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City of Tamarac Resolution R-2007-011
E Temp. Reso. #11126 January 12, 2007 Page 1 Rev. 1 — 1 /30/07 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #07-713 AND EXECUTE AN AGREEMENT WITH DIPOMPEO CONSTRUCTION CORPORATION FOR THE SOUTHGATE LINEAR PARK PROJECT FOR AN AMOUNT NOT TO EXCEED $2,916,150; APPROVING FUNDING IN THE AMOUNT OF $2,916,150 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING 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, the City of Tamarac has received several grants for the development of the Southgate Linear Park; and WHEREAS, the Southgate Linear Park project encompasses the parcel from Nob Hill Road west to the Sawgrass Expressway, between Southgate Boulevard and the C-14 canal, and features restroom facilities, parking, multi- purpose path, picnic shelters, playground, fishing pier, landscaping, sitting areas and covered picnic tables; and WHEREAS, the City published Invitation to Bid #07-07B for the Southgate Linear Park Project on November 12 and November 19, 2006; and WHEREAS, Bid #07-07B, including all addendums, is incorporated by reference and on file in the office of the City Clerk; and Temp. Reso. #11126 January 12, 2007 Page 2 Rev. 1 — 1 /30/07 WHEREAS, the City examined responses from DiPompeo Construction Corporation and Miami Skyline Construction as follows: DiPompeo Construction Corporation $2,666,150, plus a contingency of $250,000, for a grand total of $2,916,150 FTiTI Miami Skyline Construction $3,451,921; and WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1"; WHEREAS, DiPompeo Construction Corporation was deemed the most responsive and responsible bidder, a copy of said Bid is attached hereto as "Exhibit 2"; and WHEREAS, the City of Tamarac has drafted a contract with Di Pompeo Construction Corporation for their services at the bid price of $2,666,150 (attached hereto as "Exhibit 3" ); and WHEREAS, a contingency allowance in the amount of $250,000 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 not to exceed $30,000 per Section 6-156 (b) 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. WHEREAS, it is the recommendation of the Director of Parks and Recreation and the Purchasing and Contracts Manager that Bid #07-07B and the contract for the construction of Southgate linear Park be awarded to DiPompeo Construction Corporation; and Temp. Reso. #11126 January 12, 2007 Page 3 Rev. 1 — 1 /30/07 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 Bid #07-7B and the contract for the construction of Southgate Linear Park, at a cost not to exceed $2,916,150, to DiPompeo Construction Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: DiPompeo Construction Corporation is awarded Bid #07-07B for the construction of Southgate Linear Park at a cost not to exceed $2,916,150. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement between DiPompeo Construction Corporation and the City of Tamarac in the bid amount of $2,666,150 for the construction of Southgate Linear Park and authorize a contingency allowance of $250,000 to be effected by change order as needed under Section 6-156 (b) of the City Code. SECTION 4: That funding will be available in the appropriate Grant and Capital Improvement Accounts. 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. Temp. Reso. #11126 January 12, 2007 Page 4 Rev. 1 — 1 /30/07 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this l41�day of/, , 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY ; r ■ �\ =G 1l M .: • MAYOR - RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRA DIST 3: COMM. SULTANOF 4,4X_ DIST 4: COMM. DRESSLER 1 1 1 Temp. Reso. # 1 1 126 — Exhibit 1 Southgate Blvd Linear Park Project Bid Tab Di Pompeo Construction $2,666,150.00 Miami Skyline Construction $3,451,921.00 *BID TABS ARE UNOFFICIAL AND SUBJECT TO COMMISSION APPROVAL Temp. Reso. #11126 Exhibit 2 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING DIVISION TO: JOHN DOHERTY, P.E., DATE: 12 JANUARY 2007 ASSISTANT DIRECTOR PUBLIC WORKS DEPARTMENT FROM: JIM NICOTRA ° ! 1 RE: BID NO. 07-08B, SOUTHGATE SENIOR PROCUREMENTVLINEAR PARK PROJECT SPECIALIST Recommendation: To Award to the low Bidder, Di Pompeo Construction Corporation, for Bid No. 07-07B, for the Southgate Linear Park Project for the Public Works Department. Y After careful review of the submittals, the Public Works Department concurs to award to: Di Pompeo Construction Corporation, in the bid amount of $2,666,150.00. After careful review of the submittals the Public Works Department does not concur to the low bidder. Specific and Detailed Reason(s) for rejection Authorized Signer: _ �,�� ,�,. • ; r Signature: �•,,.