mayor Aelion Yes) (No) Commissioner Gatto Yes) _(No) Commissioner Levin _Wes) (No) Commissioner Scholl (/(Yes) (No) 82013. Artificial Turf for Gwen Margolis Pk and PCP Nego (RFP 12 -10 -03) Page 2 of 2 SUNNY'SF . r •,,x AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SPORTS TURF ONE, INC. OI tUM CONTRACT NO. C1213-008 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this L day of M O.fOt , 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and SPORTS TURF ONE, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is 5q -3 17 4 2 3 RECITALS WHEREAS, the City wishes to ' employ contractor for the design, construction and maintenance of the baseball /sports field at Pelican Community Park located at 18115 North Bay Road and the soccer /multipurpose field at Senator Gwen Margolis Park located at 17815 North Bay Road ( "Services "), as more particularly described in Request for Proposal No. 12- 10-03, which is incorporated herein by reference and made a part hereof; and WHEREAS, the City advertised Design Construction and Installation of Synthetic Turf for municipal field and parks, Request for Proposal No. 12- 10 -03, for the Services, and the Contractor submitted a bid in response thereto which is incorporated herein by reference as Attachment "A"; and WHEREAS, the Contractor was selected by the City as the lowest responsible, responsive bidder in response to Request for Proposal No. 12- 10 -03; and WHEREAS, Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement -with Contractor to provide the Services in a total amount not to exceed Nine Hundred Ten Thousand Seven Hundred Forty. Two Dollars ($910,742.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in this Agreement, Request for Proposal No. 12- 10 -03, and the Contractor's response thereto, attached hereto as Attachment "A ". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 10 hereunder, this Agreement shall commence from the issuance of a Notice to C 1213 -008 — SPORTS TURF ONE, INC. Page 1 of 1 I I Proceed from the City Manager or his designee and the Services for Gwen Margolis Park and Pelican Community Park shall be completed no later than August 7, 2013, and August 16, 2013, respectively, as more particularly described in Section 3.3 of Request for Proposal No. 12 -10 -03 and Attachment "A ". 4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Nine Hundred Ten Thousand Seven Hundred Forty Two Dollars ($910,742.00). Payments to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement, the phased payment outlined in Section 2.11 of Request for Proposal No. 12- 10 -03, and the schedule of charges reflected in Attachment A ", and under the following conditions: a. Disbursements. Contractor shall reimburse the City for any and all overpayments caused by canceled or forfeited games, or when the Contractor has failed to provide the services specified. 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. 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. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. 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. 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 ►17, C 1213 -008 — SPORTS TURF ONE, INC. Page 2 of 1 I �- ; OWN W IN represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms 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 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. 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 coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly -set forth below: (a) General liability insurance with limits of Five Million Dollars ($1,000,000.00) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Workers Compensation (Statutory Limits). Independent Contractors. Products and/or Completed Operations Hazard. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. J� C 1213 -008 — SPORTS TURF ONE, MC. Page 3 of I 1 Errors and Omission Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non - ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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) calendar day's prior written notice to the City Manager or his designee. 7. Payment and Performance Bonds. 7.1 Pursuant to Section 2.7 of Request for Proposal No. 12- 10 -03, the Contractor shall furnish a Performance and Payment Bond in the amount of 100% of the total Compensation amount set forth in Section 4 of this Agreement. The Contractor shall execute and furnish to City a performance bond and a payment bond in a form acceptable to the City, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as C1213-008—SPORTS TURF ONE, INC. Page 4 of I 1 1 an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualification in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: A to A +. 7.2 Two (2) separate bonds are required and both must be approved by the City. The penal sum stated in each bond shall be the amount equal to the total amount payable under the terms of the contract. The performance bond shall be conditioned that the Contractor perform the contract in the time and manner prescribed in the contract. The payment bond shall be conditioned that the Contractor promptly make payments to all persons who supply the Contractor with labor, materials and supplies used directly or indirectly by the Contractor in the prosecution of the work provided for in the Contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law; and that they shall indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said Contract which the City may be required to make under the law. 7.3 Pursuant to the requirements of Section 255.05(l)(a), Florida Statutes, it shall be the duty of the Contractor to record the aforesaid payment and perfonnance bonds in the public records of Miami -Dade County, with the Contractor to pay all recording costs. 7.4 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to fifty percent (50 %) of the Guaranteed Maximum Price, or an additional bond shall be conditioned that Contractor shall correct any defective or faulty Work or material which appears within one (1) year after final completion of the Contract, upon notification by the City. 7.5 If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, Contractor shall within seven (7) days thereafter substitute another bond and surety, both of which must be acceptable to City. 8. 