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R23-0111 RESOLUTION NO. R23-011 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. PWE23-004 FOR "RE -BID EZELL 5 HESTER JR. PARK IMPROVEMENT - PH 1A" AND AUTHORIZE THE CITY 6 MANAGER TO SIGN A CONSTRUCTION CONTRACT AND ISSUE A 7 PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE 8 BIDDER, LTG SPORTS TURF ONE, LLC., OF BOYNTON BEACH, FLORIDA, 9 IN THE AMOUNT OF $3,685,000.00 PLUS A 10% CONTINGENCY 10 AMOUNT OF $368,500.00, FOR A TOTAL ESTIMATED AMOUNT OF 11 $4,053,500.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on November 10, 2022, Purchasing Services issued a Bid for "Re -Bid of 14 Ezell Hester Jr. Park Improvements — Phase 1A" with a mandatory pre-bid meeting held on 15 November 15, 2022 in order to review the project with interested and qualified contractors; 16 and 17 WHEREAS, the purpose of the bid was to obtain the services of a qualified contractor 18 to renovate and refurbish the Ezell Hester Jr. Park— Phase 1A; and 19 WHEREAS, on December 8, 2022, the Procurement received and opened a total of 20 three (3) submittals to this Bid; and 21 WHEREAS, after reviewing the bid proposal submitted by LTG Sports Turf One, LLC, 22 the City's Engineering staff and Purchasing Services recommend this project be awarded to 23 LTG Sports Turf One, LLC.; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 25 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 26 approve award of Bid No. PWE23-004 for "Re -Bid Ezell Hester Jr. Park Improvement - PH 1A" 27 and authorize the City Manager to sign a Construction Contract and issue a Purchase Order to 28 the lowest responsive and responsible bidder, LTG Sports Turf One, LLC., of Boynton Beach, 29 Florida, in the amount of $3,685,000.00 plus a 10% contingency amount of $368,500.00, for a 30 total estimated amount of $4,053,500.00. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 32 OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas' clauses are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon SACA\RE50tAgeemantsV ward Re -Bid and Contract for Emil Hester Jr Park hnprovemeat (LTG Sports Turf) - Reso.dnox -1- 35 adoption. 36 37 38 39 40 41 42 43 44 Section 2• The City Commission of the City of Boynton Beach, Florida, hereby approves award of Bid No. PWE23-004 for "Re -Bid Ezell Hester Jr. Park Improvement - PH 1A' and authorize the City Manager to sign a Construction Contract and issue a Purchase Order to the lowest responsive and responsible bidder, LTG Sports Turf One, LLC., of Boynton Beach, Florida, in the amount of $3,685,000.00 plus a 10% contingency amount of $368,500.00, for a total estimated amount of $4,053,500.00, a copy of the Contract is attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 17th day of January, 2023. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 ST: 2 l 6 64 Ma ee Jesus, MP 65 City CI k 66 67 68 (Corporate Seal) 69 70 71 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — TyPenserga' Vice Mayor—Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner—Aimee Kelley v VOTE Z.' f —z Ty Pen Michael D. Cirullo, Jr. City Attorney S.�AU SG\Ag mmua wardR Bid and Contract fm Ewell Hester Jr Pm Lnpm =t (LTG Spm Turf) - Reao.docx -2. CONSTRUCTION CONTRACT RE -BID EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and LTG SPORTS TURF ONE. LLC a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 90 2240 W. Woolbriaht Road, Boynton Beach, Florida. 33420, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the [title of project]; and, WHEREAS, at its meeting of January 17. 2023, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.. PWE23-004. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled:ITf B No.: PWE23.004. Re -Bid Ezell Hester Jr. Improvements - Phase 1A. Article 2. CONSULTANT. CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIM • TERMINATION- 10 IIDAT O DAMAGES. 3.1 Contract Time. The WORK will be substantially completed within UM [Two Hundred Forty] calendar days from the effective date of this Agreement, when the Contract Time commences to mn as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within (,M [Thirty] calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement Bid No. PWE32-035 Ezell Hester Jr Park Improvements—PH IA C -i (M&ull I Uz` e1`izU shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penally) CONTRACTOR shall pay the CITY, [One Thousand Six Hundred l Dollars $1,6001 for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Four Hundredl Dollars 400.001 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Three Million Six Hundred EiahtvFive Thousand Dollars $3.665.000.00 (Written) (Numerical) Article 5. PAYMENT