HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-061Temp. Reso. # 12625
April 22, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015 (�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 15-
02R TO AND APPROVING AN AGREEMENT WITH D.W.
RECREATION SERVICES, INC., FOR THE DESIGN/BUILD
OF THE SUNSET POINT PARK RENOVATIONS PROJECT
FOR A CONTRACT AMOUNT OF $489,101.001 A
CONTINGENCY IN THE AMOUNT OF $48,910.00 WILL BE
ADDED TO THE PROJECT ACCOUNT FOR A TOTAL
PROJECT BUDGET OF $538,011.00; AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to provide its
residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities and environment; and
WHEREAS, Sunset Point Park is located at 11000 W. McNab Road, Tamarac,
Florida, and has certain park elements in great need of replacement; and
WHEREAS, City staff assessed the current condition of the park, and determined
the best course of action was to renovate the existing park by replacing the playground,
covered shelter, fitness stations, multi -purpose trail/pathway, along with other
appurtenances necessary to complete the Sunset Point Park Renovation Project; and
Temp. Reso. # 12625
April 22, 2015
Page 2
WHEREAS, the City published Request for Proposals (RFP) 15-02R for the
Design/Build of the Sunset Point Park Renovation Project (Step 1) on December 21,
2014, for the Sunset Point Park Renovation Project, incorporated herein by reference
and on file in the Office of the City Clerk; and
WHEREAS, a Selection and Evaluation Committee was convened and was
comprised of the Director of Parks & Recreation, Assistant Director of Parks &
Recreation, Finance Department Management and Budget Analyst, Risk Management
Safety Specialist, Public Services Project Manager, and Assistant Director of Public
Services/City Engineer; and
WHEREAS, the Selection and Evaluation Committee reviewed the proposals of
three (3) firms, which were short-listed to two (2) firms, including JMW Construction
Corporation and D.W. Recreation Services, Inc.;
WHEREAS, the above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee; and
WHEREAS; the RFP Selection and Evaluation Committee ranked D.W.
Recreation Services, Inc., as number one (1) out of the two (2) firms; a copy of the
Evaluation Worksheet is attached hereto as "Exhibit 1", incorporated herein and made a
specific part of this resolution; and
Temp. Reso. # 12625
April 22, 2015
Page 3
WHEREAS, it is the recommendation of the Director of Parks and Recreation,
the Director of Public Services, the Director of Financial Services, and the Purchasing
and Contracts Manager that the City Commission of the City of Tamarac award RFP 15-
02R to and execute an Agreement with D.W. Recreation Services, Inc., a copy of the
Agreement is attached hereto as "Exhibit 2", incorporated herein and made a specific
part of this resolution; 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 RFP
15-02R to and execute an Agreement with D.W. Recreation Services, Inc., for the
Design/Build of the Sunset Point Park Renovation Project at a contract cost of
$489,101.00; a contingency in the amount of $48,910.00 will be added to the project
account for a total project budget of $538,011.00
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 are incorporated herein
and made a specific part of this resolution.
Temp. Reso. # 12625
April 22, 2015
Page 4
SECTION 2: The City Commission hereby awards RFP No. 15-02R to and
approves an Agreement between the City of Tamarac and D.W. Recreation Services,
Inc. ("the Agreement') and the appropriate City Officials are hereby authorized to
execute the Agreement, hereto attached as "Exhibit 2", to provide for the Design/Build
of Sunset Point Park Renovation Project located at 11000 W. McNab Road, Tamarac,
Florida.
SECTION 3: An expenditure for a contract cost of $489,101.00; a contingency in
the amount of $48,910.00 will be added to the project account for a total project budget
of $538,011.00 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,
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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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Temp. Reso. # 12625
April 22, 2015
Page 5
SECTION 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED thisay of , 2015.
ATTEST:
PATRICIA TEUFEL, �MC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
;AMUEL S. GOREN
CITY ATTORNEY
"s,
HARRYDRESSLER
i •-
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
Temp. Reso. #12625-Exhibit 1
March 26, 2015 Sunset Point Pary Renovation RFP 15-02R
Committee Evaluation Totals
AGREEMENT
RFP No. 15-02R
Sunset Point Park Renovation
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
Tamarac, FL 33321
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
D.W. RECREATION SERVICES, INC.
THIS AGREEMENT is made and entered into this day of , 2015 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 N.W. 79th Ave., Doral, FL 33122
(the "Contractor") for the Tamarac Sunset Point Park 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, RFP No. 15-02R — Sunset Point Park
Renovations, including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the
Contractor's proposal dated February 19, 2015 included herein as clarified by the letter
from D.W. Recreation Services, Inc., dated May 20, 2015, attached hereto as Exhibit A,
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 No. 15-
02R as issued by City, and Contractor's Proposal, RFP No. 15-02R 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 Document, 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.
Agreement- RFP 15-ol R — Sunset Point Park Renovation Page 2
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 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 General 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.
4) 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
substantially completed within 150 calendar days and final completion within
30 days of substantial completion from issuance of City's Notice to Proceed,
subject to any permitted extensions of time under the Contract Documents.
