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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 �isORIDA .A,...A,...- & ODGING CON O TRUCTION iii -• � ASSOCIATION I•Y.,.•_.• � ii �naiu�eor°a6°Ani IC t NNAA P A 11 GREATER MIAMI B LNL BEACHES � , �' DOMM18CIAL REAL ESTATE ' HOTEL ASSOCIATION ra T sE ar C9VEWPMENT ASSOCIATION . enno.., 'in H<.s-Iri.at�ry IUl@/1tbe�'—�'���• SOUTH FLO RIDA HOSPITAL 8 HEALTHCARE ASSOCIATION (,I:? v: 1: <1177Uf x,, AGREEMENT BETWEEN THE CITY OF TAMARAC Pu,,,'ic"„i(rG it tG' �.Gl";'%7±'(5 i); '5100 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; (,�tJ of Tot :: tr. ..- r>'inrt 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 C:.�. ?., ,Gi")0uzc c Ina r��:r' ` o�,t<<,:t. 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 ono', f r,sroI 'S _���,.,;0,0 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 r u C. ,.roc .. _ _. s ors 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. AC7YE 2;?7Ct92 C tv of To17?a r,—,C 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