PROCEDURES, CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress Bid No.ME32-035 Ezell Hester Jr Pah Improvements—PH 1A P2 (p 19113LW9'elszl) schedule acceptable to the CITY and a Warranty of Tide/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITYfor approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Proposal / Bid Forms (including the Proposal, Schedule(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation) 7.4 Contract 7.5 CONTRACTORS Performance and Payment Bond, and Warranty Tide 7.6 General Conditions 7.7 Special Terms and Conditions Bid No. PWE22-035 Ewil Heser Jr Park improvements—PH 1A C-3 (M4 197.1)W.91p19E11 7.8 Specifications and Technical Requirements 7.9 City Construction Standards and Details available online at: www.bovnton- beach.org/water-utilities/new-construction httos://www. bovnton-beach. ora/enoineerino/new-construction-deoartm ent-ou blic- works-enoineeri na-d ivision 7.10 Site & Landscape Plans Entitled: Attachment A 7.11 Geotechnical Engineering Study Entitled: Attachment B 7.12 Addendum No. 1 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (551) 742-6000 And d sent to the CONTRACTOR shall be mailed to: LTG Sports Turf One, LLC Attention: Bill Gillen; Chloe Berkowitz 2240 W. Woolbri ht Rd Suite 411 Boynton Beach, FL 33426 Telephone No. 561 225-1113 Email: b ill n It s ortsturfone.com ; cberkowitz It s ortsturfone.cem Fj, uWdLIma4 9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. 9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 9.3 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. Bid No. ME22-035 Ezell Hester Jr Park Improvements - PH 1A C-4 1K464197.1 %6W 018211 9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. 0 Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided bythis Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK'S OFFICE) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CitvClerk(a)bbf1.l Bid No. PWE22-035 Ezell Hester Jr Park Improvemenis — PH 1A C-5 m464197 1 306,s001 8211 r_1 14171lvA WA=1:a a•� 12.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 12.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 12.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractom) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not. limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. SCRUTINREO COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR Rid No. ME22-035 Ezell Heger Jr Park Improvements—PHM Ge 100464197A 0019211 been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. FMM rX Elm IM1IGY01i4Ae1IIX�Ub 14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 14.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 14.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 14.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 14.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. Bid No. PWE22-036 Eaell Hester Jr Park Improvements — PH rA C-7 (a 19213W-WIVI1 14.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT 8 REMEDIES. 15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 15.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 15.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 15.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 15.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (00) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause Bid Na. PWE22AG5 Ezell H.RrJr Pork Improvements -PH 1A C-8 1W 197.13M9WI9211 to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 15.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS BM No. PWE22-035 Ezell Hester Jr Pak lrsprnvement, PH 1A C 9 IL'adb<I ff/.13 W 3 W 18211 This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS OF THE FOREGOING, the Parties Have set their hands and seals the day and year written below. 'mak DATED this—day oV70f IU11(.(nrr 2023. CITY OF BOYNTON BEACH: CONTRACTOR: LTGSPORTSTURF NF LC Daniel Dygge_r, C a r (Signature). Co perry �eHN .�uc eeS2�'a' Appfo�Q t7// Michael D. Ckullo, Jr. Office of the City Attorney 1Ali Aul antic ed' l "M.YI.Dosus fly of Boynton Beach Print Name of Authorized Official Cor? Title (Corporate Seal) - - AlurstlAuthenllcated: 01d No. ME22-035 E2NI H.nee O Park lnWoW rnenb-PHIA C-10 Mwv....,.Mu PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount Of Dollars for 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 , 20_, entered into a contract with Owner for drawings and specifications prepared by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No. PW E22-035 Ezell Herter )r Park Improvements- PH 3A in accordance with which contract is by THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB-1 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, 9 Contractor shall promptly and faithfully