�uF� ;� . � �` Date: e w. i 7 c,-v Return To: Jim Nicotra after signature Attachments i d y of i yrr'r tac_ COMPANY NAME: (Please Print): Phone: (954) 917-5252 ORIGI �' Perch rn,��nl� ,nntrac. (?!wsmr, DT POMT)DO (;ONS'iRUC`1'TON CORPORATTON Fax: (954) 974-4646 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. XO Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. j Properly fill out the Bid Forms and the Schedule of Bid Prices, 3. X] Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. X Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. LX�] Fill out the Bidder's Qualification Statement, 0_ Fill out the References page. 7. [XX] Sign the Vendor Drug Free Workplace Form. 8 XX J Fill out the List of Subcontractors. 9. Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. 'Fill out and sign the Certified Resolution. 11. I —XI Include proof of insurance. 12. [g] Include copy of State Certified or County Competency License(s) 13. Trench Safety Form, if applicable. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 4 "3 SUBMIT BID TO: CI `f OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NON 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR Blip Bidder Acknowledgement BID NO.: 07-076 BID TITLE: SOUTHGATE LINEAR PARK PROJECT BID OPENING DATE/TIME: DECEMBER 13, 2006 AT 3:00 PM LOCAL TIME BUYER NAME: JIM NICOTRA, CPRB, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3570 BUYER EMAIL: jirnn(ptamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NOVEMBER 29, 2006 @ 10:00 AM ROOM 105 BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bid Pkg Cost: $90.00 GENERAL CONDITIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by Indicating such change in the Instructions to Bidders, or in the Specifications/Statement of Work. Any and all Special Conditions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS This form should be submitted with all Enid Forrns in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: DiPorn eo Con truct_J on Cor or at'Jon COMPANY ADDRESS: 2.301 N.W. 3 3rd Ct.. , Pompano Beach, FL 33069 COMPANY PHONE: (9.54) 917-5252 NAME OF AUTHORIZED AGENT: John Di Porripeo, Jr. TITLE OF AUTHORIZED AGENT: Pres.-ident. AUTHORIZED AGENT EMAIL ADDRESS: MVACCARO @DIP(71f1PFOCONSTRtJCTION. COM BIDDER TAXPAYER 1D OR SOCIAL SECURITY NUMBER: 650420294 I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud I agree to abide by all conditions of this 6;d and certify that I am authorized to sign this Bid as an agent for the Bidder. I c �; Pu,-Ch��sirlg r? r'nrtrarl� Oiviir,;r, -- Cfrv_.. ---.. BID SCHEDULE ADDENDUM NO. G ADDENDUM NO, 6 a E•MED BID PAGE SCH-2 REVISED BID PAGE SC HF 2 Lidder agrees that any unit price listed is to be rnulttplied by tl•,e estimated quantify requirements listed below in order to arrive at the total price For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items, In the evert of latent rnultiplicahon or addition errors, the Bidder recognizes that these are: clerical errors and may be corrected by the Owner. ki]DENDUN I1t0, G, R_ ViSED 4'.2GI-•SCH-7-- ITC+:M NO. DESCRIPTION I 90rid.5 and Insurance 2 Mobilization and Dernvbihzalion 3 MalntenajiceOfTraffic: 4 Cicartrih, Cnubbirig, and Denloliriuit 5 Turbidity and Erosion ConrTol 6 L7ramrrrg 5hucttrre Modiflca':ion 7 4" Thick Concrete Sidewalk and Pads g 6"'luck C.:onc-rere Sidewalk Excavat;on 1p Ernbapkn�ent 1 ( Imgsuort 5yste.m 12 Lazidscapurg Complete 13 Bcnch 14 Bike Loop 15 Picnic Tables io Group Shelters 17 Picnic Shellcrs 19 Grills ly Trash Receptacles 20 Safety Surface 21 Cascade No- 1 Boulde-r 77 (:ascade No.3 Boulder 2.3 Sicr, a Boulder 24 Fish Park Pet 25 Gecko Park Pct 26 Frog Park Pet 27 -Turt)e Park Pct 2S Pre -Fabricated Restroorn 29 Park Sign 30 )..lectncal Service 31 Package Lift Station :3; Decurarive Block Retaining Wall and Ornamental F cncutf; EST- Q"I•Y. 5 6,550 ;3n 1,200 6,00n l 1 i4 6 9 3 16 3 ci 5050 2 2 2 2 2 2 2 ti N I'I• Ls LS L5 I.S LS LA SY s Y CY CY LS LS EA 11A EA F. A Ti A Ia A FA SF P A. EA LA EA hA EA EA EA EA LS I." S Ls UNIT PRICE �17 S o o 60 — J 00 $ FV _ZZ S - 0_0 0.. -- S z z 0 vnc _S 3 -7. s3_0 IR !2 U' $— 150 =- —— o —� � 1) 0 — $ 3 0 00 b.S TOTAL PRICE /�. c? S 470C%.