HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-082C
Temp. Reso. #13135
June 28, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2018
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO AWARD
RFP#18-15RR TO AND EXECUTE AN AGREEMENT
WITH D.W. RECREATION SERVICES, INC. FOR THE
TAMARAC PARK PLAYGROUND RENOVATION
PROJECT FOR AN AMOUNT NOT TO EXCEED
$375,383.00; A CONTINGENCY AMOUNT OF
$37,538.00 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL PROJECT BUDGET OF
$412,921.00; APPROVING FUNDING FROM THE
APPROPRIATE CAPITAL IMPROVEMENT
ACCOUNT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE 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 with the purchase and installation of new Playground Equipment at
the Tamarac Park facility; and
WHEREAS, Tamarac Park Playground is located inside Tamarac Park at 7501
N. University Drive, Tamarac, Florida; and
WHEREAS, the Playground Renovation Project shall include demolition,
purchase and installation of new playground equipment, safety surface, and shade
structure, as well as, sub -surface drainage and associated amenities in accordance
with RFP#18-15RR; and
Temp. Reso. #13135
June 28, 2018
Page 2
WHEREAS, the playground is currently operational and heavily utilized by the
community and the children from Tamarac Elementary School; and
WHEREAS, the City published Request for Proposal RFP#18-15RR for Tamarac
Park Playground Renovation Project on Friday, May 25th, 2018; and
WHEREAS, Request for Proposal RFP#18-15RR is incorporated by reference
and available in the Office of the City Clerk; and
WHEREAS, the City received one (1) response from D.W. Recreation Services,
Inc.; and
WHEREAS, the RFP Selection and Evaluation Committee consisted of Director
of Parks and Recreation, Assistant Director of Parks and Recreation, Assistant
Director of Public Services, Project Manager and Senior Procurement Specialist; and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit V; and
WHEREAS, the RFP Selection and Evaluation Committee determined that the
proposal response submitted by D.W. Recreation Services, Inc., incorporated by
reference and available in the Office of the City Clerk, was best able to meet the needs
of the City; and
WHEREAS, the City of Tamarac has negotiated a contract with D.W. Recreation
Services, Inc., for the services based on their proposal at a cost not to exceed
$375,383.00, (attached hereto as "Exhibit 2"); and
WHEREAS, a contingency allowance in the amount of $37,538.00, is added to
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-
1470) of the City Code, and close the contract award including but not limited to,
Temp. Reso. #13135
June 28, 2018
Page 3
making final payment and release of bonds when the 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 Tamarac Park Playground Renovation Project be awarded to D.W.
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
contract for the Tamarac Park Playground Renovation Project, at a cost not to exceed
$375,383.00 to D.W. Recreation Services, Inc., and contingency in the amount of
$37,538.00 for a total budget of $412,921.00.
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. All exhibits attached hereto and referenced herein are
expressly incorporated and made a specific part of this Resolution.
Section 2: The City Commission hereby awards RFP No. #18-15RR to and
approves an Agreement between the City of Tamarac and D.W. Recreation Services,
Inc., for the Tamarac Park Playground Renovation Project ("the Agreement") and the
appropriate City Officials are hereby authorized to execute the Agreement hereto
attached as "Exhibit 2" for the Tamarac Park Playground Renovation Project.
Temp. Reso. #13135
June 28, 2018
Page 4
Section 3: An expenditure of $375,383.00, and a contingency in the amount of
$37,538.00 for a total project budget of $412,921.00 is hereby approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City
Code including any additional work within the constraints of the contingency allowance,
and close the contract award including, but not limited to making final payment within
the terms and conditions of the contract and within the contract price.
Section 5: All Resolutions or parts of Resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
Section 6: 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 in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
"The remainder of this page is intentionally left blank."
G
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1-1 L
Temp. Reso. #13135
June 28, 2018
Page 5
Section 7: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
r,•
day of _ , 2018.
HARRY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2. V/M GOMEZ
DIST 3. COMM. FISHMAN
DIST 4: COMM. PLACKO
June 28, 2018 Tamarac Park Playground Renovation Project RFP 18-15RR
Committee Evaluation Totals
Proposer's Name: I DW Recreation Services, Inc.