perform such 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 extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No. PWE32435 Ezell Heslerh Park Improvements—PH 1A PFB-2 THIS FORM SHALL BEE%ECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of , 2023. Principal (Seal) Witness Title Surety Witness Attorney -in -Fact END OF PERFORMANCE BOND Bid No. PW E22-035 Ezell Herter jr PaN Improvements— PH 1A PFB-3 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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 (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2023, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, 9 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 null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or With a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which thelastof such claimant's Work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suitor action shall be commenced hereunder by any claimant: Bid No. PW E22-035 Ezell Hester Jr Park Improvements— PH 1A PYB-1 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Were furnished, or for when the Work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 2023. Principal (Seal) Attorney -in -Fact END OF PAYMENT BOND Bid No. PWE22-0BS Ezell Herter Jr Park Improvements- PH 1A PYB-2 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD AM 00 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is Of (Title) (Name of Corporation or Firm) a Florida Corporation () Check One a Florida General Partnership () a Florida Limited Partnership () a Sole Proprietor (� which is named in Construction Contract dated the day of 20J between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract Work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. At fant Sworn to and subscribed before me this day of 2023. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE ek No. PWE22-035 Ezell Hester lr Park Improvements — PH 1A WT -1 THIS FORM SHALL BEEXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contractor binder maybe accepted as pronfof insurance ii Certificate is provided upon selection of vendor) The following is a list of types of insurance required ofcontractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insuranee, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (anyone fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Profmairmal Liability Aggregate - $1,000,000.00 --------- --- ----_---_-_-____________--- ------ _---------------- --------- ------- --------------- — Automobile Liability Combined Single Limit $ 11000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified RJSUR CEADVISORYFORM to be determined Revise] 042021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost PWE23-004 - Re -Bid - Ezell Hester Jr. Park Improvements - Phase 1A Opening Date: November 10, 2022 8:00 AM Closing Date: December 8, 2022 2:00 PM Vendor Details Company Name: LTG Sports Turf One, LLC Does your company conduct business under any other name? If The Landrek Group, Inc. yes, please state: 2240 W. WOOLBRIGHT RD Address: SUITE 411 Boynton Beach, Florida 33426 Contact: Chloe Berkowitz Email: rberkowitz(rijltgsponsturfone.com Phone: 561-225-1113 Fax 561-225-1113 HST#: 11-2945683 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submittees IP Address: Thursday November 17, 2022 08:45:39 Thursday December 08, 2022 13:55:17 Chloe Berkowitz cberkowitz&gsponsturfone.com 6ef0112f-2bf04c83ab94-3793902596e1 50.248.48.37 Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract refemed to and to supply and do all or any part of the Work which is set out or celled for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. 'Denotes a'MANDATORW field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). N the line item and/or table is-NON4AANDATORV- and you are not bidding on it, leave the table and/or line item blank. Do not enter a $0.00 dollar value. BID PROPOSAL -REBID EZELL HESTER JR. PARK IMPROVEMENTS -PHASE IA (BASE BID) BID PROPOSAL SHEET - Price Proposal Online Form (BASE BID) NOTE: BID AWARD WILL BE BASED ON THE BASE BID, NOT THE BID ALTERNATES. The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifcations for -EZELL HESTER JR. PARK IMPROVEMENTS—PHASE 1W. ALLOWANCES Item No. 16: Owner's Contingency - PLEASE ENTER - Unit Price at $100,000.00 Item No. 17: Low Voltage / Security - PLEASE ENTER - Unit Price at $100,000.00 Item No. 18: Permitting - PLEASE ENTER - Unit Price at $100,000.00 'NOTE: • It is the Contractors responsibility to verify all existing conditions and quantifies prior b submitting a Bid. • Miscellaneous work required in Phase 1B and 2 associated with electrical / data handholds / pull boxes for future tie-in and electrical / data work required at the existing electrical room and tied back to Phase 1A ere included in the Scope of Work. • Bidders will complete the work in accordance with the contract documents and as further described in Section 01025. DESCRIPTION WANITY UNIT UNIT PRICE• VALUE General Conditions 1 LUMP SUM $135,000.0000 $135,00000 Meblibation and Demobilintinn 1 LUMP SUM $13,000.0000 f 13,000.00 Manumnce of Tmfic 1 LUMP SUM $35,000.0000 f 35,000.00 Insurer. 