� $ 2—Y r —� $ / q0 ,! C7C70 0 0 0 - 1-5-D 0 (20� 000 $ 7- 0- 0 85 000 ITEM DESCRIPTION NO. 33 (_-,Tound�ig System installation )4 35 Concrete Class I (Miscellaneous) 36 Pouible Water Service 37 Sa ar-v Sewer Service GRAND TOTAL-: $ EST. UNIT UNIT PRICE T OTA 1, Q'ry. PRICE I LS $ 50 r) 0 .5- 0 00 - �o�)0(2 10 CY s 2 LS S j 0 () — $ L/ 2 LS $ 00 $ �zz Lc NAME OF BIDDER: e-0 SC.:H-3 Bid F-WM 5 Sc,r rlu of Bid Pr)(,es � �jr^hesing and .rnb,�ct C?rc'�!3mn BID FORM (continued) FZHQRV,4X1Y� -J SOUTHGATE LINEAR PARK PROJECT Submitted by: Di.Pomy)eo Consirliri inn (nrnn* �tiC)nDate L�r>> � inn �_ THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 881' Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for, ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work- b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation, Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid', Bidder has not solicited or induced any person, firm or corporation to refrain from bidding, and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SI:aI d (3id hnml's Sckhedule. of Ble< Prlcos. Cit V Pi.rc rr�-au" �,d nn,ar s 0m3oo _..- E31D FORM (continued) ByD NO, 07-07B SOUTHGATE LINEAR PARK PROJECT The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Aur �d. SrgnaturA . Joh Di Pornpeo, .Jr.. yp d/Printed Name (954) 917- 5252 Telephone (954) 974-4646 �,.�. Di Pompeo Construction. Corporation Company Name Fax--....__._.....__.--- JDTPO� IPEO@T)IPOMPLOCONSTRUC7'ION . COM Email address for above signer (if any) 2301 N.W. 33rd Ct.. YAddress�- -__..- ----- Pomp�3no Beach, FL 33069 City, State, ZIP 650426294 Federal Tax ID Number CCC037741 Contractor's License Number 80 Form tQ S cherfu/ of Bid Prices C'�t y of (arrrc3r��r. ,� Purrha�ir;q end C:onfrnr:is Drv,srnn BID FORM (continued) BID NO. 07-07B SOUTHGATE LINEAR PARK PROJECT Bidder's Name: Pit O MDeo C0I1St1-UCti3On COfDoration TERMS: % (percent discount, if any, if payment made within Ol/ wiL/�_DAYS; otherwise, terms are NET 30 days. Delivery/completion: 310 calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. N/A ; CH- 6 Hrd I rr7n � schedule nt f?id r''r;re:; U City of rnmDrac � i'urrh���nc7.� C:onNn�. C)rviSiorr NON -COLLUSIVE AFFIDAVIT State of F t o.r`i,da �) )SS- Ccunty of Droward ) John Da-Pompeo Jr. and says that: being first duly sworn, deposes He/she is the President (Owner, Partner, Officer, Representative or Agent) of DiPomp(-o Construct.i.on Corp. , the Offeror that has submitted the attached Proposal-, 5. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal-, 6. Such Proposal is genuine and is not a collusive or sham Proposal; 7. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted, or to refrain from bidding in connection with such Work, or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work, 8. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance; or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of-_7�-, �f� �r By 64 OF J0 DT POMPEO JR. Witness P nted Name IVR SIDENT Title d2 F �7 o1 a?m7 Cc,w ar is l ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Broward On this the i day of 20 0, before me, the undersigned Notary Public of the State of Flonda, personally appeared John Di f'ompeo Jr. and (Name(s) of individual(s) who appeared before notary) whose -name(s is are Subscribed to within the instrument, ant she/they acknowledge thak6?she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF; LORIDA NOTARY PUBLIC SEAL OF OF•F ICE- (Name of Notary Public: Print, Stamp, or Type as Commissioned) ,A'Personally known to me, or ❑ Produced identification. (Type of Identification Produced) ❑ DID take an oath, or �4 DID NOT take an oath M City pf I vm�r F arch ;inr:] a nntr t ; f.`ryi•;l�i; �� f• l CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below, - INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION 0 OTHER ❑ If "Other', _E7xplai Auth d-Si'__ iature J rpediPn_ri�e_d m Naer (954) 91.7-5252 Telephone (954) 974-4646 Fax .Ii)1POM-P O@DIPOMPEO(:(1NSTRUCTION . C01`9 Email address for above signer (if any) Di Pompeo Construction Corporation Company Name 2301 N.W. 33rd Ct. Address Pompano Beach, , FL 33069 City, State, - 1 P 650426294 Federal Tax ID Number CGCO37741 Contractor's License Number Crry of C, ni e:h, D vcsron SIDDEWS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of CompanyT__P()NE_0_C()NSTRUCTI�N Address 2301 NW 33rd Court - %.ini t #102 City State Zip Pompano Beach, FL 33069 Telephone 954/917--5252 Fax Number 954/974-4646 1. How many years has your organization been in business under its present name? 13 Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: N/A 3. Under what former name(s) has your business operated? Joseph Di Pompeo & Sons List former address(es) of that business (if