HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-042Temp. Reso. #12316 - Page 1
3/6/13
Rev. 1 — 4/23/13
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP #12-
17R AND EXECUTE AN AGREEMENT WITH
DIPOMPEO CONSTRUCTION CORPORATION FOR
THE DESIGN/BUILD OF TAMARAC MAINLANDS PARK
FOR AN AMOUNT NOT TO EXCEED $1,348,485; A
CONTINGENCY AMOUNT OF $134,000 WILL BE
ADDED TO THE PROJECT ACCOUNT FOR A TOTAL
PROJECT BUDGET OF $1,482,485; PROVIDING FOR
AN ADDITIONAL APPROPRIATION TO FUND THE
PROJECT BUDGET; 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; and
WHEREAS Tamarac Mainlands Park is located at 4500 Monterey Drive,
Tamarac, Florida; and
WHEREAS, the project site consists of a vacant 23 acre lot with sporadic
landscaping and two ponds, previously part of the Monterey Golf Course, located
within the Mainlands of Tamarac Sections 3 & 4 subdivisions; and
WHEREAS, two neighborhood meetings were held to get input from area
residents as to what types of amenities they would like Tamarac Mainlands Park
to have; and
1
Temp. Reso. #12316 - Page 2
3/6/13
Rev. 1 — 4/23/13
WHEREAS, the City published Request for Proposals RFP #12-17R for the
design/build of Tamarac Mainlands Park on August 5, and August 12, 2012; and
WHEREAS, Request for Proposals RFP #12-17R (Steps 1 & 2), are
incorporated by reference and available in the Office of the City Clerk; and
WHEREAS, the City initially received 11 responses, which were short-listed
to three firms including DiPompeo Construction Corporation, Kaufman Lynn
Construction, and MBR Construction; and
WHEREAS, the above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee consisting of
Gregory Warner, Director of Parks and Recreation, Linda Probert, Assistant
Director of Parks and Recreation, Jennifer Bramley, Director of Community
Development, John Doherty, Assistant Director of Public Services, Dave Moore,
Public Services Project Manager, and Keith Glatz, Purchasing and Contracts
Manager; and
and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1";
WHEREAS, the RFP Selection and Evaluation Committee determined that
the proposal response submitted by DiPompeo Construction Corporation,
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 DiPompeo
Construction Corporation for their services based on their proposal at a cost not to
exceed $1,348,485, (attached hereto as "Exhibit 2"); and
Temp. Reso. #12316 - Page 3
3/6/13
Rev. 1 — 4/23/13
WHEREAS, a contingency allowance in the amount of $134,000 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 6-147(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, An appropriation in the amount of $212,705 to provide
sufficient funding for this contract, including contingency will be included in a
budget amendment prior to November 30, 2013 pursuant to F.S. 166.241(2)
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 design/build of Tamarac Mainlands Park be awarded to
DiPompeo Construction Corporation; 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 design/build of Tamarac Mainlands Park, at a cost not
to exceed $1,348,485 to DiPompeo Construction Corporation, and a contingency
in the amount of $134,000, for a total budget of $1,482,485.
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
Temp. Reso. #12316 - Page 4
3/6/13
Rev. 1 — 4/23/13
herein and made a specific part of this Resolution.
SECTION 2: The City Commission hereby awards RFP No. 12-17R to and
approves an Agreement between the City of Tamarac and DiPompeo
Construction Corporation for the design/build of Tamarac Mainlands Park ("the
Agreement") and the appropriate City Officials are hereby authorized to execute
the Agreement in the amount of $1,348,485 and authorize a contingency
allowance of $134,000 subject to 6-147(j) of the City Code..
SECTION 3: An expenditure of $1,348,485, and a contingency in the
amount of $134,000 for a total project budget of $1,482,485 is hereby approved.
SECTION 4: An additional appropriation in an amount not to exceed
$212,705 is hereby approved and will be included in a budget amendment prior to
November 30, 2013 pursuant to F.S. 166.241(2).
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.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
�l
Temp. Reso. #12316 - Page 5
3/6/13
Rev. 1 - 4/23/13
PASSED, ADOPTED AND APPROVED this ffludayof b , 2013.