1 LUMP SUM $28,000.0000 $ 28,00000 Bonds 1 LUMP SUM $34,000.0000 $ 34,000.00 Demolition 1 LUMP SUM (78,000.0000 $ 78,000.00 Paviig, Grading, and Dramas. 1 LUMP SUM $715,000.0000 $ 715,000.00 Landscaping and Irrigation_ 1 LUMP SUM $284,000.0000 $ 294,000.00 Electrical 1 LUMP SUM $710.0110.0000 $710,000.00 Goal Posts 1 LUMP SUM $23,0000000 $23,000.00 Canopies / Pm-Eigimered SWctures 1 LUMP SUM $48,0000000 $46000.00 Bleaches / Press Box 1 LUMP SUM $328,000.0000 $ 328,000.00 Bike Rada I Benches I Trash Receptacles 1 LUMP SUM $29,000.0000 $ 29.000.00 Fencing 1 LUMP SUM $65,000.0000 $86000.00 Mfidal Turf - Bent Quality with Highest Pace 1 LUMP SUM $850,000 0000 $ 850,000.00 owners Connngency 1 LUMP SUM $100,000.0000 It mo,000.00 Law Voltage I Stturity 1 LUMP SUM $100,000.0000 $100,000.00 P..N N 1 LUMP SUM $100,000.0000 5100,000.00 SubMW: $ 3,885,000.00 Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC ALTERNATE NO. 1-EZELL HESTER JR. PARK IMPROVEMENTS - PHASE 1A ALTERNATE NO.1 INCLUDE THE POSITIVE () OR NEGATIVE (-) AS NEEDED. BID PROPOSAL -ALTERNATE NO.1 Alternate No. 1 —Phase 1A: Replace artificial turf with Bermuda Grass and associated irrigation system. The alternate shall include all necessary compone bidelements required for a complete installation. DESCRIPTION QUANITY UNIT UNIT PRICE • VALUE Beeas a Grass DESCRIPTION' Iluons, Sum -$389.Oo0.0o00 5389,000.00 DEDUCT QUALITY' GRAND TOTAL'! liubrotal: $-388.000.00 ALTERNATE NO. 1 BID PROPOSAL QUESTION Will the Bid Proposal for Alternate No.t be an ADD or DEDUCT to the GRAND TOTAL? Line Question Drop Down List' Comments hero BEST QUALITY' DESCRIPTION' PRICE 1 Will Ire Bid Proposal for Alternate No.t he an ADD or DEDUCT to the DEDUCT QUALITY' GRAND TOTAL'! Aam Turf 1 ALTERNATE NO.2 - MANUFACTURER PRODUCT QUALITY TYPE AND PRICE ALTERNATE NO.2 -MANUFACTURER PRODUCT QUALITY TYPE AND PRICE The City may select the manufacturer and product type pricing for synthetic artificial turf from the Good, Better, Best Prim. MANUFACTURER'S PRODUCT QUALITY TYPE AND QUANTITY UNITPRICE ODODQIIALITY• BETTER BEST QUALITY' DESCRIPTION' PRICE QUALITY' Aam Turf 1 Lump Sum $749,725.0000 $755,275.0000 $889,250.0000 The prong Is provided based on SpeuOcetion requirements. See attached SubmNal her more information Field! Turf 1 Lump Sum S71S.M.0000 5793.000.0000 $850,000.0000 The pricing is provided based on Specircation requirements. Sea smobed SubmlGel M more infomatlon ShawTuff 1 Lump Sum $787.850.0000 $801,500.0000 $905,0110.0000 The pricing Is pmVNed based an Specification requlrements. See attached Submittal lor mora infomletion Summary Table Old Form A BID PROPOSAL -RE -SID EZELL HESTER JR. PARK IMPROVEMENTS- PHASE 1A (BASE BID) 1:51 $3.605,000.00 ALTERNATE NO.1 -E2ELL HESTER JR. PARK IMPROVEMENTS -PHASE 1A $ 389,000.00 Sublclel Contract Amount $ 3.m.orto.00 Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this fans to make it an official part of with your Proposal responses Description Response • Comments Is your company a Minority Owned business? No 1 Pleeae select the appropriate response Net Applicable Please accept this as aur Lehor s Interest W the City of Boynton Boach for the shows - Do you possess a cenHkatlon qualifying your buekses No as a Minority Owned busaws? primary qualifications and a fine commitment W provide Issuing omancalion name Inlxd response in wmmenb box to the right NIA Data of Issuance Input resparee in mmmeMe bier to the right NIA Letter of Interest The Leser of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Lina ben Description Response• 1 The Lefler of Interest shall eummerizes the Pmpose/s Please accept this as aur Lehor s Interest W the City of Boynton Boach for the shows - Does the business have a primary qualifications and a fine commitment W provide referenced project. As a leader In the iratustry for over 25 were, LTG Sports Turf One has the proposed services. expertise in all aspects of athletic fold construction. Our dedicated and experienced whh Ne Florida M ilon of Number of"am in business • management team can lead a project from conceplion to completion, overseeing a wide Boynton Beach, in the current year?