any). East_ Orange, New Jersey 4. Are you Certified? Yes No If Yes, attach copy of Certification 5. Are you Licensed? Yes No [_] If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No X❑ If Yes, explain 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer [� of the commodities/services bid upon? Genera]. Contractor 8. Have you ever received a contract or a purchase order from the City of Tarnarac or other governmental entity? Yes Ex] No U If yes, explain (date, service/project, bid title etc ) Tamarac Public Service Comp.t,ex Addition Tamarac. Sports Complex Expansion 9. Have you ever received a complaint on a contract or bid awarded to you by any govemmental entity? Yes ❑ No L If yes, explain: 10. Have you ever been debarred or suspended from doing business with any govemmental entity? Yes ❑ No 7 If yes, explain �;ity cf Te�rne�rnc (_ Pr.�rchc�srny and Gvrtrects (.->ivrsinn REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years. - Your Company Name Di Pompeo Construction Corporation Address _ ? 03 1 NW 33rd_ C our t. Unit 102 __.__.... City State Zip powpaFio Phone/Pax — __917-52?? (rr honEms)- �4,1974- 4640 (.fax) ------ Agency/Firm Name Address City State Zip Phone/Fax Contact Name Agency/Firrn Name Address City State Zip Phone/Fax Contact Name Agency/Firm Name'. Address City State Zip Phone/Fax Contact Name Agency/Firm Name - Address City State Zip Phone/Fax Contact Name Agency/Firm Name, - Address City State Zip Phone/Fax Contact Name City of Plantation 401 NW 70th Terrace Flantation-_FL 33317 u 9 )4 / 79Z2256. (nhnnP) .1a4./1.92-27l6]�Ua.x_) Danny__L_z7.-dcjine Ci_t.y of Poiripario Beach 1201 NF 5t.h Avenue Aven ............................. . Portipano Beach, FL 33069 Clayton Ygu.ng_�...._•..._ MPA Architects 1.801 Centrepark Drive Fast W. .F'alrn Beach FL 33401 561/683 7.0QQ. (phone) 61./4_78--3922 ( fax) Mark Beatty City of C•Oral Springs 1300 C.;or al _Springs DI:'ive„ __Crar_.L.S.prin,gs__ FT, 3'in71_ __. `�1.345-21Q7 (oli1)._- 954/730-2039_Uax) .___ Marcus Austin ArchjLOCA-Ure, Inc. 9.601 Gladiolus Drive #205 Ft. -Myers, FL 3:3908.. 239/.4.7E�-88138 >horie)_ ._._..239 2�74--8F�3q�f,x.�....._.... t t o n c _ P Ta , i ty of 7 �r��n� I;'arch � m a :fnc, C't-nlr rats Drvrsion VENDOR DRUG -FREE 1VJRKRLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287,087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall - Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistancA programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form c�Fp4e7 fully,)pth th> above requirements. Authar/ze�f Y-1-0indfure �- Di Pompeo Construct ion Corporation Company Name 47 Oily of Tnrnernr: Purchasing anr/Ccnfr&cf:, Drvi;rnn i LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Subcontractor Contract License No, Name/Address SITE U71LITIFS I CGC057337 Budget Construction. -- -- - Mi.arn�_.__.._T,r. MECHANICAL ROOFI NG ELECTRICAL 1'LUKBINC 1 3 ALI, OT'IIFR WORK NOT LISTED 93 CACO24380 Air Install. CCC058301 Laurnaz- Roofing --- - ---... — at�rc-alen_ �I, ,— FC0000249 Ampco R-tect.ric MY) 57 511 Plumbing Mart- CGC037741 Di Pornpeo Construction Co', 73301 _ , VT - "1.102 Pompano Beach , I1 33069 City M Tam��rn,. CERTIFIED RESOLUTION P'jichesrnjaf?dC:c�ntmc.t:> vi:inrr I, John T)i Porn:reo Sr. (Name), the duly elected Secretary of ))i Pompeo Construction Coru.(Corporate Title), a corporation organized and existing under the laws of the State of ]Florida , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in, accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT .John I)i Pompeo Jr. (Name)", the duly elected President (Title of Officer) of T) i Pornpeo Cons ruct- i on C:or: p. (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation-, and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac, shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified, further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE John Di. Pompeo .Jr. PresWerit. John T)i Vic_c, President/ SeC_c`et_�,ir y-7"rc.asure Given under my hand and the Seal of the said corporation this > day of January _ 2007. (SEAL) By:UZAI � Secretary' Vice President/Secretary—Ti easurc,r Corporate Titie NOTE.: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 49 C r"v of 3 nr',frr�,f C'rn r,inn S: TRENCH SAFETY FORK! Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Sid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TL;ENCH SAFETY MEASURE UNITS OF UNIT UNiT_COST I EXTENDED (Description) MEASURE (Qty) COST (LF/SF) 1-0 All, _TOTAL. -- - — - --- ----- If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the. Florida Department of Transportation's Special Provisions Article 125-1 and Subariicle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION) - Failure to complete the above may result in the bid being declared_�?on.