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 needs to be approved in writing by the City in order to be properly authorized. 9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses C 1213 -008 — SPORTS TURF ONE, WC. Page 5 of 1 I i 10 4 and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to that agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 10. TERMINATION. A. If, through any cause within the 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. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (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 by Contractor and the City may reasonably withhold payments 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. (iii.) Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. In the event of a termination under this provision, the City shall pay to the Contractor only those direct costs associated with all Work actually completed. The Contractor shall be obligated to support its costs with back -up documentation to the City's satisfaction. 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 written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i), (ii) and (iii) above shall be applicable hereunder. C 1213 -008 — SPORTS TURF ONE, INC. Page 6 of I 1 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. LIOUIDATED DAMAGES. 11.1 The Contractor understands that if the Services for Gwen Margolis Park and/or Pelican Community Park are not completed no later than August 7, 2013, and August 16, 2013, respectively, as more particularly described in Section 3.3 of Request for Proposal No. 12 -10- 03 and Attachment "A ", then the City will suffer damages which are difficult to determine and accurately specify. As such, Liquidated Damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. 11.2 Upon failure of Contractor to complete the Services within the times specified for the substantial completion of the project (plus approved extensions in writing, if any), Contractor shall pay to City the sum of Two Thousand Five Hundred Dollars ($2,500.00) for each and every calendar day beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty. The Liquidated Damages shall apply regardless of whether or not a single Contract is involved and shall apply separately to each portion of the Services for which a time of completion is given. City shall have the right to deduct from and retain out of moneys which may be then due or which may become due and payable to Contractor, the amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, the Contractor shall pay in full such liquidated damages. 12. WARRANTY. Contractor agrees to warrant its products and/or services against faulty labor and/or defective material for a minimum period of ten (10) years after the date of acceptance of the labor, materials and/or equipment by the City, as more particularly described in Section 2.16 of Request for Proposal No. 12- 10 -03. 13. SECURITY BACKGROUND CHECKS. A security background check will be required for any employee of the Contractor performing Services under this Agreement. At the Contractor's sole cost and expense, the Contractor and their employees who perform Services under this Agreement shall be required to have screening pursuant to Chapter 435, using Level 2 standards set forth in that Chapter. The required background checks shall include Florida Department of Law Enforcement/Department of Children and Families ( "FDLE/DCF "), Florida Crime Information Center/National Crime Information Center ( "FCIC/NCIC ") background/criminal records check. The City shall have full discretion to require the Contractor to disqualify, prevent, or remove any employee due to failure to meet this security background check requirement. C1213 -008 —SPORTS TURF ONE, INC. Page 7 of 1 I - T?-. The Contractor shall provide sufficient proof to the City that they have performed the above mentioned background /criminal records check rp for to performing Services under this Agreement. The Contractor shall ensure that only their properly designated employees listed with the City Manager or his designee be permitted to provide services under this Agreement. 14. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING The Contractor shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor: The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 15. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 16. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 17. 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 in a court of equity for violating such provisions. 18. 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 facsimile with confirmation receipt (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: C 1213 -008 — SPORTS TURF ONE, INC. Page 8 of I I If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the William Gillan Contractor: Vice President Sports Turf One, Inc. 9819 State Road 7 Boynton Beach, FL 33472 Tel: (561) 369 -7994 Fax: 561 364 -1118 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 20. 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. 21. 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 l 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, 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. 22. 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 C1213 -008 — SPORTS TURF ONE, MC. Page 9 of I 1 rs+.i 11 i 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, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 23. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions contained in Request for Proposal No. 12- 10 -03, and the Contractor's response thereto, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 24. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto. [remainder of page intentionally left blank] r i �I ;t C1213 -008 —SPORTS TURF ONE, MC. Page 10 of 1 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS 91: � l� at taar,e,o U. Zcrn es Print Name WITNESS #2: Signature Print Name SPORTS TURF ONE, INC. BY� -' �Wi li2rri Ian, Vice President `ATTEST; CITY OF SUNNY ISLES BEACH rC��_ r �� • ' !Jane . Hines; CMC, City Clerk c; C1213-008— SPORTS TURF ONE, INC. BY: I\' rman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY i Page 1 I of 1 I City'Attorney 3 i Sports Turf One, Inc. '_"`�': u. �I�.^.:�L±:h'OS£�T.a'�•�TL.:. �L'�..1':A:: =-�': :.+: XS' OCr RC: �.'.'_ �p. YZ'. �fSTi. II::!*+ iC.:' rTt +itrF.'.°.wi^2:.L3:•!R'YdLf =Zu: ": :.:.�.::]1�:�: i -:� Sports Field Design, Construction and Maintenance s A Haverland Company Sports Turf One, Inc. p RE: RFP 012-10-03 Page 1 Gwen Margolis and Pelican Community Park Scope and Cost of Services Scope: The complete design and construction of two fully functional synthetic turf athletic fields. Including: All permits, Engineering, surveying and MOT Fields Include: Full field under -drain system connected to existing site storm drainage, 6" dynamic aggregate base, synthetic turf per requirements with permanent lines for Soccer at Gwen Margolis Park and permanent lines for Baseball at Pelican Community Park. Also includes (1) Greens Groomer for continued turf maintenance by the City Gwen Margolis Park... ..$519,305.00 Pelican Community Park .... $391,437.00 William Gillan VP t Sports One, Inc. Members: GCSAA - FTGA - STMA - FGCSA 9819 State Road 7 - Boynton Beach, FL 33472 (561) 369 -7994 - ! 5)1) 375 -7808 Attachment "A" 9S 4 40 Sports Turf One, Inc. Sports Field Design, Construction and Maintenance A Haverland Company Sports Turf One..... General Contractor • Largest Athletic field builder in the State of Florida. Annually design, build, renovate, and maintain 300 -500 fields. • local company; right here for any needs, no waiting to "come in to town." • 33 years In business, we have been a proven performer. • Thousands of athletic fields installed from middle schools and Municipal parks to Colleges and professional sports stadiums. • Average employee has been at Sports Turf One for 1S years. • Our working relationship with the local suppliers means no waiting, we are first in line. • STO's sister company, Hydraworks, is the Varicore pipe distributer for the Southeast; with a warehouse of inventory in Boynton Beach, no loss of time for drainage materials. • We own, house, and maintain all of our own equipment to ensure deadlines are easily met. • Sports Turf One performs all of the work. Subcontracting, only for specialty services. ATurf. ... Specialty Contractor to supply synthetic turf for this project. • Part of the Ecore group,150 year old company (talk about sustalnability and continuityll). • Providing THE specified material for this project. • Offer a 32 year panty whkh exceeds The ft of Sunny Isles soeclfled warranty reauirernents. • Turf supplier for all levels of play from playground to professional sports installations. • Manufacture and install the turf shock pad which adds a level of safety and durability to the playing surface. • Highly experienced key personnel has dozens of successful installations in the southeast. Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 - Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 www.sportsturfone.com id S� `i SPORTS TURF ONE, INC RE: RFP #12 -10-03 Pace 3 ACTIVITY DESIGN AND PERMrMNG Sports.Turf One, Inc. Sports Field Design, Construction and Maintenance A Haverland Company INSTALL POLUTION PREVENTION INSTALL POLUTION PREVENTION STRIP SOD STRIP SOD PREPARE SUBGRADE PREPARE SUBGRADE INSTALL CURB INSTALL CURB INSTALL DRAINAGE INSTALL DRAINAGE INSTALL ROCK BASE INSTALL ROCK BASE INSTALL SYNTHETIC TURF INSTALL SYNTHETIC TURF FINAL INSPECTIONS FINAL INSPECTIONS DEMOBILIZE FROM SITE DEMOBILIZE FROM SITE GWEN MARGOLIS PARK PELICAN PARK START DATE 4/1/2013 6/17/2013 6/18/2013 6/18/2013 6/18/2013 .6/19/2013 6/24/2013 6/26/2013 7/1/2013 7/1/2013 7/8/2013 7/8/2013 7/16/2013 7/15/2013 7/23/2013 8/5/2013 8/14/2013 8/5/2013 8/14/2013 in uJI-t DURATION END DATE 77 6/15/2013 1 6/17/2013 1 6/18/2013 2 6/19/2013 2 6/19/2013 7 6/25/2013 5 6/29/2013 4 6/29/2013 6 7/6/3013 5 7/5/2013 6 7/13/2013 6 7/13/2013 7 7122/2013 21 8/4/2013 21 8/13/2013 1 8/5/2013 1 8/14/2013 2 8/7/2013 2 8/16/2013 Members: GCSAA - FTGA - STMA - FGCSA 9819 State Road 7 - Boynton Beach, FL 33472 (561) 369 -7994 - Fax: (561) 364 -1118 - Estimating Office: (561) 375 -7808 www.sportsturfone.com i �J kI Sports Turf One, Inc. ® Sports Field Design, Construction and Maintenance A Haverland Company City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: PROPOSAL #12 -10 -03 Company Information: • Name of Company: Sports Turf One, Inc. .RAC w \o • Location: 9819 State Road 7, Boynton Beach, FL 33472 • Web Site: www.sportsturfone.com • Business structure: Corporation • Date founded: 1997 • Home office: 9819 State Road 7, Boynton Beach, FL 33472 • Telephone: (561) 369 -7994 • Fax: (561) 364 -1118 • No outstanding litigation exists. • Please see attached proof of insurance. Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 • Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 www.sportsturfone.com L J1 I Sports Turf One, Inc. ® Sports Field Design, Construction and Maintenance A Haverland Company December 11, 2012 City Clerk, City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 SPORTS TURF ONE, INC. RE: RFP #12 -10-03 Page 1 Dear City Clerk: ORIGINS°` Sports Turf One, Inc. joined the ranks of many qualified national athletic field builders in 1997. However, it is our combined years of experience and expertise that sets us apart from any competition. In addition to the versatile experience our key members and employees possess, we are by the largest operating athletic field construction specialists in Florida. Annually we design, build, and maintain up to 500 fields expanding the state of Florida. Because of our extensive background and experience, we have been asked by several county and municipal departments to create and write their athletic field construction specifications for their public bids. Designing, building and maintaining fields is our full time job at Sports