• sore of responsibilities while ensuring a quality product is delivered on -schedule and within budget. Our experience, Indication and ability to adapt W challenges on a project she have allowed us W be a highly regarded general contractor that specializes in athletic ledlity r Yes wnstudion throughout Florida. LTG Spats Tut One's breadth of services, value engineering r Yes 40« Years (Name Change) mpabilities, proven results and experience. Wagon the company as the leader in the f No r No athletic sports fecilAies construction industry, Our long-standing diems include professional sport teams, colleges and universities, municipalilies, and many more. LTG Spats Turf One is a LOCAL Contractor with both our Administrative Office and Equipment Yam worin the Cry of Boynton Beach. Having our office and yard within proximity W the project site will also enhance our ability to be readily available at a momenfs nolim. Addilbnally, dm W our local presence many of wr employees reside within the Boynton Beach area. We deo have a dedicated supplier and subcontractor nelwork that operate within our system W provide additional resources were applicable. We have resouroes of industry professionds, from experienced field labor stall, canned sports tuff managers, project managers, engineers, and corporate staff to assist in the day -lo - day operators. Our experienced team underetands the processes required W complete every project as envisoned by our watomere, regardless of the size or scope. From site development and general wnstructron W mWetic facility builds, we provide a Wmkay WWI solution by self -performing the vast majority of our work. Our quality control ant project management processes slow the company W deksor pmWols on time that within budget while eco malnteining a sok emionmenl for our crews eat customers. We piande specialized serves induding athletic facility construction, synthetic WO insulation and maintenance, resume grans had construction and maintenance, general connecting, concrete, design -assist, surveying, fencing and more. Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question t and Question 2 below will qualify the business as a local business. In support of this request, I partly the following to be true and corect: I understand that misrepresentation of any facts in connection with this request maybe cause for removal tram the certified local business list I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Cenification" you declare that you are not a local business in the City of Boyson Beach. f We will not be submitting for Local Business Status Certification Is the business located wMln Does the business have a Is the Maine ea regadn' d the City limits of business tax recant Issued whh Ne Florida M ilon of Number of"am in business • Business license number• Boynton Beach, in the current year?• Corporatism?• Florida?• r Yes c Yes r Yes 40« Years (Name Change) 2019114260 f No r No r No Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC References In order to be considered for this project, the Bidder must list the last successfully completed pmjed of similar scope and complexity in the State of Florida. List a minimum of three (3) successfully completed projects in the slate of Florida of similar scope of work and complexity within the last 10 years which show experience and demonstrate expertise in providing the services as stated herein. Description Rehnnce 1 ' Reference 2 e Rafareue 3 Name of Firm: Inter Miami CF Village of Wellington City of Miami Gardens Electrical 1350 NW SSM St, Fat Laudmdals, FL 12300 Forest Hill Rd. 16605 MW 27M Ave. kx. 33309 Wellington, FL 33414 Scope of Work: Design/Wild athletic facility with multiple New c ftdon of synlhelk. foosel Desgntuild complete synthetic Md synthetic fields field 8 4 natural pracdce fields system including field drainage, FWdTuri 175 N. Industrial BW NE, Tari System landscape 8 Irrigator, concrete work, $ 485,000.00 13% Corporation sports eq.ipmanl scoreboaN and Weacher installation Project Location: DRV PNK Stadium Wellington High School Lester Brown Pent 5 117,sa9.00 1350 NW 55th St, 2101 Greenview Shores BIW, 19405 NW 32nd Ava. Fat LaudaMele, FL 33309 Wallington, FL 33,114 Miami Gardens, FL 33056 Cost d Service: $10,500,000.00 $4,150,000.00 $1,630,000.00 Start Date of Service: July 2019 November 2020 February 2020 End Data of Service: February 2020 June W21 October W20 Contact Person: Don Lockerbie Men Estes Amhory Smith TAb: Managing Director Senior Project Manager Project Manager Email: WA mestes@welliiglonfie. asmiMl@miamigadens-fi.gov Phone $: 305-335-7172 561-7914000 305822-8000 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this pmjed. Bidders shall not indicate 'TBD' (To Be Determined) or "TBA' (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcantractor category in their list of Subcantrecton. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be property licensed, bondable and shall be required to furnish the City with a Certificate or Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, If required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r nv li kinn hwrn I mnfirm that Mare are. no Suhmnbacterat and the Bidder shall oerforn the omiect with their "OWN FORCES' Nems Addreae tkope of wort license No Contract Amount Pemeamg. (%) acoMnct Sporlslighter Electric. 460 Business Parkway, Electrical EC13008730 $ 645,000.00 17% kx. Suite A. Royal Palm Beach, FL 33411 FWdTuri 175 N. Industrial BW NE, Tari System CGC1507328 $ 485,000.00 13% Corporation Calhoun, GA 30701 Homestead 23670 SW 132nd Concrete E0000836 5 117,sa9.00 3.2% Paving Co. Ave., Homestead, FL 33032 GT Grendstend 2810 Sydney Rd, Plant Bleachers WA $ 202,517.00 7.9% Of , FL 33566 Research Ingabon 10050 NW 11Mh Way - Inigation WA $ 125,000.00 3.3% Surfe 11, Medley, FL 33178 FTE Sports 8250 Pascal Drive, Punta Fiend Design WA $ 20,000.00 0.5% Gori, FL 33950 Sawgress 7278 NW 127M Way, Landscape WA $ 132,000.00 3.5% Landscaping Paddend, FL 3307¢ Documents Ensure your submission document(a) conforms to the following: Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single Item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, In relation to the submission format item responding to. For example, 8 responding to the Marketing Plan category save the document as "Marketing Plan.' If the attached filets) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUSTACCOMPANYPROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form & Bid Bond Documents -Bid Form & Bid Bond Documents.prlf - Monday December 05, 2022 1549:35 • Bidders OualTcation Statement-Biddem Qualiticatlon Statement.pdf-Thursday December08,202211:0833 • Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Monday December 05, 2022 15:56:34 • Non -Collusion Affidavit of Emooser- Non -Collusion Affidavit of Bidder.pdf -Monday December 05, 2022 15:58:00 • CertRcet'on Pursuant to Floritla Statute 6 287.135 - Certification Pursuant to Florida Slatue 287.135.pdf. - Monday December 05,2022 16:00:21 • Warranties-WananOes.pcif- Monday December 05, 202216:01:27 • F_ Verify Form Under Section § 448 095 Florida Statutes - E-Vedfy Form Under Section 448.095 Florida SbWtes.pdf - Monday December 05, 2022 160609 • Bidders Site Inspection Confirmation Form - Mendatory - Bidders Site Inspection Confinnation.pcif -Monday December 05, 2022 16:07:39 • Certificates Licenses and Business Permits. W -e - Certs, Licenses & W-9.pdf - Monday December 05, 2022 16:08:38 PmidetheGwd Better, and Beat - Turf Pncina as Requirements nf Soacificet on - Proposal - Hester Park Bid Good Better Best .pdf - Thursday • December 08, 202213: 51: 17 • Additional Document - turf letterou f - Thursday December 08, 2022 13:54:29 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERE All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Farm or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified chock, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the Slate of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - Bid Bond.pdf - Monday December 05, 2022 16,09:35 Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC Addenda & Declarations PURPOSE: The purpose of this bid is to secure the services of a qualified contractor to complete the constriction of the proposed improvements for the Ezell Hester Jr. Parc Improvements as shown in the plans for Phase 1A and Electrical / Data handholds ONLY In Phases I 12, for future electrical / data connections / distribution at locations indicated in Exhibit BBHP-01, dated 5/2122, located under part 3 (Additional Support) per table of content for this Special Conditions Specificabons. Also included in the scope of work is all miscellaneous work within phases 1 B and 2 that is required for the final completion of phase 1A (i.e. electrical / data connections to existing electrical / data rooms). AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references and Past performance, etc. will be provided for this contract to meet the specifications carded herein at a paramount level. The City further reserves the right to waive irregularities and technicalities ancilor to request resubmission. There is no obligation on the pad of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance during the time any of bidders personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials induced in the services against any defects in workmanship; and shall satisfactorily