ET TALABISCO
MAYOR
ATTEST:
PATRICIA TEUF , CMC
INTERIM CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHNE L U
DIST 2: COMM. ATKINS-G D
DIST 3: COMM. GLASSER�
DIST 4: V/M. DRESSLER�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
Xa A4, t9 ,
SAMUE S. GOREN `
CITY ATTORNEY
Design/Build Mainlands Park
SELECTION COMMITTEE
Di Pompeo Construction
Kaufmann Lynn Construction
MBR Construction
BACKGROUND EDUCATION & EXPERIENCE Max 15points)
Director, Parks & Recreation
14
14
14
Assistant Director, Parks & Recreation
12
13
14
Director, Community Development
12
10
14
Assistant Director, Public Services
14
10
14
Project Manager, Public Services
15
15
15
Purchasing Manager, Finance
BACKGROUND,TOTAL
15
13
12
WORKLOAD & AVAILABILITY
(Max 15 points)
Director, Parks & Recreation
14
14
14
Assistant Director, Parks & Recreation
14
12
13
Director, Community Development
12
13
13
Assistant Director, Public Services
14
12
13
Project Manager, Public Services
15
10
15
Purchasing Manager, Finance
WORKLOAD : AVAILABILITY TOTAL
14
13
12
KNOWLEDGE & APPROACH (Max
20- points)
Director, Parks & Recreation
20
14
12
Assistant Director, Parks & Recreation
18
12
11
Director, Community Development
17
10
15
Assistant Director, Public Services
20
10
9
Project Manager, Public Services
20
5
10
Purchasing Manager, Finance
KNOWLEDGE & APPROACHTOTAL
DESIGNBUILD
18
TEAM WORK HISTORY
1 9 1 12
(Max 20 points)
Director, Parks & Recreation
19
1 17
19
Assistant Director, Parks & Recreation
16
13
18
Director, Community Development
20
14
17
Assistant Director, Public Services
19
15
17
Project Manager, Public Services
20
5
15
Purchasing Manager, Finance 18 15 15
DESIGN/BUILD TEAM WORK•'TOTAL
Certified SORE (Max 5 points)
Director, Parks & Recreation
5
5
5
Assistant Director, Parks & Recreation
5
5
5
Director, Community Development
5
5
5
Assistant Director, Public Services
5
5
5
Project Manager, Public Services
5
5
5
Purchasing Manager, Finance 5 5 5
Certified b:
Project Cost Proposal (Max 25 points)
Director, Parks & Recreation
22.26
13.31
25
Assistant Director, Parks & Recreation
22.26
13.31
25
Director, Community Development
22.26
13.31
25
Assistant Director, Public Services
22.26
13.31
25
Project Manager, Public Services
22.26
13.31
25
Purchasing Manager, Finance 22.26 13.31 25
TOTAL POINTS
Director, Parks & Recreation
94.26
77.31
89
Assistant Director, Parks & Recreation
87.26
68.31
86
Director, Community Development
88.26
65.31
89
Assistant Director, Public Services
94.26
65.31
83
Project Manager, Public Services
97.26
53.31
85
Purchasing Manager, Finance 92.26
TOTAL RANKING
68.31 81
Director, Parks & Recreation
1
3
2
Assistant Director, Parks & Recreation
1
3
2
Director, Community Development
2
3
1
Assistant Director, Public Services
1
3
2
Project Manager, Public Services
1
3
2
Purchasing Manager, Finance
1
3
2
FINAL RANKING
1
3
2
12-17R STEP 2
Temp. Reso.