Turf One, we do not build athletic fields as a side business. Our focus, priority, and background is building fields that not only exceed our client's custom specifications, but also sets the standards for other industry professionals. As well as being a local company to the City of Sunny Isles Beach, which allows for ease of meeting all specifications in a timely manner, Sports Turf One employs a group of individuals that have shaped our company's reputation of being the best. A number of our employees have been with the Sports Turf One family for almost 30 years. With a minimal turnover rate we have been able to design, build and maintain fields with 99%- 100% in house work. That said, it is the pride we take in the work we put out that gives us the opportunity to meet and or exceed our client's expectations. Sports Turf One has no doubt that we can do the same for the City of Sunny Isles Beach. Additionally, Sports Turf One owns and houses approximately $2.8 million of equipment. With an expansive equipment list we have the ability to complete a range of work from the initial design to construction, renovation, earth work, laser grading, Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 • Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 W W W. sportsturfone. com ® SPORTS TURF ONE, INC. RE: RFP #12 -10 -03 Page 2 �� i shaping and contouring surface drainage, sod installation, synthetic turf installation, etc. Included in our inventory is the latest technologically advanced laser grading equipment ensuring our client's athletic fields are constructed to the highest tolerance. Also on our staff are 3 mechanics who maintain all of our trucks and machinery to ensure functionality which allows for little to no delay in completing a job. Owning our equipment adds to the ease of meeting set deadlines. There is no waiting for rental equipment to become available, no worry about a machine's sound operating status, and no additional charges for equipment rental. Furthermore, throughout the years Sports Turf One has had the ability to work with top notch professionals in the industry. Included is the engineering firm we have chosen to work on this specific job, Miller Legg and Associates, Inc. We have had the pleasure of most recently completing the construction of the Florida Atlantic University (FAU) football field with Miller Legg and Associates, Inc. That said, we have chosen to work with them on this project because of their excellent work history with many municipal, county, state, and federal projects. Miller Legg and Associates, Inc. has been in business for over 45 years, has received numerous awards and recognition for their outstanding ® job performance. Coupled with the award winning engineering firm, we will be using another highly reputable concrete company to install all curb needed, Homestead Concrete & Drainage, Inc. Sports Turf One has worked with Homestead Concrete & Drainage for over 20 years on multiple projects and are a well trusted and capable company. In conclusion, Sports Turf One, Inc. will bring a level of experience and expertise to the project unmatched by any other. Here are a few bullets points . to highlight our company: • Sports Turf One, Inc. is a local Florida company • We have the experience needed to complete and match all specifications of the project • We have a pool of employees with versatile backgrounds of experience and expertise • Employees have been with Sports Turf One for over 25 years • Own, house and maintain all of our own equipment to ensure deadlines are met • Working with highly decorated engineering firm to complete project 0 We look forward to working with The City of Sunny Isles Beach on this project. SPORTS TURF ONE, INC. RE: RFP #12 -10.03 Pace 3 Sports Turf One, Inc. Sports Field Design, Construction and Maintenance A Haverland Company O`�`A�� R ACTIVITY DESIGN AND PERMITTING INSTALL POLUTION PREVENTION INSTALL POLUTION PREVENTION STRIP SOD STRIP SOD PREPARE SUBGRADE ® PREPARE SUBGRADE INSTALL CURB INSTALL CURB INSTALL DRAINAGE INSTALL DRAINAGE INSTALL ROCK BASE INSTALL ROCK BASE u INSTALL SYNTHETIC TURF INSTALL SYNTHETIC TURF FINAL INSPECTIONS FINAL INSPECTIONS DEMOBILIZE FROM SITE DEMOBILIZE FROM SITE GWEN MIARGOLIS PARK PELICAN PARK START DATE DURATION END DATE 4/1/2013 77 6/15/2013 6/17/2013 1 6/17/2013 6/18/2013 1 6/18/2013 6/18/2013 2 6/19/2013 6/18/2013 2 6/19/2013 .6/19/2013 7 6/25/2013 6/24/2013 5 6/29/2013 6/26/2013 4 6/29/2013 7/1/2013 6 7/6/3013 7/1/2013 5 7/5/2013 7/8/2013 6 7/13/2013 7/8/2013 6 7/13/2013 7/16/2013 7 7/22/2013 7/15/2013 21 8/4/2013 7/23/2013 21 8/13/2013 8/5/2013 1 8/5/2013 8/14/2013 1 8/14/2013 8/5/2013 2 8/7/2013 8/14/2013 2 8/16/2013 Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 • Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 www. sportsturfone. com Q Sports Turf One, Inc. ® Sports Field Design, Construction and Maintenance ® A Haverland Company Sports Turf One, Inc. �`� V 000 RE: RFP #12 -10-03 O `° Page 1 Dated 12 -05 -12 SUNNY ISLES BEACH REQUEST FOR PROPOSAL 12 -10 -03 4. Sports Turf One: APPROACH & METHODOLOGIES for Synthetic turf athletic field construction services. The construction team for this project by Sport Turf One, Inc. is an experienced group of professionals that have worked together for over 20 years. Our approach outlined below is one of which has served us well for 33 years and made us the largest Sportsfield builder in the State of Florida. ® STO is a complete design /build /maintain Sportsfield contractor. Therefore, we will view this project much differently than a typical general contractor. We will start off with a meeting with the Owner's representative & the project engineer. Discussing the plans, defining needs & field usage as well as technical specifications. We will evaluate this info and using our experience & expertise, make recommendations to both parties as to how to achieve these goals, produce a better product, and make this field maintainable with a realistic budget. Since we not only build fields but maintain 23 sports complexes, we look closely at the design to make sure that it works & that the new field lends itself maintainability. Similarly, we will provide the complete drainage design to be installed underneath the turf. This tried & true design utilizing the latest in technology in drainage materials, will produce exceptional drainage numbers and control which will please the project engineer. In addition, our in house design and installation will cut weeks off of the job duration. We are the Florida distributor for the Varicore MultiFlow drainage product s which most Sportsfield contractors would use on this type of installation. We warehouse the pipe, fittings etc. locally, so no time will be lost. Likewise, our gravel supplier who we have worked with for 30 years has our specific grovels blended & stockpiled weeks in advance of the project so we will not have delays. Our turf ® products will be readied in advance & warehoused for timely shipment. Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 • Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 www.sportsturfone.com ® Sports Turf One, Inc. RE: RFP #12 -10-03 Page 2 Our staff will actually meet on site, look at the location & logistics. Do a real world schedule with realistic timelines borne of construction of not hundreds but thousands of successful projects here in Florida not in another locale with much different weather & soil conditions. Having local knowledge & experience saves time lost on the learning process. We work Florida period, not the Carolinas, New York or Texas. We can get what we need & make things happen. Proof of all this, St John's County 2009. We designed and installed 4 synthetic fields in 60 days. On quality, time on budget, that is our approach! &MV 11 Sports Turf One, Inc. ® Sports Field Design, Construction and Maintenance ® A Haverland Company Sports Turf One, Inc. 0 • \0 RE: RE: RFP #12 -10-03 Page 1 Gwen Margolis and Pelican Community Park Scope and Cost of Services Scope: The complete design and construction of two fully functional synthetic turf athletic fields. Including: All permits, Engineering, surveying and MOT Fields Include: is Full field under -drain system connected to existing site storm drainage, 6" dynamic aggregate base, synthetic turf per requirements with permanent lines for Soccer at Gwen Margolis Park and permanent lines for Baseball at Pelican Community Park. Also includes (1) Greens Groomer for continued turf maintenance by the City Gwen Margolis Park ..... $519,305.00 Pelican Community Park .... $391,437.00 William Gillan VP 1� ® Sports One, Inc. Members: GCSAA • FTGA • STMA • FGCSA 9819 State Road 7 • Boynton Beach, FL 33472 (561) 369 -7994 • Fax: (561) 364 -1118 • Estimating Office: (561) 375 -7808 www.sportsturfone.com Synthetic Turf for Maximum Performance 1 X • /� oe _, _ 1 ♦♦ O Kl TI TA N l &(° �E AIR� 1. 7 ^,!`ti.; ?•r WARRANTY - - - -A r- ` J.w s The fiber types. The propri eta ryTenCate XP Blade" was developed specifically to prevent splitting, so it lasts longer than any other slit fiber. It twists when played on rather than tying flat so it retains its evenness. The proprietary Ten Cate Monoslide° Ultra is a perfection of the monofilament fiber. Its curved shape and multiple vertical ribs retain the natural grass look but with far - superior durability. Add the XV technology, and you have a fiber with unmatched memory (retains its upright position longer than other mono fiber) and exceptional split resistance. Plus, its shape and construction significantly reduce glare. • Buffalo e Buffalo Bills Ralph Wilson Stadium Orchard Pork, NY The blended fibers & turf construction. Some people want the performance and durability attributes of the slit fiber, while others want the natural look of the monofilament fiber. A -Turf and its turf manufacturer, Controlled Products, have developed the dual fiberTitan system that delivers both. The premium XP and Mono fibers are tufted into the same stitch giving the surface an amazingly plush look. The dense carpet holds infill in place better, reducing infill movement during play. The fibers are well rooted into the super- durable primary and secondary backings. The shock - absorbing underlayment. While the A -Turf' Titan surface feels and plays 'firm & fast; it delivers the best safety rating and parallels perfectly- conditioned natural grass. In the athletic field industry, impact testing measures the shock- attenuation performance of the playing surface. Test results are indicated as G-Max ratings. The higher the G-Max, the poorer the shock- attenuation performance of the surface and the greater the likelihood the fall will result in injury ... especially concussions. A -Turf° Titan systems that include a rolled ShockPad or poured a -layer have the industrys lowest G -Max rating throughout the system's life, making it the safest synthetic turf playing system on the market. The Ecore° ShodcPad has been in use in the US and Europe for so many years that it is proving to have a 25+ year expected life (more than two field fife cycles), so it can be reused when a new synthetic turf system is installed. best and safest system? OThe infill. We are very particular about the cleanliness, size and shape of the infill we use. A -Turf uses the cleanest SBR crumb rubber on the market. Silica sand is uniformly -sized and rounded or sub - angular, so it's non- abrasive to athletes and fibers, and prevents compaction that leads to hardening of the surfacing system. We can use any synthetic or organic infill material in our systems, but strongly advocate a rubber & sand mixture as it provides the perfect balance of shock absorption and firmness. Rubber & sand infill systems are also significantly more economical than alternative infills. We also achieve the ideal infill level in relation to the fiber height. A -Turf systems have an industry- leading fiber face weight, resulting in fibers remaining upright and infill that stays in place better — improving playability and durability. The installation. We understand that having the greatest turf system in the world demands the best installation craftsmanship. That's why