HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-055 Temp. Reso. #13608 - Page 1
4/23/21
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021- VS
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AWARDING
RFP 21-12R SPORTS COMPLEX AND TEPHFORD
PARK PLAY SURFACE REPLACEMENT PROJECT
TO DW RECREATION SERVICES, INC. AND
APPROVING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND DW RECREATION SERVICES, INC. AT A
COST NOT TO EXCEED $215,990.00 AND A
CONTINGENCY ALLOWANCE OF $21,595.00 FOR
A TOTAL PROJECT BUDGET OF $237,585.00.
APPROVING FUNDING FROM THE APPROPRIATE
CAPITAL IMPROVEMENT ACCOUNTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
O DATE.
WHEREAS, the City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment; and
WHEREAS, Tephford Park is located at 10003 Southgate Boulevard in the City
of Tamarac, Florida and the Sports Complex is located at 9901 NW 77th Street in the
City of Tamarac, Florida; and
WHEREAS, the City published Request for Proposals RFP#21-12R for the play
surface replacement project on March 7, 2021; and
WHEREAS, Request for Proposals RFP#21-12R is incorporated by reference
and available in the Office of the City Clerk; and
11111
Temp. Reso. #13608 - Page 2
4/23/21 410
WHEREAS, the City received two (2) responses from firms including Lanier
Plans Inc., and DW Recreation Services Inc. and;
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1"; and
WHEREAS, The Purchasing Division determined that the proposal response
submitted by DW RECREATION SERVICES, INC, incorporated by reference and
available in the Office of the City Clerk, was the most responsive and responsible
proposer and best able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated an agreement (attached hereto
as "Exhibit 2") with DW Recreation Services, Inc., for their services based on their
proposal at a cost not to exceed $215,990.00; and
WHEREAS, a contingency allowance in the amount of$21,595.00 is added to #11
this project to be used only on an as needed basis. The City Manager, or his designee,
shall be authorized to make changes, issue Change Orders pursuant to Section 6-147(j)
of the City Code, and close the contract award including, but not limited to, making final
payment and release of bonds when the work has been successfully completed within
the terms and conditions of the contract and within the price; and
WHEREAS, it is the recommendation of the Director of Public Services, the
Director of Parks and Recreation, and the Purchasing and Contracts Manager that the
contract for the Sports Complex and Tephford Park Play Surface Replacement project
be awarded to DW Recreation Services Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to award the
• Temp. Reso. #13608 - Page 3
4/23/21
contract for the Tamarac Sports Complex and Tephford Park Play Surface
Replacement Project, at a cost not to exceed $215,990.00 to DW Recreation Services
Inc. , and a contingency in the amount of$21,595.00, for a total budget of $237,585.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
SECTION 2: The City Commission hereby awards RFP No.21-12R to and
approves an Agreement between the City of Tamarac and DW Recreation Services, for
• the Sports Complex and Tephford Park Play surface Replacement Project and the
appropriate City Officials are hereby authorized to execute the Agreement in the amount
of $215,990.00 and authorize a contingency allowance of $21,595.00 subject to section
6-147(j) of the City Code.
SECTION 3: An expenditure of $215,990.00, and a contingency in the amount of
$21,595.00 for a total project budget of $237,585.00 is hereby approved.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
• Resolution.
Temp. Reso. #13608 - Page 4 •
4/23/21
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
SECTION 7: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of M , 2021.
M H LLE J. GOM
Mayor
ATTEST:
_ A_,-, 1.);,.4 /0_,/,,,„c .-_______
____/
JENAfIFER JOHNSO,.
City Clerk
111
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ "S
DIST 1: COMM. BOLTON ,IieS
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS ,�
DIST 4: COMM. FLACK() y��
HEREBY C TIFY that I have approved
this RES N as to form.
HANS OTTINOT
City Attorney
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
AGREEMENT FOR SINGLE STEP CONSTRUCTION
BETWEEN THE CITY OF TAMARAC
AND
D.W. Recreation Services, Inc.