�Tspor� ve. DATE: 1/5/07 (Signs ACKNOWLEDGE ` NT STATE 01": F.1orida COUNTY OF: t3roward PERSONALLY APPEARED BEFORE ME, the undersigned authority, John lli Pompeo ,1r. who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this day of! 200 �. NOTARY PUP IC My Commission Expires: _^ -- - - -- - - - - - - ---- �c� C I �"V of 1-6r7-6r6C- F'u i,h 7;inC N :nr lrer.l; Di - Sicr, STATE OF FLORiDA) )SS1- COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, DiPO1rdPEO CONSTRUCTION CORPORATION as Principal, and d3ARTFORD CASUALTY TNSURANCF COMPANY as Surety. are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: **Five Percent of Amount Bid******** Dollars lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successor's jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated January 5 , 2007 for, Sout.hRate Linear Park Proiect Bid No, 07---07B NOON, THEREFORE, (a) if said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said E31d, then this obligation shall be void, otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated, The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall he in no way impaired or affected by any extension of time within which said CITY may accept such Bid, and said Surety does hereby waive notice of any extension. 51 C,'Ty of rarna,���c Signed and sealed this IN PRESENCE OF.- ,r (AFFIX SEAL) ATTEST: ACKNOWLEDGEMENT 5th,day of January 2007 C z MPEO CONSTRUCTIOldeCORPORATION Principal See attached Power of Attorney §eCf_0 ry ATTEST: _ fee .a t t ached Power of Attorney SeCretary 'Impress Corporate Seal 2301 N,1M 33rd Court Business Address Pompano Beach. FL 33069 City/State/Zip 954-917-5252 Business Phone BARTFORD CASUALTY INSURANCE: COMPANY Surety" N/A N/A Title Attomey-In-Fact* Michael A. _ilol:m.es, Attorney -Tyr -Tact and By Florida Resident AgentT Direct inquirieslClaims ti, E OF HE BOND, T 0 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3438 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aqencv Code: 21-220140 r^, I Hartford Eire Insurance Company, a corporation duly organized under the. laws of the Suite of Connecticut I ^ I Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of lndiana I ^ I Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly Organized under the laws of the State ofIndiana Hartford Insurance Company of Illinois, a coq)oration duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida hiving their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Thomas Riley, Michael A. Holmes, Gerald J. Arch, James F. Murphy, Susan Bohm, G.W. Fitch, Michael A. Bonet, Shawn A. Burton of Fort Lauderdale, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 4. ��► �� ",.ca..�r.rr.' : i= 14 A T �' �ycM�Wrb � t � 3.y 19-7 ID 4^x, ,�79T4 rJ t4� `mac �' _... ''++44 r' • •^.....i 4�`• r��� .. ?y\\\� _. i �\"7�� M.� iyrA.• 1��6 A a��1,1 ICE..-,'n�?m�A• Paul A. Betgenholtz, Assistant Secretary STATE OF CONNECTICl1T ss. Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say. that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument, that she knows the seals of the said corporations. that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. \ i l Nutavy Yubhc CERTIFICATE My Commission Fxpires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of January 5, 2007. Signed and sealed at the City of Hartford. �� ..ca..�•,r� �: F �q a! r ��'� W T s « f�e..ey`to i v e $ ,.w4�:n ynr .+ S 198"/� iri of • t Ilk *' t'- ., • �qt0� i •.;l9va 1D79° I91'Q Yves Cantin, Assistant Vice President City of Tcmcrac ''C.or71r7 tied to FXcnllcnce...Alyvoys" Purchasing and Contracts Division ADDENDUM NO. 1 BID NO, 07-07B SOUTHGATE LINEAR PARK PROJECT DATE OF ADDENDUM: DECEMBER 8, 2006 TO ALL BIDDERS: J he following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 07-078, Southyate Linear Park Project, NOTE: Bid Opening date has been changed from December 13, 2006 to January 5, 2007_ Proposals mint be stamped on or before January 5t", 2007, 3:00 PM in the Purchasing Office, Room 108, City of Tarnarac, 7525 NW 88t' Ave, Tamarac, FL 33321, All other terms, conditions and specifications remain unchanged for Bid No. 07-0713, Pleaso acknowledge receipt of this Addendum No, 1, by returning it and/or acknowledging it in your submittal. NAME OF COMPANY: 1)1 POM'EO CONSTRUCTION CORPORATION 7525 NV' 68tri Avf�' ue