we put so much emphasis on recruiting, training and retaining the best installers and service contractors in the business ... and having a business model of being able to manage the right number of field projects to provide exceptional installation practices, step -by -step quality controls and over - the -top service on every project. The warranty. A -Turf offers an industry- leading 12 -year warranty on its Titan system with a ShockPad or approved undedayment. That's 4 years longer than other turf system warranties. That means you can amortize your capital expense over a longer period than with other turf systems. And it's backed with an actual 3rd party insured warranty insurance policy for the maximum allowable duration of the warranty period (8 years). While some field builders try and pass off a certificate or letter of credit for actual coverage, we'll gladly provide our policy for potential clients'review. SynUtedc TurfforMaadmum Performance 11 Dual fibersystem features premium Mono (left) and XP (right, shown after fibrillation) fibers in the somestitch. Blended Parallel -Long Slit Film & Monofilament Polyethylene Fibers Premium Mono and XP fibers in the same stitch. Typical rubber & sand or rubber -only infilled. Industrys best combination of durability and aesthetics. Industry-best 12 -year warranty (when installed over an approved pad). Y W. A Turf tan, Dual fibersystem features premium Mono (left) and XP (right, shown after fibrillation) fibers in thesome stitch. Blended Parallel -Long Slit Film &Monofilament Polyethylene Fibers • Premium Mono and XP fibers in the same stitch. • Typical sand - infilled (or sand with various coatings), with a comparatively shorter pile heigl • Always over a resilient ShockPad.•, • Industry -best 12 -year warranty. .v ® Visit aturfcom to see photos of our Titan systems and download product data and specifications. Typim121S' fiber height. Shown with rubber & sand infill mature Optionalporous rubber ShockPa& required for 12 -year warranty. Crushed stone base Typical I.S' fiber height. All -sand infilL Porous rubber ShorkPad Crushedstone base 7: N, . 114 No L Nielson, Mosholder & Associates A member of Nielson& Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (2)(10) PERFORMANCE BOND BOND NO: 479679P Contractor Name: Sports Turf One, Inc. Address: 9819 State Road 7 Boynton Beach, Florida 33437 Phone No: 561-375-7808 Surety Company: Developers Surety and Indemnity Company Surety/Address: P.O. Box 19725 Irvine, CA 92623 Surety Phone No: 407-330-3990 Owner Name: City of Sunny Isles Beach Address: 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone No: 305-792-1701 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Senator Gwen Margolis Park and Pelican Community Park— Design Construction and Installation of Synthetic Turf for Municipal Field and Parks, Contract No. C1213-008, Sunny Isles Beach, Florida Project Location: Sunny Isles Beach, Florida Legal Description: Senator Gwen Margolis Park and Pelican Community Park— Design Construction and Installation of Synthetic Turf for Municipal Field and Parks, Contract No. C1213-008, Sunny Isles Beach, Miami-Dade County, Florida THE AMERICAN INSTITUTE OF ARCHITECTS • tti, AIA Document A311 Bond No: 479679P Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Sports Turf One, Inc., 9819 State Road 7, Boynton Beach, Florida 33472 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Developers Surety and Indemnity Company, P.O. Box 19725, Irvine, CA 92623 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 as Obligee, hereinafter called Owner, in the amount of --Nine Hundred Ten Thousand Seven Hundred Forty Two and 00/100--Dollars ($910,742.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 18, 2013, entered into a contract with Owner for (Here insert full name,address and description of project) Senator Gwen Margolis Park and Pelican Community Park— Design Construction and Installation of Synthetic Turf for Municipal Field and Parks. Contract No. C1213-008 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 •PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 PERFORMANCE BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but Whenever Contractor shall be, and declared by Owner not exceeding, including other costs and damages for which to be in default under the Contract, the Owner having the Surety may be liable hereunder,the amount set forth in performed Owner's obligation thereunder, the Surety may the first paragraph hereof. The term "balance of the promptly remedy the default,or shall promptly contract price," as used in this paragraph, shall mean the total mount payable by Owner to Contractor under the 1) Complete the Contract in accordance with its terms and Contract and any amendments thereto, less the amount conditions,or properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its term and conditions, and upon the expiration of two (2) years from the date on which final determination by Surety of the lowest responsible bidder, or payment under the Contract falls due. if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange No right of action shall accrue on this bond to or for a contract between such bidder and Owner, and make for the use of any person or corporation other than the available as work progresses (even though there should be Owner named herein or the heirs, executors, administrators a default or a succession of defaults or successors of the Owner. Signed and sealed this 20" day of May,2013. / i / , Sports Turf One,lnc. (Principal) (Seai) et,........, ess) / (Title) P/t w E ,, Developers-Surety-and Indemnity Company Ziv, /, / .., (Sur'ety) (Seal) / / fitness) —/ ' _i . (Title)Lauroshol.er,Attorney-In-Fact& , Florida Resident Agent ' - Inquiries: (407)330-3990 AIA DOCUMENT A311 •PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05(2)(10) PAYMENT BOND BOND NO: 479679P Contractor Name: Sports Turf One, Inc. Address: 9819 State Road 7 Boynton Beach, Florida 334.37_ Phone No: 561-375-7808 Surety Company: Developers Surety and Indemnity Company Surety Address: P.O. Box 19725 Irvine, CA 