#12316
Exhibt 1
D1* Pompeo
Construction Corporation
CGC #037741 • A Family Tradition Since 1927
General Contractor • Design Builder • Construction Manager
LETTER OF TRANSMITTAL
TO: CITY OF TAMARAC REF: Mainlands Park
7525 NW 88`h Ave.
Tamarac, FL 33321
ATTN: Mr. Keith Glatz DATE: 4/26/13
We are forwarding: [] Herewith [] under separate cover the following: []Shop Drawings []Prints []Samples
]Specifications []Copy of Letter []Change Order [X]Other Contract
Prints/
Copies
Identification
Prepared by
Description
2
Contracts
City of
Tamarac
Signed Agreements for Mainlands Park
Received:
Date:
The above items are being sent for the purpose checked below:
[] For Approval
[] Returned for Correction
[] Returned approved as submitted
[] Prints returned after loan to us
[] Returned Approved as noted
[] Revise and Resubmit Copies
Remarks:
[] For Bids Due _
[] Return above items by:
[] Submit _Copies for our Distribution w/
revisions made
[] For review and Comment
[X] For your use as Requested
[] Other:
Very Truly Yours,
PLEASE RETURN (1) COPY FOR OUR USE Di Pompeo Construc ion Corp.
WIJ
cc: Mainlands Park Contract File Ellen L. Anderson
www.dipompeoconstruction.com
2301 N. W. 33'd Court, Unit 9102 • Pompano Beach, Florida 33069 • Telephone: (954) 917-5252 • Fax: (954) 974-4646
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
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AND
DI POMPEO CONSTRUCTION CORPORATION
THIS AGREEMENT is made and entered into this day of 3,
2013 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 Di
Pompeo Construction Corp., a Florida corporation with principal offices located at
2301 NW 33rd Court, Suite 102, Pompano Beach, FL 33069 (the "Contractor") for
the design/build of Mainlands Park.
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, Request for Proposal (RFP)
12-17R - Step 1 and Step 2, including all conditions therein, (General Terms and
Conditions, Special Conditions and/or Special Provisions), Contractor's original
proposal, Contractor's Revised Proposal Appendix "A" dated April 15, 2013
attached, all addenda, the 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 12-17R as issued by City, and
Contractor's Proposal, 12-17R 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.
This Project primarily consists of infrastructure and irrigation improvements, installation
of a fitness trail with exercise stations, landscaping, restroom facilities, water fountains,
nature kiosk, picnic tables, fishing pier/observation platform, parking lot, as well as other
park amenities.
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
Aore ernen;
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performance of the work. Contractor shall at all times have a
competent field supervisor on the jot 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 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 completed within 365 calendar days 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 335 calendar
days from issuance of the City's Notice to Proceed, subject to any
permitted extensions of time under the Contract Documents. Final
2 Agr eernent
9
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Completion shall be within 30 calendar days from the date of substantial
completion, subject to any permitted extensions of time under the Contrac
Documents. For the purposes of this Agreement, substantial completion,
shall mean the project is sufficiently complete in accordance with the
Contract Documents so that the project can be occupied or used for its
intended use and void of any safety concerns. For the purposes of this
Agreement, final 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 Contractor 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.
5) Contract Sum
The Contract Sum for the above work is One Million Three Hundred Forty Eight
Thousand Four Hundred Eight Five Dollars and no cents "$1,348,485.00).
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.
_....._.__........ . .................... _....._._............
3 Agr eernent
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor c!oes 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 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.
................ ........... ..................... ............... .......... .................. ._ ...... _._... ............. ...... _........... ........... ......._.._..
Agreement
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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.
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
... ..__._....._..._..._....... _................. ........... _... ...................... ...
5 Agreement
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reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contact 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) Liquidated Damages
Upon failure of the Contractor to complete the project within the specifiet time frame
(plus approved extensions, if any) the Contractor shall pay to the City the sum of Two
Hundred and Fifty Dollars and No Cents ($250.00) for each calendar day after the time
specified for final completion and readiness for final payment. This amount is not a
penalty but liquated damages to City. Liquidated damages are hereby fixed and agreed
upon between the parties, recognizing the impossibility of precisely ascertaining the
amount of damages that will be sustained by the City as a consequence of such delay,
and both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of the Contractor to complete the
Contract on time. City shall have the right to deduct from and retain out moneys which
may be due or which may become due and payable to Contractor. The amount of such
liquidated damages and if the amount retained by City is insufficient to pay in full such
liquidated damages, Contractor shall pay in full such liquidated damages. Contractor
shall also be responsible for reimbursing City the total of all monies paid by the City to
the engineer for additional engineering, inspection and administrative services until the
work is complete.