coned, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re- perform the work in question at no additional coat to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work 0 completed by another vendor. INVOICING AND PAYMENT: Payment for any and all Invoice(s) that may arse as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance With the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33925-0310 Al invoices submitted shall consist of as follows: • Cleary referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain data of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be cleady marked as 'partial', 'complete", or 'final invoice' The City will accept partial deliveries. The invoice shall contain the Bidders Federal Employer Identification Number, The City's terns of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment mud have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for connection, the Contractor shall re -submit a corteded Invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be bome by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic, and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no mat to the City, should any questions arise and be made available to the Projed Manager p needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Public Works Director are to be given through him. The Instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foremen or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur, the City reserves the right to hire off duly police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractors Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specificelions and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Project Manager or his representative and the Contractor shall not proceed when In doubt as to any dimension or measurement. a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job she to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Project Manager or his representative at all times. The Contractor shall submit for approval by the Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from contraction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resuhing from delays except that should the City, by act or omission, intentionally and without reason, cause delays which resuit in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing c. If the Contractor fails to start the work within the time specified, and h the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any lability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor equipment, materials and work incidental to, or described or Implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall property join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Project Manager or his representatives and their representatives shall have free access to all pars of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC Oversight or error or judgment of inspectors, or previous acceptance, shell not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN UP: Upon completion of the work speed herein, and before acceptance of any part thereof, and any payment made to include final payment, the Conlmclor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner g prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of property. Addenda 8 Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owners Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. IANE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall Include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If IIWE Wihdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. IIWE acknowledge and agree that any issued AddendumlAddenda forms part of the Bid Call Document. 6. IAME (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and In furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed a none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distributor, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available tlmg counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such Is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC As the person authorized to sign the statement, I cedify that this firm complies fully with the above requirements. P IM/e have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Michael Ryan, President, LTG Sports Turf One, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes s No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum- below to acknowledge each of the addenda. I have revlewed the below addendum and Pa s File Name attachments fif 9e applicable) Addendum No. 1 -Re -Bid Ewell Water Jr. Park Improvements - Phase 1A P 25 Wed November 30 2022 0100 PM Bid Number: PWE23-004 Vendor Name: LTG Sports Turf One, LLC