w Tomarac, Honda:., 321 24Q1 E i9J4) 724-2450 0 Fax (954) IJ4-7408 ■ vi,�v.tarnaruc.org Cgvol npporluniry rmpinyer 2J•i0E7 15:.n1 FA5 ';11 1 7`4 240Y l:1'I�' ;r1TU4a,4(; 1'1-'Rt:;:AS?iJC; %1C?1`2 City 01 1C-'jroarac L i Po--`-- °� a Q r� I'(--ornn-lii)eri 10 E (-cAence... Alwoys'' Pufchosing and Contracts Division BID NO. 07-07B SOUTHGATE LINEAR PARK PROJECT DATE OF ADDENDUM: December 21, 2006 TO ALL BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Did No. 07 07B, Southgate Linear Park Project. Responses to Request for Information (RFI) dated December 20, 2006), Question 1: Are there masonry specifications? Answer: The only "rnasonry" construction is file decorative block retaining wall described on sheets C-25 and C-26. Question 2: Sheet C-7 shows ramps in the Southgate Blvd, R-O-W. Should these be constructed by others or are they part of the sidewalk in the bid? Answer: These ramps are curb ramps to be constructed as port of this project to march the existing grade of the parking areas. Page 2 — Addendum #4 Question 3: Sheets C-11 through C-15 shows elevations for the sidewalk but none for the clearing and grading. Are we to knock down the berm along Southgate Blvd. and clear a level field? Answer: Sheet C-22 indicates that the berm is to be excavated/removed and graded accordingly. Question 4: Will the successful contractor be responsible to plug one side of the "tee" at the 2" force main connection shown on C-1 G? Answer: The existing force main to be tied into is 2" SCHHO PVC,- you may connect utilizing any approved/permitted engineering m0hod. 752S NYv BAth Avenue B lomarac. Florida 33371-2401 W (9.51) 547-3570 m Fox (954) 597-3565 c)(q Fcwgl OpportUrdiy CnIli IC)YRF 21 fJri lr :i'Z 1A;1 (ar„1 1 21U5 CI7i—l-0Ailt4(: T1G City 0( 78m,ar?3(- Page 2 — Addendum tt2 (�U'rr�ha�utg L Contr`,ir�5 1 �ivisinn Question 5: Will the successful cor�tracior be expected to pressure test the lines before the City makes any connections? Answer: The force main will require a prossure test per Broward County standards - The water service may be tested at the discretion of the City's Englneerirny Inspector. Question 6- Will the successful contractor be able to shut down portions of Southgate Blvd. when crossing over to tie in the sanitary sewer to the existing manhole from the, lift station? Answer: slooves are currently in plane under Southgate; Blvd. for the sanitary :sewer force mains. Question 7: Is there any wire to be used in the sidewalks? Answer: No - Question 8: Will the existing high voltage lilies interfere; with installing any of the new light poles? Answer: Plans do not indicate any proposed fight poles. Please remember that proposals must be starnped on or before JANUARY 5 2007 3:00 PM in the Purchasing Office, Doom in, City of Tamarac, 7525 NW 88Ave, Tamarac, FL 33321. All other terrns, conditions and specifications remain unchanged for Uld No- 07 07H. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your submittal. NAME OF COMPANY: DI POMHO CONSTRUCTION CORPORATION `62 F"'X :15_;72..d_ w 1r)8 t ITI-?'A';(A.Rik C-IDI 7RCIIA4ANG IZ0j )Z City of Tama. rac "Col-nmilted to Fxcetlence...Alwoys" Purchasing and Contract's Division SOUTHGATE LINEAR PARK PROJECT DATE OF ADDENDUM: December 21, 2005 TO ALL BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 07-07B, Southgate Linear Park Project. In response to multiple inquiries regarding the lack of clarity for restroom detail on sheet [IS 09 of the drawings, please find a clarification drawing that more specifically details our requirements. Please utilize the attached drawings A,1.1 and A.2.1 as clarification. Please note, that the use of a manufacturer narne, product, model number or other reference is purely provided as a means to enumerate a required level of quality, and shall not be construed as a requirement to use products provided by this manufacturer. The City shall allow for City approved equivalent products to be considered and utilized for this application. Please rernerrlber that proposals roust be stamped on or before JANUARY 5 2007 3:00 PM in the Purchasing Office, Roorn 108, City of Tamarac, 7525 NW 88 ' Ave, Tamarac, FL 33321. All other terms, conditions and specifications remain unchanged for Bid No. 07-0713. 