Director of Parks & Rec
18
Asst. Director of Parks & Rec
19
Capital Prog Mgr/Asst Dir of PS
18
Project Manager
18
Senior Mgmt. & Budget Analyst
15
Availabilitv of Proposed Staff (Max 15 points)
Director of Parks & Rec
14
Asst. Director of Parks & Rec
13
Capital Prog Mgr/Asst Dir of PS
14
Project Manager
13
Senior Mgmt. & Budget Analyst
10
I Knowledqe of and Approach to Proposed Work (Max 20 points)
Director of Parks & Rec
18
Asst. Director of Parks & Rec
18
Capital Prog Mgr/Asst Dir of PS
18
Project Manager
17
Senior Mgmt. & Budget Analyst
15
I Team Work History (Max 20 points)
Director of Parks & Rec
20
Asst. Director of Parks & Rec
19
Capital Prog Mgr/Asst Dir of PS
17
Project Manager
19
Senior Mgmt. & Budget Analyst
20
cost rroposai (max za volnts)
Director of Parks & Rec
25
Asst. Director of Parks & Rec
25
Capital Prog Mgr/Asst Dir of PS
25
Project Manager
25
Senior Mgmt. & Budget Analyst
25
Tr1TAl PnINTR
Director of Parks & Rec
95
Asst. Director of Parks & Rec
94
Capital Prog M r/Asst Dir of PS
92
Project Manager
92
Senior Mgmt. & Budget Anal st
85
TOTAL POINTS
458
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave ® "Committed to Excellence... Always„
Tamarac, FL 33321 + + ' + https:l/tamarac.bidsandtenders.org
RFP CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
D.W. RECREATION SERVICES, INC.
THIS AGREEMENT is made and entered into this day of 2Q/by and
between the City of Tamarac, a municipal corporation with princip office located at 7525 N.W.
88th Ave., Tamarac, FL 33321 (the "CITY") and D.W. RECREATION SERVICES, INC.
corporation with principal offices located at Florida (the "Contractor") to provide for services to
complete the Tamarac Park Playground Renovation 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, All Attachments, All Exhibits, All
Appendices and All Addendums included in RFP Document No. 18-15RR - including all conditions
therein, (General Terms and Conditions, Special Conditions and/or Special Provisions,
Instructions to Proposers), drawings and/or schematic plans, Technical Specifications, all
addenda, the Contractor's proposal included herein, 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 18-15RR as issued by City, and the Contractor's Proposal, RFP 18-15RR
as issued by City shall take precedence over the Contractor's Proposal. 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.
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 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
18-15RR - Tamarac Park Playground Renovation Project 1 DW Recreation Services Inc
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
3)
4)
INSURANCE
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hftps:/Itamarac.bidsandtenders.org
Agreement, which are applicable to the Contractor, its employees, agents
or subcontractors, if any, with respect to the work and services described
herein.
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid 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
Bidder agrees to maintain during the term of this contract:
Insurance Requirements
Line of Business/ Coverage
Occurrence
I Aggregate
Limits
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
$1,000,000
$1,000,000
Products/Completed Operation
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile Liability
$1,000,000.00
i $1,000,000.00
Workers' Compensation &
Statutory
Employer's Liability
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 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. The work shall be completed
within Two Hundred Ten (210) Calendar days for Final Completion from issuance
of City's Notice to Proceed, subject to any permitted extensions of time under the
Contract Documents. The work under this agreement shall be substantially
complete (i.e. Substantial Completion) within One Hundred Eighty (180) calendar
days from issuance of City's Notice to Proceed.
18-15RR - Tamarac Park Playground Renovation Project 2 DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hftps:/Itamarac.bidsandtenders.org
4.2 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.
5) CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of Three Hundred
Seventy -Five Thousand Three Hundred Eighty -Three Dollars (376,383.00).
6) PAYMENTS
6.1 Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until fifty percent (60%) of the project is complete. Retainage will be
reduced to five percent (5%) thereafter. Retainage monies will be released upon
satisfactory completion and final inspection of the work. Invoices must bear the
project name, project number, bid number and purchase order number. City has
up to thirty 30 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 (1) year warranty period. All necessary Releases of Liens and
Affidavits and approval of Final Payments shall be processed before the warranty
period begins. All payments shall be governed by the Florida Prompt Payment Act,
F.S., Part VII, Chapter 218.
6.2 The City desires to be able to make payments utilizing City's Visa Procurement
Card as a means of expediting payments. It is highly desirable that successful
proposer have the capability to accept a Visa Procurement/Credit card as a means
of payment.
7) REMEDIES
7.1 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.
7.2 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.
8) CHANGE ORDERS
18-15RR - Tamarac Park Playground Renovation Prolect DW Recreation Services Inc.
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 httns://tamarac.bidsandtenders.ora
8.1 All Change Orders shall include a maximum Overhead and Profit, not to
exceed five percent (5%) and five percent (5%) respectively.
8.2 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.
8.3 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 Contractor's expense without change in the Contract Price or Time
except as approved in writing by the City.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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
19-15RR - Tamarac Park Playground Renovation Project " DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hops://tamarac. bidsandtenders.or_q
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.