92623 Surety Phone No: 407-330-3990 Owner Name: City of Sunny Isles Beach Address: 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone No: 305-792-1701 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Senator Gwen Margolis Park and Pelican Community Park— Design Construction and Installation of Synthetic Turf for Municipal Field and Parks, Contract No. C1213-008, Sunny Isles Beach, Florida Project Location: Sunny Isles Beach, Florida Legal Description: Senator Gwen Margolis Park and Pelican Community Park— Design Construction and Installation of Synthetic Turf for Municipal Field and Parks, Contract No. C1213-008, Sunny Isles Beach, Miami-Dade County, Florida THE AMERICAN INSTITUTE OF ARCHITECTS • --•tom.:.: i AIA Document A311 Bond No: 479679P Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Sports Turf One, Inc., 9819 State Road 7, Boynton Beach, Florida 33472 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Developers Surety and Indemnity Company, P.O. Box 19725, Irvine, CA 92623 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 as Obligee, hereinafter called Owner, in the amount of --Nine Hundred Ten Thousand Seven Hundred Forty Two and 00/100--Dollars ($910,742.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 18, 2013, entered into a contract with Owner for (Here insert full name,address and description of project) Senator Gwen Margolis Park and Pelican Community Park- Design Construction and Installation of Synthetic Turf for Municipal Field and Parks. Contract No. C1213-008 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 •PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect,subject, however,to the following conditions: 1. Claimant is defined as one having a direct contract accuracy the amount claimed and the name of the party to with the Principal or with a Subcontractor of the Principal for whom the materials were furnished,o for whom the work or labor, material, or both, used or reasonably required for use labor was done or performed. Such notice shall be served in the performance of the Contract, labor and material being by mailing the same by registered mail or certified mail, construed to include that part of water, gas, power, light, postage prepaid, in an envelope addressed to the Principal, heat, oil, gasoline,telephone service or rental of equipment Owner or Surety, at any place where an office is regularly directly applicable to the Contract. maintained for the transaction of business, or served in any manner in which legal process may be served in the state in 2. The above named Principal and Surety hereby jointly which the aforesaid project is located, save that such and severally agree with the Owner that every claimant as service need not be made by a public officer. herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on b) After the expiration of one (1) year following the date on which the last of such claimant's work or labor was done or which Principal ceased work on said Contract, it being performed, or materials were furnished by such claimant, understood,however, that if any limitation embodied in this may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted The Owner shall not be liable for the payment of any costs by such law. or expenses of any such suit. c) Other than in a state court of competent jurisdiction in 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant: in which the project, or any part thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two 4. The amount of this bond shall be reduced by and to the of the following: the Principal, the Owner, or the Surety extent of any payment or payments made in good faith above named, within ninety (90) days after such claimant hereunder, inclusive of the payment by Surety of did or performed the last of the work or labor, or furnished mechanic's liens which may be filed of record against said the last of the materials for which said claim is made,stating improvement, whether or not claim for the amount of such with substantial lien be presented under and against this bond. THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. Signed and sealed this 2O day of May 2013. Sports Turf One, Inc.. - - _ (Principal) (Seal) e it -ss) (Title) P/14-szo�� Developers-Su ety and Indemnity Company (Surety) (Seal) (Witness) ` (Title) Laura D. Mosholder,Attorney-In-Fact &Florida Resident Agent Inquiries:(407)330-3990 AIA DOCUMENT A311 •PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA ® FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 ,, • • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint: ***Laura D. Mosholder,Katherine S. Grimsley, Edward M. Clark,jointly or severally*** • as its true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY,effective as of January 1st,2008. • RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corpo- ration be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation, bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st,2008. J By: J ��� yozez ''{ ANO'j^;. Daniel Young,Vice-President 'yJQg40RgrOF, qr By a: 10 Stephen T.Pate,Senior Vice-President '_�' 1936 ate; State of California * County of Orange ""� On January 31,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to o _ 4,, 4 the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized ANTONIO ALYARA capadty(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of COMM.#f 1880643 ,, .•. which the person(s)acted,executed the instrument: 2 �' NOTARY Pt1BUC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is `11-4/ ORANGE COUNTY ^ true and correct.• My cornm.expires Aug.9,2013 WITNESS my hand and official seal. 444 Place Notary Seal Above Signature • Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 20thiay of May, 2013 . By • )71 217,7/,/,'A.......1 regg Okurdr istant Secretary ID-1438(Rev.01111) . 