3 Please acknowledge receipt of this Addendum No, � by returning it and/or acknowledging it in your submittal. NAME OF COMPANY: DI POMPEO CONS 1"RW ION COR130RATION 7525 NW 88th Avenue ■ Tamarac, I'Vicin 33321 2,101 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ wv w.tarnarac,orc� Fqu01 OppnrlunllV Ef"PlOyel City of Tar narac "Cor,,r7nitted to Exce!lence... Always" Purchasing and Contracts Division ADDENDUM NO. 4 BID NO. 07-0713 SOUTHGATE LINEAR PARK PROJECT DATE OF ADDENDUM: December 26, 2006 TO ALL BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 07-07B, Southgate Linear Park Project- 1 . Please replace plan pages E-1 through E-7 of the Electrical plans, and page C- 19 of the Civil plans. These changes have been necessitated due to requests from Broward County, and FPL. 2. Please note on previously issued Addendum #3, dated December 22, 2006, that the reference in the last paragraph should now read "Please acknowledge receipt of this Addendum No.2 3, by retuming it and/or acknowledging it in your submittal." Please remember that proposals must be stamped on or before JANUARY 5 2007 3:00 PIN in the Purchasing Office, Room 108, City of Tamarac, 7525 NW 88 Ave, Tamarac, FL 33321, All other terms, conditions and specifications remain unchanged for Bid No. 07-07B. Please acknowledge receipt of this Addendum No. 4, by returning it and/or acknowledging it in your submittal. NAME OF COMPANY- DI POMPEO CONSTRUCTION CORPORATION Attachments 752.`; NW 88th-I Avenue, m lamarac, Floridc] 33321-2401 In (i54) 597-3570 ar Fox (9.54) 597-3.565 roa www,tan,)Cir(Dc.org FcIL101 OppoiIuniIy Finriloyer a f31, O.1%o _5) 45 FAX 9S4 i24 2408 (.11.'%- - y IN III S9 �i ,l aV T` City at Torma�ac e " ornmiHed tc Excelic-e... Alwcjys Purchasing and C()niiacis Divislon ADDENDUM NO. 5 BID NO. 07-07B SOUTHGATE LINEAR PARK PROJECT DATIw OF ADDENDUM: JANUARY 4, 2007 TO ALL BIDDERS: ���(lilli 70.1 The following clarifications, changes, additions o id/ort deletions me Pa hereby made part of the Contract Documents for Bid No, 07-07B, Southgate NOTE: The Did Opening date has been cf�a i9d Add from du until n No. 6, will be issued shortly for January 11, 2007 at 3:00 NM. It is expec clarification purposes. PIVI Proposais must be stamped on or before Thursday, 7525uary NW 88t°i, Ave, 7Tam prac, I -L the Purchasing Office, Room 108, City of 1 i 33321. All other terms, conditions and specifications remain unchanged for Bid No. 07-07B. Please acknowledge receipt of this Addendum, by returning it and/or acknowledging it in your submittal. DI POMPEO CONSTRUCTION CORPORATTON NAME 01= COMPANY, 7i2.5 1,lW BSth Hondo 33321-2401 0 (9_,Q) 72A-745U E FOX (`+'-`A) 724-240n rg 01-05/07 1.2:I i';.'; 9"4 724 24OR AN �p R'11 purchasing and Contracts aiyislon TO ALL. BIDDERS: C:YTV- ; AA;ARAC 1-T1?'A1AS71NG .. City of Tamarcc "Cornmitted io Excellence...Always" ADDENDUM NO, 0 BID NO. 07-07B SOUTHGATE LINEAR PARK PROJECT DATE OF ADDENDUM: JANUARY 5, 2007 I400.I- 00.3 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 07-078, Southgate Linear Park Project. (question: Sheet LS-06 indicates a double line bordering the sidewalk and planted areas off the sidewalk. Is tl-1is intended to be curbing`? Answer: Ti-re double line is not a curb. It is simply a dand lonio f0tli line seen the idewalk sidew,3Iks and the planted areas and is used throughout9 s ystern. Question: 1 urbidity barriers only required around fishing pier? Answer: Turbidity barriers are required for all work immediately adjacent to the canal or in the canal. if there is a potential for sediment will be int rr du fed it portion not b esworlced n site elevations or lay of land, turbidity Question: there is no erosion control pin in the drawings. What is the location and amount of silt fence barrier fencing required? tes d 11 Answer. Erosion Centro! Plan is not i li ro ionrcohe plans. Per ntrol plan for a ccept9nce, anrd approval Sheet C-2, Contractor is to prepare an by owner and engineer prior to commencement of any construction ndcti itsthe owner Contractor shall prepare and submit a NPDFS p Pp provide and engineer copy of application. In preparing tie Erosion Control Plan, the Contractor shall comply with the requirements of Note 11 on Slreet C-2. For bidding purposes, Contractor shall review the plans and base their bid price on what they believe is necessary for the E-rosion and Sediment Control, including per -miffing. lc,74 NW 88th AVF-'nUe ■ T(imcrac, Nwid❑ 3-33?1-2401 0 (954) 597-,1570 ■ FQ), (354) 597-3G6.5 0 ww� .T 7rnC]rc7C.OrC) i;'_ 22 F'AX J5 S 72 ! 2 ;;1'1 C 1'I'7 TA' A',', e,i_ !°ilN..i'ii.S.