9) 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 beTwo
Hundred Ten 2( 10) calendar days from date of substantial completion. 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 Two Hundred Fifty Dollars and Zero Cents ($250.00) for each calendar day beyond the time
imposed until such work is completed.
10) 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 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
18-15RR - Tamarac Park Playground Renovation Project 0 DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hftps://tamarae. bidsandtenders.org
the United States Department of Commerce, National Oceanic and Atmospheric Administration
at the Fort Lauderdale Weather Station.
11) 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.
12) WARRANTY
12.1 The following warranties shall be in effect from the date of City approval of final
payment: Picnic tables, Rally 32-Gallon Trash Receptacles and the Courtyard
Contour bench shall include a twenty (20) year limited structural warranty with
seven 7-year finish warranty. All Playground equipment shall be ISO Certified
and shall be warranted for a period of not less than twelve (12) months. All other
items outlined in the proposal shall hold the standard manufacturer's warranty.
12.2 In the event that a defect occurs during this the specific warranty period as
delineated in Section 12.1 herein, 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 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 bid document.
13) INDEMNIFICATION
13.1 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.
13.2 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
14) NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, religion, color, gender, national origin,
sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are treated during
employment, without regard to their race, religion, color, gender or national original, or disability.
18-15RR - Tamarac Park Playground Renovation Project 6 DW Recreation Services inc.
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 j ' ' httas://tamarae.bidsandtenders.org
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. The Contractor shall agree
to post in conspicuous places, available to 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 Subcontractors, if any, will be made
aware of and will comply with this nondiscrimination clause.
15) 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 relationship between the Contractor and the City and
the City will not be liable for any obligation incurred by Contractor, including but not limited to
unpaid minimum wages and/or overtime premiums.
16) 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.
17) 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:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
IS-15RR - Tamarac Park Playground Renovation Project I DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https://tama rac. bidsandtenders.org
Name: D.W. RECREATION SERVICES, INC.
Address:2500 N.W. 79th Avenue #258 Doral, FL 33122
FIN/EIN:20-4644237
Contract Licensee: General Contractor: CGC1520829
Contact: Donald West
Email: dwest@dwrecreation.com
Phone: 561-818-4819
Fax: 561-877-4313
18) TERMINATION
18.1 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.
18.2 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.
19) 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.
20) 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.
21) SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
22) 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
DW Recreation Services Inc.
16-15RR - Tamarac Park Playground Renovation Project
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 https:lltamarae.bidsandtenders.org
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the
remainder of this Agreement.
23) UNCONTROLLABLE CIRCUMSTANCES
23.1 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 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.
23.2 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.
24) 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.
26) 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.
18-15RR - Tamarac Park Playground Renovation Project DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
27) PUBLIC RECORDS
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:lltamarac. bidsandtenders.org
27.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
27.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
27.1.2 Provide the public with access to such public records on the same terms s
that the City would provide the records and at a cost that does not exceed
that provided in chapter 119, Fla. Stat., or as otherwise provided by law;
27.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
27.1.4 Meet all requirements for retaining public records and transfer to the City,
at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt. All records stored electronically must
be provided to the City in a format that is compatible with the information
technology systems of the agency.
27.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in, "Termination", herein.
28) SCRUTINIZED COMPANIES - 287.136 AND 216.473
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 contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
29) CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
18-15RR -Tamarac Park Playground Renovation Project
DW Recreation Services Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence —Always"
httns:/Itamarac. bidsandtenders.orn
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
CITYCLERKa-TAMARAC.ORG
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CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave ® ..Committed to Excellence... Always„
Tamarac, FL 33321 ' ' https:iitamarac.bidsandtenders.2r4
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 President duly authorized to
execute same.
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Harry Dressler, Mayor
Date
Approved to form and legal sufficiency:
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D.W. RECREATION SERVICES, INC.
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Signature of Corporate Secretary Sig at&e of President
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Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Candace West
President
Date
18-15RR - Tamarac Park Playground Renovation Project 72 DW Recreation Services Inc.
CITY OF TAMARAC
7525 NIN 88th Ave
Tamarac, FL 33321
CORPORATE ACKNOWLEDGEMENT
STATE OF FIo�iC��
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COUNTY OF Pilm e"Kh
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
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I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid anZ
the County aforesaid to take acknowledgments, personally appeared
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a 5 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 TUne- Zg 2017.
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Keisha Hotaling
Signature of Notary 6blic
State of Florida at Larg
(VOTARY PUBLIC
STATE OF FLORIDA
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Name of Notary Public
Personally known to me or
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Type of I.D. Produced
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❑ DID NOT take an oath.
18-15RR - Tamarac Park Playground Renovation Project 14 DW Recreation Services Inc.