THIS AGREEMENT is made and entered into this day of MP , 20 by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the "CITY") and D.W. Recreation Services, Inc. a Florida corporation
with principal offices located at 2500 NW 79th Avenue, #258, Doral, Florida 33122 (the "Contractor")
to provide services to complete SPORTS COMPLEX TEPHFORD PARK PLAY SURFACE
REPLACEMENT PROJECT.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, RFP Document No. 21-12R for "SPORTS
COMPLEX TEPHFORD PARK PLAY SURFACE REPLACEMENT PROJECT", issued by the
City of Tamarac on March 8, 2021 including all conditions therein, (General Terms and
Conditions, Special Conditions and/or Special Provisions, Instructions to Proposer's), drawings
and/or schematic plans, Technical Specifications, all addenda, the Contractor's Proposal
response dated April 8, 2021, and The Contractor's Price Clarification Document, Appendix A
to this Agreement, dated April 22, 2021 and all modifications issued after execution of this
Agreement. These contract documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein. In the event that there is a
conflict between RFP 21-12R for "SPORTS COMPLEX TEPHFORD PARK PLAY SURFACE
REPLACEMENT PROJECT" as issued by City, and the contractor's proposal response; RFP
21-12R for "SPORTS COMPLEX TEPHFORD PARK PLAY SURFACE REPLACEMENT
PROJECT" as issued by City shall take precedence over the contractor's proposal response.
Furthermore, in the event of a conflict between this document and any other Contract
Documents, this Agreement shall prevail.
2. THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
complete the scope of work, as outlined in the contract documents including all
Addendums, Exhibits, Attachments and Appendices.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the beginning of work under this Agreement and prior to any schedule change
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City of Tamarac Purchasing and Contracts Division
with the exception of changes caused by inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original proposal document or as required by the City's
Risk and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all
other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured. Contractor
shall be responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies. The following are required types and minimum
limits of insurance coverage, which the Proposer agrees to maintain during the term of
this contract:
General Liability - $1 M/$2M
Automobile—$1 M/$1 M
Workers Comp—Statutory
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Proposer shall execute and furnish the CITY a
Performance Bond and Payment Bond, 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 an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the proposal award amount as
security for the faithful project performance and payment of all the Contractor's
obligations under the contract documents, per City Code Section 10-156. The
Performance Bond shall be conditioned that the Successful Proposer performs the
contract in the time and manner prescribed in the contract. The Payment Bond shall be
conditioned that the Successful Proposer promptly make payments to all persons who
supply the Successful Proposer 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 hold 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
TAMARAC
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City of Tamarac
required to make under the law. Payment and Performance Bonds must be submitted
on City forms, included herein. At the completion and formal approval and acceptance
of all work associated with the project, a one-year warranty period will begin. If the surety
on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or
its right to do business is terminated in Florida, the Contractor shall, within seven (7)
days thereafter, substitute another bond meeting the requirements outlined above,
which must also be acceptable to the City.
4.3 A Warranty Bond shall be submitted to the City for twenty-five percent (25%) of the total
value of the contract (including executed change orders) and come into effect one (1)
year after final payment becomes due, except as otherwise provided by law or regulation
or by the Contract Documents. Successful Proposer shall correct any defective or faulty
work or material which appear within one (1) year after final payment of the Contract,
upon notification by CITY. The Warranty Bond shall coverall all costs of labor as well as
materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor
shall ensure that the Performance and Payment Bond or Bonds referenced above
shall be recorded in the Public records of Broward County at the Proposer's
expense. Proof of recording must be submitted to the City prior to issuance of
any purchase order or payment by the City. One (1) set of original Performance and
Payment Bond documents is required to be provided to the City prior to the issuance of
any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10)days after the date that Contractor
receives the City's Notice to Proceed. Project substantial completion shall be within One
Hundred Eighty (180) calendar days from Contractor's receipt of City's Notice to
Proceed. Final Completion shall be Forty-Five (45) calendar days from date of
substantial completion totaling Two Hundred Twenty Five (225) calendar days
5.2 During the pre-construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. In the event that
any delays in the pre-construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force majeure or
are otherwise outside of the control of either party hereto, then the parties shall agree
on an equitable extension of the time for substantial completion hereunder and any
resulting increase in general condition costs.
6. CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of: Two Hundred Fifteen
Thousand Nine Hundred Ninety Dollars and Zero Cents ($215,990.00).
7. PAYMENTS
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of five percent (5%) will be deducted from each monthly payment through
project completion, upon City review and approval. Retainage monies will be released upon
satisfactory completion and final inspection of the specific work order. Invoices must bear the
RFP number, project name, project number, and purchase order number. The City has up to
twenty-five (25) business days to review, approve and pay all invoices after receipt. The
Contractor shall invoice the City and provide a written request to the City to commence the one-
year warranty period. All necessary Release of Liens and Affidavits shall be processed before
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S.,
Part VII, Chapter 218.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanship.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively.
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City, and executed by the City and Contractor. Once the
change order is so approved, the Contractor shall promptly proceed with the work.
9.3 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
P 9 in the Contract Price or Time except as approved
s expense without change p
in writing by the City.
9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. The amount of the claim with supporting data
shall be delivered (unless the City allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurrence of the event giving rise to the claim. Notice of the extent of the claim
shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contractor has given the notice and the supporting data required by this
Paragraph.
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
9.7 Extensions of time shall be considered and will be based solely upon the effect of delays
to the work as a whole. Extensions of time shall not be granted for delays to the work,
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay
the progress of work as a whole. Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time extensions shall
not be granted until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, City
reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as City deems necessary to complete the
work. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract time
is required to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City.
Failure of the Contractor to obtain such approval from the Surety may be a basis for
termination of this Contract by the City.
10. LIQUIDATED DAMAGES
Project Substantial completion shall be within One Hundred Eighty (180) calendar days
from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Two
Hundred Tweny Five (225) calendar days from date of City's Notice to Proceed. All time
limits stated in the Contract Documents are of the essence of the Agreement. The parties
acknowledge that damages arising from delay in meeting these time limits are difficult or
impossible to ascertain. Therefore, the parties hereby agree that in the event that the Contractor
fails to meet the time limits, as may be extended by the City in accordance with the terms of the
Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed
against Contractor in the amount of Five Hundred Dollars and Zero Cents ($500.00)for each
calendar day beyond the time imposed until such work is completed.
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by Contractor for hindrances or delays
due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of
the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not
reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control,
or by other causes which the City and Contractor agree may justify delay, then the Contract Time
TAMARAC
The City For Your Life
shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of time shall be
granted for delays resulting from normal weather conditions prevailing in the area as defined by
the average of the last ten (10) years of weather data as recorded by the United States
Department of Commerce, National Oceanic and Atmospheric Administration at the Fort
Lauderdale Weather Station.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
Contractor warrants the work against defect for a period of one (1) year from the date of City
approval of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to the affected area or to interior structure. The one (1) year
warranty period does not begin until approval of final payment for the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original RFP document.
14. INDEMNIFICATION
14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) in connection with loss of life, bodily
or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
City or its elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the termination
hereof.
14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time
to time
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, genetic information
or disability if qualified. The Contractor will take affirmative action to ensure that
employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, gender identity or
TAMARAC
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City of Tamarac Durchnsing and Contracts D,"vier."x
expression, or disability if qualified. Such actions must include, but not be limited to,
the following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
15.2 The Contractor and its subcontractors shall agree to post in conspicuous places,
available to its employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions
of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not
conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business, that it
has made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any joint
employment relationshipbetween the Contractor and the Cityand the Citywi
ll not be liable for
any obligation incurred by Contractor, including but not limited to unpaid minimum wages
and/or overtime premiums.
17. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
18. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Ottinot Law, P.A.
5944 Coral Ridge Drive, PM #201
Coral Springs, FL 33076-3300
t y=r� o,C"r. a yfs;ina cold/ordcdct4 IlTo=lon
CONTRACTOR
Name: D.W. Recreation Services, Inc.
Address: 2500 N.W. 79th Ave. # 258 Dora!, Florida 33122
FIN/EIN: 20-4644237
Contract Licensee: CGC1520829
Contact: Donald L. West
Email: dwestdwrecreation.com
c�
Phone: 561-818-4819
Fax: 561-877-4313
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to 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.
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the 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.
20. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac
in the annual budget for each fiscal year of this Agreement, and is subject to termination
based on lack of funding.
21. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
22. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that
the signatory for Contractor has the authorityto enter into this Agreement.
9 rY
23. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of
the remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
TAMARAC
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beyond the reasonable control of the nonperforming party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions, such as delays in permitting due to outside
agencies, which are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement
can be supplemented and/or amended only by a written document executed by both the
Contractor and the City.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert
such a presumption in any proceedings or disputes connected with, arising out of, or involving
this Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the
award or making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor 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 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.
28.2 Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to 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, 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 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
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contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
29. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service;
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
29.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the
Agreement and any renewals thereof if CONTRACTOR does not transfer the
records to the CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all
public records to the CITY upon completion of the Agreement, CONTRACTOR
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon completion of the Agreement,
CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically 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.
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. E-VERIFY
Definitions:
"Agency" or"Public Employer" for purposes of this section shall mean the City of Tamarac, a
Municipal Corporation which is a political subdivision of the State of Florida.
"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
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
TAMARAC
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"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.
Effective January 1, 2021, public and private employers, contractors and subcontractors will
begin required registration with, and use of, the E-verify system in order to verify the work
authorization status of all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of:
a) All persons employed by Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City. The Contractor
acknowledges and agrees that 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 Tamarac.
Should Vendor become the successful Contractor awarded for the above-named project, by
entering into this Agreement, the Contractor becomes obligated to comply with the provisions
of§448.095, FL. Statutes, as amended from time to time. This includes but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees; and requiring 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 20 calendar days after the date of
termination. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract by the City for a period of 1 year after the
date of termination. By signing below, the Vendor acknowledges these terms shall be an
integral part of its proposal and the Contract.
31. CUSTODIAN OF RECORDS
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 AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
TAMARAC
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City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONTRACTOR, signing by and through its Owner/Vice President, duly authorized to
execute same.
CITY OF AMARAC
aat-geg -
Miche a J. Gomez, Mayor
\\A 0..........:1,9 0, VigliplIMIIIIIIIIIW ......._
- 0.. ..0 "-- 0, 1141L41W
EBT: ESTABLISH D. .,,;r ichael C. Cernech, City Manager
9� ; v
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Je jilh sort O Date
ity Clef i'��•• • .....•••• 4�.``
�'i� CO U N� \ \\\
01-0./ Apprdved as to form and legal sufficiency:
Date
li-ivykfi, 4. kr__ _
City Attorney
Date
ATTEST: D.W. Recreation Services, Inc.
/ 1 2 Company Name
( G CCU �""� _-.___________
Sig ature of Corporate Secretary Signature of Vice President
Carrk-e rA- Donald West
Type/Print Name of Corporate Secy. Type/Print Name Vice President
411.(261 /
(CORPORATE SEAL) Date
TAMARAC
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City of Tamarac .Contra+'s r,
CORPORATE ACKNOWLEDGEMENT
STATE OF FL :
:SS
COUNTY OF Palm(fie ;11 :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared twair)1iVe w'e4
]of ' ' me
2 Corporation, to me known to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of , I 2-k , 20 2I.
Signature of No Public
State of Florida at Large Keisha Hotaling
illthi
6\NR NOTARY PUBLIC
or %STATE OF FLORIDA
Print, Type or Sta & t. ?Comm#GG108362
Name of Notary Publ.I CE 79;1 Expires 9/22/2021
I - Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
TAMARAC
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City of Tamarac Purchasing and Contracts Division
APPENDIX A
PRICE PROPOSAL FORM
RFP: 21-12R SPORTS COMPLEX - TEPHFORD PARK PLAY SURFACE
REPLACEMENT PROJECT
This price is based on discussion with Ron Stein and John Doherty that
reduced the scope of work and drawings needed for permitting.
BREAKDOWN:
General Construction - $203,800.00
Alternate #1 Fencing - $7,850.00
Drainage Allowance - $4,340.00
TOTAL - $215,990.00
Donald West VP 4/22/2021
21-12R—SPORTS COMPLEX—TEPHORD PARK PLAY SURFACE REPLACEMENT PROJECT APPENDIX A