11) Waiver of Liens
Prior to final payment of the 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" or 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 from all claims of Liability by Contractor in connection with the
agreement.
12) 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 bid.
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13) Indemnification
Putc, s,r:a o^d co trocts 14osiun
13.1 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.
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 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.
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,
7 Agletrrreni
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
Di Pompeo Construction Corp.
2301 NW 33d Court Suite 102
Pompano Beach, FL 33069
(954) 917-5252
18) Termination
18.1 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
AgfE'tfI'iPtli
ia!y of l,-W,i Ulf:,- r :"ht
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.
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 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.
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
9 Agrcc! ,;cot li
fat, of Tolva.,.,,,
prevention or de!ay 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.
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.
25) 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.
Remainder of Page Intentionally Blank
10 4gieement
City of Teti"'-flo-
t;,.
IN WITNESS WHEREOF. the parties have made and executed this Agreement
on the respective states 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.
ATT T.
'Patricia A. Teufel, CIVIC
Interim City Clerk
C TY O TAMARAC
Beth Talabisco, ayor
ii
eAK&f
hael C. Cernech, City ZManager
S: I
Date
LApprov d s to form and legal sufficiency:
Date = �`S�`ED :O _
• �S�P�g63 ' O cc= a7
City rn y
�, !yq ••.......•••'�,, �� Date
ATTEST:
Signaturef Corporate Se etary
John Di Pompeo Sr.
Type/Print Name of Corporate Secy
Di Pompeo Construction Corp.
John Di Pompeo Jr.
Type/Print Name of President
April 26, 2013
(CORPORATE SEAL) Date
1 t A iteeineot
City, : rc7lra ue� _�.— - — --- — - -- i)osang ono C rtrncts Diersirn
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
Florida
Broward
SS
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,
John Di Pompeo Jr., President, Di Pompeo Construction Corp., 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.
26th
WITNESS my hand and official seal this. day of April , 2013.
l
NajgPublicSt8%OfFlorWa Signature of Notary Public
�awnMM00dy State of Florida at Large
' My CmnMissim EE 843211
Expires Iot24/2016 Niwa
Print, Type or St mp
Name of Notary Public
12
9' Personally known to me or
❑ Produced Identification
A [ A.
Type of I.D. Produced
❑ DID take an oath, or
0 DID NOT take an oath.
Agreement
April 15, 2013
AP'PENC:)IX q
Di Pompeo
Construction Corporation
CGC #037741 • A Family Tradition Since 1927
General Contractor - Design Builder - Construction Manager
Page 7 of 3
City of Tamarac
6011 Nob Hill Road
Tamarac, FL 33321
ATTN; John Doherty
Ref: Mainlands Park Revised Scope and Proposal
Based upon recent meetings with City staff and yourself, we are pleased to present our final contract
proposal including all adds and deductions the City requested. Listed below is a summary of all City
requests to arrive at a final contract proposal amount.
1. Reduce new Bahia sod areas to only inside of concrete paths, repairs as along path outside
edges, along embankments or disturbed re -graded areas and at site amenities - credit -
<$65,000. > (Parking lot area & restroom area will be Floratam / St. Augustine sod)
2. Change irrigation system to 15 lip single pump station, time clock. controlled, two wire
system, single main line from pump station to fi•ont west section thus irrigating parking area
& restroom building area only and delete all other irrigation lines. In addition, we will
install a "T"' going to firture playground area as marked by west end of west lake & install
two (2) 8" sleeves across canal crossing for City's future use (approx. 120 L/F each sleeve) -
credit - <$51,000>
3. Fitness Trail - layout revised to 7 exercise stations located along pathway by Playworld i.e.
Lifetrail Advance Wellness Systern AKA "LAWS". The pieces from
PLAYWORLD/LAWS are the 1R- SM, 1R-ADA-SM (concrete slab included), 2R — SM,
2R — ADA — SM (concrete slab included), 3R — SM, 4R — SM and 5R — SM. In addition, we
will provide 5 Pieces by GAMETIME in ground mounted on a concrete slab cluster section.