For the purposes of this Agreement, completion shall mean the issuance of
final payment.
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 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 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 time for substantial completion hereunder and any
resulting increase in general condition cost.
Agreement- RFP 15-o 1 R — Sunset Point Park Renovation Page 3
5) Contract Sum
The Contract Sum for the above work is four hundred eighty nine thousand, one hundred
one Dollars and no cents ($489,101.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until
50% of project is complete. Retainage will be reduced to five percent (5%) thereafter.
Retainage monies will be released upon satisfactory completion and final inspection of
work. Invoices must bear project name, project number and bid P.O. number. City has up
to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall
invoice the City and provide a written request to 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 warranty period begins. All payments shall be
governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 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 the 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
8.1 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. All Change Orders shall include overhead and profit, not to
exceed five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
Agreement- RFP 15-01 R — Sunset Point Park Renovation Page 4
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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 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 the contract price shall be determined by mutual
acceptance of a Guaranteed Maximum Price by 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.
Agreement- RFP 15-ol R — Sunset Point Park Renovation Page 5
9) 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 THE 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 the United States Department of
Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale
Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted
by all suppliers, subcontractors, and/or Contractors 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 from all claims of liability by Contractor in connection with the
agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment and as additionally provided for in the contract documents. 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
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 RFP.
Agreement- RFP 95-olR — Sunset Point Park Renovation Page 6
12) Indemnification
12.1 Contractor shall indemnify and hold harmless 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 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 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 claim may be made after the
termination hereof.
12.2 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.
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. Contractor will take affirmative action to ensure that employees are treated
during employment, without regard to their race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, 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.
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.
14) 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
Agreement- RFP 95-ol R — Sunset Point Park Renovation Page 7
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.
16) 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
Michael C. Cernech
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
D.W. Recreation Services, Inc.
Donald West, Vice President
2500 N.W. 79th Ave. #258
Doral, FL 33122
17) Termination
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17.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the terminating
party to the other party for such termination in which event the Contractor
shall be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
17.2 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.
18) 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.
19) 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.
20) 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.
21) 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 the 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 the
enforceability of that provision or of the remainder of this Agreement.
22) Uncontrollable Circumstances
22.1 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,
Agreement- RFP 15-o 1 R — Sunset Point Park Renovation Page 9
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
22.2 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.
23) 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.
24) 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.
25) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for 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 Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement
26) Public Records
26.1 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:
26.1.1 Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service;
26.1.2 Provide the public with access to such public records on the same
terms as 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;
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26.1.3 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
26.1.4 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.
26.2 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 Article 17,
"Termination", herein.
Balance of Page Intentionally Left Blank
Agreement- RFP 15-o1R — Sunset Point Park Renovation Page 19
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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Patricia A. Teufel, C
City Clerk
j
Date
ATTEST:
rd '
Si nature of Corporate Secretary
CQi' Ouce- uje( -t-
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
w
TAMARAC
Harry biressler, Mayor
7 -'r -1�"
Date
chael C. Cern/echo, City Manager
Date
Approved as to form and Qlegal sufficiency:
� orney
Date
D. W. Recreation Services, Inc.
Company Name
Signature of Vice President
Donald West
1,1/ bof
Date
Agreement- RFP 95-o?R — Sunset Point Park Renovation Page 12
CORPORATE ACKNOWLEDGEMENT
STATE OF FIofr►d a
:SS
COUNTY OF Palm Beth
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
Donald West, Vice President of D.W. Recreation Services, Inc., a Florida 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 J"vne I 2015.
KEISHA HOTALING
NOTARY PUBLIC
STATE OF FLORIDA
Comm# FF021704
Expires 9/27/2017
�i "&AL'
Signatur f Notary Public
State of Florida at Large
Leislu ! +Rj ne�
PriAt, Type or Stamp
Name of Notary Public
[Personally known to me or
❑ Produced Identification
Type of I.D. Produced
[� DID take an oath, or
❑ DID NOT take an oath.
Page 2 of 3
FORM PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and, as Surety, are bound to
the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of
Four hundred eighty nine thousand, one hundred one Dollars and no cents ($ 489,101.00 )
for the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract for RFP No.15-02R- awarded the
day of , 2015, with OWNER for Sunset Point Park Renovations
including the purchase and installation of new playground equipment and park associated
elements which contract is by reference made a part hereof, and is hereafter referred to as
the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay caused by or arising out of the acts, omissions or
negligence of CONTRACTOR), expenses, costs and attorney's fees including
attorney's fees incurred in appellate proceedings, that OWNER sustains because of
default by CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 713.01
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosecution of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force and
effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and
who has not received payment for his labor, materials, or supplies shall, within forty
five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to the CONTRACTOR a notice that he intends to
look to the Bond for protection.
2.2 A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety (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 of the non-payment.
Page 2 of 3
2.3 Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 2015.