'aa� to 1�FLOP. O5 P r� of sUN F TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 Cite' I fall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Christopher Russo, City Manager \farcanthony Tulloch, Purchasing Agent 02/14/2013 Gy Commumn Norma. S. Fdelcup, A1hvr Isaac Ac600, Via Aluyvr, leancuc Gano, Gmmiuirrr leonitcr Levin, Commiuim George "Bud" Scholl, CommiBiomr Christopherl. Russo, Gry Alsnagtr Hans Ottinot, GFy AFtamg lane A. Hives, Gry Gek Background Information for RFP 12 -10 -03 Artificial Turf For Senator Gwen Margolis and Pelican Community Parks BACKGROUND The City required the services of a Contractor to furnish and install artificial turf at two separate City facilities being: the baseball /sports field at Pelican Community Park located at 18113 North Bay Road and the soccer /multipurpose field Senator Gwen Margolis Park located at 17815 North Bay Road. REASON Staff advertised RFP 12 -10 -03 to solicit proposals for artificial turf for Senator Gwen Margolis and Pelican Community Parks. The RFP opened on 12/12/2012 and seven (7) responses were received. Purchasing reviewed the proposals and found four (4) of the seven (7) proposals received to be responsive. Please see the tabulation below of the four (4) responsive proposals. Medallion Athletic Hellas Sports Turf One Recreational Design& Products, Inc Construction, Inc Construction, Inc i Description Lump Sum COS[ Lump Sum Cost Lump Sum COSt Lump Sum COSt 1 Senator Gwen Margolis Park $ 436,865.00 $ 517,630.00 $ 519,305.00 $ 697,430.00 2 Pelican Community Park $ 355,930.00 $ 378,370.00 $ 391437.00 $ 489,0&5.00 Grand Total: $ 792,795.00 $ 896,000.00 $ 910,74100 5 1,186,515.00 On February- 13, 2013 staff conducted a Q&A meeting for clarification purposes with whom staff deemed to be the three (3) most qualified firms Medallion Athletic Products, Inc, Sports Turf One and Recreational Design & Construction, Inc. Fact Findings Based on the information submitted and research conducted, Staff found that Sports Turf One is the most responsive and responsible proposer under the City's procurement code. We have diligentiv researched the companies above in malting this fact - finding determination in order for you to make a recommendation to the City Commission. Preview Page 1 of 2 (305) 947 -0606 Citp Hall °b, ° s, H 'O (305) 939 -3113 Fax MEMORANDUM TO: The Honorable Mavor and Ciry Commission FROM: Christopher J. Russo. City Manager DATE: 2/21/2013 RE: Award of RFP No. 12 -10 -03 for Artificial Turf in City Parks to Sports Turf One RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to authorize the City Manager to negotiate and enter into an agreement with Sports Turf One to furnish and install Artificial Turf in City Parks. REASONS: Due to the high volume of use of the field at Pelican Community Park by the Norman S. Edelcup / Sunny Isles Beach K - 8 School and the high demand for use by residents and clubs for the soccer / multi - purpose field at Senator Gwen Margolis Park, it is necessary to replace the natural turf at these two locations with quality artificial turf. The City issued Request For Proposal (RFP) No. 12 -10 -03 to furnish and install turf for these two parks. Based on the proposals received and staffs review based on price, qualifications, experience and the ability to meet the imposed timeframe for installation. Sports Turf One was determined to be the most responsive and responsible proposer. ADDITIONAL INFORMATION: As these fields are in high demand, there is a narrow timeframe in which to perform this work during the summer. There is a substantial lead time required to engineer drainage, secure permits and manufacture the material. For these reasons. it is recommended that the City Manager be granted the authority to negotiate the agreement details with Sports Turf One in an amount not to exceed One Million. One Hundred Thousand Dollars (S 1.100.000.00). http: / /sibaizenda.sibfl. netlAgendalPreview.aspx ?ltemID= 980 &MeetinglD= O &,MeetingDate... 2/15/201 3) City of Sunny Isles Beach 18070 Collins Avenue - = L� Sunny Isles Beach, Florida 33160 (305) 947 -0606 Citp Hall °b, ° s, H 'O (305) 939 -3113 Fax MEMORANDUM TO: The Honorable Mavor and Ciry Commission FROM: Christopher J. Russo. City Manager DATE: 2/21/2013 RE: Award of RFP No. 12 -10 -03 for Artificial Turf in City Parks to Sports Turf One RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to authorize the City Manager to negotiate and enter into an agreement with Sports Turf One to furnish and install Artificial Turf in City Parks. REASONS: Due to the high volume of use of the field at Pelican Community Park by the Norman S. Edelcup / Sunny Isles Beach K - 8 School and the high demand for use by residents and clubs for the soccer / multi - purpose field at Senator Gwen Margolis Park, it is necessary to replace the natural turf at these two locations with quality artificial turf. The City issued Request For Proposal (RFP) No. 12 -10 -03 to furnish and install turf for these two parks. Based on the proposals received and staffs review based on price, qualifications, experience and the ability to meet the imposed timeframe for installation. Sports Turf One was determined to be the most responsive and responsible proposer. ADDITIONAL INFORMATION: As these fields are in high demand, there is a narrow timeframe in which to perform this work during the summer. There is a substantial lead time required to engineer drainage, secure permits and manufacture the material. For these reasons. it is recommended that the City Manager be granted the authority to negotiate the agreement details with Sports Turf One in an amount not to exceed One Million. One Hundred Thousand Dollars (S 1.100.000.00). http: / /sibaizenda.sibfl. netlAgendalPreview.aspx ?ltemID= 980 &MeetinglD= O &,MeetingDate... 2/15/201 3) Preview Page 2 of 2 The differential between the base bid and the not to exceed contract amount of 51.1 Million is to allow for the City, at its sole option, to select upgraded padding and/or surface turf materials for one or both Parks. FUNDING SOURCE: Funding is available for this project and budgeted through the Capital Improvement Project Fund account numbers 20.6005617 and 20.6005611. ATTACHMENTS: Backeround Information Resolution Proposal http: / /sibagenda.sibfl. net /AgendafPreview.aspx ?ltemi D= 980 &Meetingl D= O &MeetingDate... 2/1 5/2013