The pieces area Rowing machine (#13163), Seated Chest Press (2 person station # 13164),
Seated Leg Press (2 person station # 13165), Total Body Row (#1 3166) and Cardio Walker
tit,wty. diponrpeoconsb-ttclion.conz
2301 N.W 33'd Court, Unit #102 • Ponrprmo Bench, Florida 33069 • Telephone: (954) 917-52.51 • Fax; (954) 974-4646
-w ► ; -ro jj�
CREW O�' �t+51'Allt1:1NT
I1,..,,,..,...,..,........ &�,DUING
NAIOP
.. {. �'•;�.�;+.. _•� [E4 Vr11C.11 .(.l [11•Il h♦
HQTELASSO<-IATION �.•,• '�''T� •irnuwe.a.aww.'.ax � � � �e�n ..:
.. .. Member -. v.a.vrw.n• soon ro'ei6 �_
City of Tamarac
Mainlands Park Design Build
Page 2 of 3
(#13167). The Gametime pieces replace the "ENERGI" Fitness station pieces by Playworld.
— credit - <$37,400.>
4. Add potable hose bibs to each drinking fountain as a part of the drinking fountain assembly
for $175. Ea x 6 = Add $1,050.
5. Revise front entry to provide complete line of sight — no cost change
6. Confirm "future Playground area" to be around 5.0 elevation — no cost change and area will
be raised to be at 5.0 or higher
7. Removal of exotics (all nuisance trees) inside park area & entry and not along property
lines, requires selective removals from -around-oth-er-trees--= no cost change, DCC—'
absorbed
8. Provide Entry Gates / Pipe rail type lockable— Galvanized & painted yellow — 2 sets — 4 leafs
(one set for each driveway) - Add - $5,550, (Traffic yellow enamel painting at no charge,
it is not powder coated.)
9. Delete server room, 2 framed walls & sheetrock, interior door & frame, wall mount AC unit,
light switch - credit - <$1,150.>
10. Add cabinet in restroom storage area as selected by city — model RM545AL by Black Box
Network services — ADD - $735. (includes shipping, tax & installation)
11. Restroom Lavatory Faucets shall be metering / self closing vandal resistant type. No
Charge
12. Restrooin toilets & Urinal shall have concealed flush valves with push button or lever
actuated — No Charge
13. Urinal shall be a Low Consumption wall mounted type with Concealed flush valve — No
Charge, DCC absorbed
14. Change wall hydrant to hose bib with vacuum breaker in a recessed metal box with door for
increased pressure — no cost change
15. Change 3 exterior doors to hollow metal frames and doors HVHZ rated (hardware remains
same) — credit - < $1,500.>
16. Delete Metal truss system and change to wood trusses — credit - < $2,400.>
17. Install two concrete poles (12' — 15' out of ground) and conduits with pull strings to mount
cameras on flanking restroom building approx. 20 ft. fi•oin building (City to provide wiring
& cameras) — Acid - $2,600
DCC>
City of Tamarac
Mainlands Park Design Build
Page 3 of 3
Base Contract Proposal price $1,497,000.00
Adds & Credits as per items 1-17 listed above $148,515.00
REVISED CONTRACT TOTAL $1,348,485.00
Option 1
If the city wishes to purchase and install and assemble the 6 Dual pedestal shaded benches
BELSON AKA PARIS manufacturing model #DPSB-6SM-CS, 6 Dual Pedestal shaded picnic
tables BELSON model #D.PS-6PS, 2 ADA square pedestal Picnic tables with Sun shelter
BELSON model # 4PS-APS l'3- mounted sc+ate each a , nib en
-- - -- - -- -
issue a credit of <$37,500. > on top of the revised contract total above. Units are to be adjacent
to the concrete walkway where the 4" slabs will utilize the walk as one side of the form,
orientation of the units as directed by DCC, location along the pathway is by the City,
placement of the 4" slabs following City's installation is by DCC and shall allow for proper
access and meet ADA. The City must advise DCC within 30 calendar days after DCC receives
the City permit to start site work if this credit option is to be given back to the City. If after the
30 days have passed, DCC will order the equipment and the credit option is no longer available
to the City, If the City does purchase these items & installs them, this work shall not adversely
impact DCC's schedule and must include any restoration work that impacts DCC's completed
work. The Slab sizes are I 0'x1 2'x4"thick for all 8 picnic shaded shelters and 6'Wx4"thick for
the 6 shaded benches.