WITNESSES
Secretary
(AFFIX SEAL)
WITNESSES
Secretary
(AFFIX SEAL)
IN THE PRESENCE OF:
Principal
Signature and Title
Type Name and Title signed above
Surety
By
Signature and Title
Type Name and Title signed above
INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
City/State/Zip Code
Telephone
Page 2 of 3
ACKNOWLEDGMENT
FORM PAYMENT BOND
State of
County of
On this the day of , 2015, before me, the undersigned
Notary Public of the State of Florida, the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
of
(Title)
(State of Corporation)
NOTARY PUBLIC, STATE OF
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
CERTIFICATE AS TO PRINCIPAL
I, , certify that I am the Secretary of the Corporation named
as Principal in the foregoing Payment Bond; that
who signed the Bond on behalf of the Principal, was then of said
Corporation; that I know his/her signature; and his/her signature thereto is genuine; and
that said Bond was duly signed, sealed and attested to on behalf of said Corporation by
authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
Page 2 of 4
FORM PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirement of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and, as Surety, are
bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount
of Four Hundred Eighty Nine Thousand, One Hundred One Dollars and no cents ($
489.101.00 ) for the payment whereof CONTRACTOR and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract for RFP No.15-02R- awarded the
day of , 20_, with OWNER for Sunset Point Park Renovations
including the purchase and installation of new playground equipment and park associated
elements which contract is by reference made a part hereof, and is hereafter referred to as
the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Fully performs the Contract between the CONTRACTOR and the OWNER dated
, 2015, for the construction of Sunset Point Park
Renovations within 150 calendar days for substantial completion, and Final
Completion within 30 days of Substantial Completion for a total of 180 calendar days
after the date of contract commencement as specified in the Notice to Proceed and
in the manner prescribed in the Contract; and
2. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay caused by or arising out of the acts, omissions or
negligence of CONTRACTOR), expenses, costs and attorney's fees and costs,
including attorney's fees incurred in appellate proceedings, that OWNER sustains
because of default by CONTRACTOR under the Contract; and
3. Upon notification by the OWNER, corrects any and all defective or faulty work or
materials, which appear within one (1) year after final acceptance of the work.
Page 2 of 4
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void, otherwise it remains in full
force.
5. 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:
5.1 Complete the Contract in accordance with its terms and conditions; or
5.2 Obtain a bid or bids for completing the Contract in accordance with its terms
and conditions, and upon determination by Surety of the best, lowest,
qualified, responsible and responsive Bidder, or, if the OWNER elects, upon
determination by the OWNER and Surety jointly of the best, lowest, qualified,
responsible and responsive 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.
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 and those persons or corporations provided for in
Section 255.05, Florida Statues, or their heirs, executors, administrators or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Surety's obligation under this Bond.
Signed and sealed this day of , 2015.
Page 2 of 4
WITNESSES
Secretary
(AFFIX SEAL)
WITNESSES
Secretary
Principal
Signature and Title
Type Name and Title signed above
Surety
M
(AFFIX SEAL) Signature and Title
Type Name and Title signed above
Page 2 of 4
IN THE PRESENCE OF:
State of
County of
INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
City/State/Zip Code
Telephone
ACKNOWLEDGMENT
FORM PERFORMANCE BOND
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida; the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
of
(Title)
(State of Corporation)
NOTARY PUBLIC, STATE OF
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 3 of 4
CERTIFICATE AS TO PRINCIPAL
I, , certify that I am the Secretary of the Corporation named
as Principal in the foregoing Performance Bond; that
who signed the Bond on behalf of the Principal, was then of said
Corporation; that I know his/her signature; and his/her signature thereto is genuine; and
that said Bond was duly signed, sealed and attested to on behalf of said Corporation by
authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
Page 3 of 4
Exhibit A
1�e I, V Ices
Candace West President
CBC 1260050
Donald West, Vice President
CGC 1520829
CPSI 15964-0613
May 20,2015
Attn: Dave Moore
City of Tamarac
6001 Knob Hill Rd.
Tamara, FL 33312
2500 NW 79t' Ave #258
Doral, Florida 33122
Phone (661) 818-4819
Fax(661) 433-0175
Ref.* Sunset Point Park Renovations Revised Scope and Proposal
Based on the meetings with the City staff we are pleased to present our final contract proposal
including all adds and deductions the City requested. Listed below is a summary of all requested to
arrive at a final contract proposal amount
Price for Alternate per RFP: Add $30,350.00
Concrete Pathway (Plus credit for less walkways to fitriess pads): Deduct $15,800.00
Revised roof for covered shefter- Deduct $3,894.00
Forever Lawn synthetic grass: Deduct $1,000.()0
Playground under drain system: Add $13,065.00
4-foot high vinyl coated chain link fence: Add $8,895.00
Shade Systems Super Span: Add $6,567.00
Ademate fitness equipment (Cardio Stepper model #192455): Add $3,398.00
Total not to exceed cost per RFP
$447,520.00
Prim for Alternate
$30,350.00
Total not to exceed cost with alternate
$477,870.00
Total Adds:
$31,925.00
Total deducts:
$20,694.00
New total not to exceed cost for project:
$489,101.00
Slncerely,
-
Cariace West President
D.W. Recreation Services Inc.