Option 2
If the City wishes to purchase and install the 14 (fourteen) perforated steel trash receptacles with
dome top lids and pedestal surface mount stand (as per submittal from BELSON), DCC will
issue a credit of < $9,000.> on top of the revised contract numbers above, DCC must be
advised in the same time fi•ames as the benches and picnic tables or DCC will order them and
the option will no longer be available to the City,
Sincerely,
DI PQr.-pEO..CONStRUCTION CORPORATION
,-jJohw f Pompeo Jr.
` President
JDiJs/F,A
CC; Mainlands Contract rile
III CC
10271 Deer Run Farms Road, Suite 'I !,urt Myers, FL 33966
^ ]nhn0Pompeu
DiPompemConstruction Corp
2301NVV33'^Court, Unit 10Z
Pompano Beach, Florida 3205B
5U8U: Trash Receptacles
City of Tamarac - Mainland Park
' \
Please allow this letter to serve as our proposal for supplying the below listed site furnishings.
Site Furnishings
Description' Unit Price Unit Total
14 34Gal Trash Containers -Perforated T83 $355.00 $4,970.00 f
14 Domed Lids for Container R32DC $80.00 $1,120.00 !
14 Pedestal assembly $57.00 $ 798.00!
1 Freight $1/440.00 $ 1/440.00
!
/
/
Total Project Cost $8,332.00
'
The above numbers include all materials, sales tax, and freight cost |
Good Luck,
K.Stoney Bates/
PlavmureRecreational Products and Services
Paris Equipment Manufacturing
mom P.0.8OX 490, Princeton. ON, Canada NJ 1 VO
Phone- (800) 387-6318 FAx: (519) 458-8067
Web. www.fieml com
EQUIPMENT MANUFACTURING LTD.
Stoney Bates
PLAYMORE RECREATIONAL. PRODUCTS AND
10271 DEER RUN FARMS ROAD
SUITE # 1
FORT MYERS FL 33912
USA
RE: Equipment Quotation # 20130420
02-Apr-13
d Cf10W y l// AW
A AA�" 7AVe
Dear Stoney, I--- `"
Thank you for considering PEML for your Street Furniture and Park Amenity needs. Please find your quotation bFlow:
Option; 1
M.O. CYIj1tIon _ I-f3if Rrise=' 0is nursted-=t i l trrntloiLl3isrotirif
.a el �t1 Price Total
D6SM-CS
PICNIC TABLE W SHADE CANOPY $3,530.00 $2,118.00 6 $12.708.00
46"ADA SQUARE TABLE SHELTER COMBO $3,760.00 $2,368.80 2 $4,737.60
BENCH 6'MOROCCAN PERF W/SHADE $3,130.00 $1,878.00 6 $11,268.00
CANOPY
FREIGHT Freight to 33069 $1,968,00 $1,968.00 1 $1,96B4O0
Total Dealor Cost (USD): $30,681.60
REVISED APRIL 10TH - VOLUME DISCOUNT PROVIDED TO SECURE ORDER 'L
Supplied and Delivored Pricing
- Pricing includes shipping charge only
- The off-load of the etc utpment is the responsibly of the customer. Orders are delivered skidded in a 53' long transport trailer.
- Additional charges will apply for any of the following freight related services: liftgate service, boom/crane and residential
delivery. Please specify if these services are required prior to ordering
Manufacturing Lead Time: 4-6 weeks
NOTE: Kindly note that colours must be determined at the time of ordering.
Terms
Pricing valid for 30 days
The above pricing is based on the combination of all listed items purchased at one time
- Terms are net 30 days from the invoice date based on prior credit approval
Thank you again for your interest in Paris Eaulpment Manufacturinrt Ltd, and please feel free to contact me at
619-442-2244 ext. 224 should you require any additional information.
For inquirios, ploase reference quotation # 20130420
Sincerely,
Andrew Crawley
National Sales Manager
Parts Eaulemment Manufac(urina Ltd.
Pnge 1 of I