` T';'G �I; pp2, 001 Cify_n(T ac page 2 (Addendum No. 6) i r urr-li8`i"�J ConUAC'5 d. Question: In order to price the eartt;work and underground d otllitinedproperly, soil borings would normally be provided to bidders- s have Answer: There are no specific soil borings for this prole Bivl Str, etstile cape rty impr F ernert soil boring reports for the rccentiy completed Southgacent to tile Project and the Stormwater Pump StationProject, are hichare lc by tregu�stloth aCorrt ct the Southgate Linear Park Project. These reports Purchasing Division 954-597-3570. Question: Relative to accuracy of Bits 1�mbank rent Line Item in the Bid Schedule, currently estimated at 4,000 CY. Answer: Embankment Line /tern 10, SCH-2, of the Did Schedule shall be increased from 4,000 CY to 6,000 CY- Note: A revised bid sheet, SCH-2 is attached. Page lease r-eplace current bid sheet SCH-2 with the attached `Addendum No.6, Revised SCH.2". In any event, the City shall use the quantity of 6,000 CY, Line Item 10 Ernbanknrent, to determine the 70tal Price from any Bidder's submittal- QUestion: Can topsoil and stripping material be utilized as hackfili in non structural areas? Answer: Topsoil and stripping rnaterial may be used as backfill in non-structur 1 areas. Proposals must be stamped can or before Thursday, January 11rh, 2007, 3:00 PM in the Purchasing office, Room 108, City of 'hamarac, 7�)25 NW 88`r' Ave, Tamarac, FL 33321. All other terms, conditions and specitications reriain unchanged for Chid No- 01.0713. please acknowledge receipt of this Addendurn, by returning it and/or acknowledging it in your subrnittal. DJ. POMPLO ('ONSTRUCT�lLCO2 )ELA RI'-w---� ----- NAME OF COMPANY: - o t, i) 'o 1 2. 22 1 A,� `:)5.1 ,till a'If)8 C'ify of rarrt3rvc-_-._-- 61jD SCHEDULE PurC.ha�;�t7 8 C�utPra[f5 (7ivrSlUn 4 o");),,uo3 ADDF-NDUM 6N0, S ADDENDUM NO. 6 REVISED BID PAGE SCW-2 REVISED BID PAGE SCH-2 Bidder agrees that any unit price listed is to be molUplied by the estimatr d quantity requirements listed below in order to arrive at the total price. mish all labor, material, tools and equipment necessary to properly perform the For each item, Bidder agrees to fu work described herein and on project drawings. It is the intent of tha City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition erturs, the Bidder recognizes that the,e are clerical errwrs and may be corrected by the Owner. AI 2Et`I;p" NO 6 REVISED PAGE SCU-7 ITEM EST. TOTAL DESCt -PTION QTi, UNIT i 1tiiT Pi�IC.F. PRICE I Dond_s and Insurance 1 LS $ _ .... 2 Mobilization and Deniobih:zLtion 1 1.S $ 3 Mainienatce OfTrafftc -.. 4 Clearing, Crmbhing, and Den,0116011 1 LS 5 Turbidity and Erosion Conn-nl I L S.-$-- 6 rimming Structure Modiiicatiurt 5 - — $ 7 4" Thick Concrete Sidewalk and Pads 6,55p SY _....... -- 5 (i" Thick Concrete Sid -walk 230 9 Excavation 1,200 Cti' ] p Embankment ["Y 11 )n;ga6on System1 LS L5 12 I..atydscaping Complete I LS _$r- 13 13cnch 34 FA $ _... $ q Ilikc.l_oop { 1. A ) 5 Picnic Tablcs 9 EA $ __......� 16 Group Shelters 3 FA —$ - l7 picnic Shelicis 1 E> ) A --- — -- I E Gnlls 2 L'n..— 19 Trash Kcceptacles 36 FA $-----.� 7.0 S:af-ery Surir�ce 5050 S l= $ $ 21 Ca,cede No. 1 boulder $ 2.2 Cascade No.3 Boulder 1 FA g - 7.3 Slcrra Boulder 1 EA $ $ 24 Itish Park Pet 2 En $ g Z5 Gecko Pork Pct 2 BA x ----..—__� - 26 Crop., Park Pet 2 1_.A g 1.'7 l•uRlr. Park Pct. z I, A —$ 25 Pre- FabricutedRcsuoom 2 FA $ _ 7.9 Turk Sign 30 Electrical Set-vIec -____-- 31 Package Lift Station 2 LS 32 occoraLive Block Retaining `:dell and OTTt8n1C11tal Fet>.cing 1 l-S $ `....... _.. is 12-14-2006 11 10A64 rRV- T-452 P 001 /001 F-137 r: e ;,,-cut,, ,ri i ir$A,r I lir .1-34w..'rall-w a I 1I'm �aLinJA1'4L,m r, i" "- .1. I iiOCiUCEeTTHIS CERTIFICATE IS ISSUED AS al MATT f�-!]F INF63F➢P1A'T613d rl:u 11IK H _ FTJRVdkN INC . ONLY AND CONFERS NO RIGHTS UPON THE CFRT➢F-�CAT- HOLDER, 'PHIS CERT1 7CATE DOES NOT AMEND, EXTEND &0R FRANK, H _ FTJr(-NL T 4f A0 914 2 5 ALTER •THF COVERAGE AFFORDED BY THE POLICIES BELOW. � P. O . BOX 1927 COMPANIES AFFDING COVE➢�AGE POMPANO BEACH, f L 33061 coMrANr —.OR __._... _ --•-� - ---- NATIONAL FTRE INS OF HARTFORD -- .__ _.._...... _'.--- lNdLl±-4�n " 1] I POMPEO CONSTRUCTION FOR p COMPANY B VALLEY POI OE INS 2301 N W 33 CT #202 COMPANYl C T.P-A.NSPO,RTATION INS) CO ._ POMPANO BEACH FL 23069 COMPANY D THIS 18 TO CERTIFY THAT THE POLJCIE3 OF INSURANCE LISTED F3ELOW HAVE BEEN ISSUED TO THE INSURED NAMED A60VE r-•OFi THE POLCY FERI(JD INDICATED, NOTWITHSTANDING ANY 11EQUIRFMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER-ITFICAT'L MAY 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IIFRFIN IS SUFAJFCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I.TR - - BATE (MMI70/YY) PATE ({AM/DO/YY)-__._.._...__..._ Co ,.. .`.iTpE OF INSURANCE POLICY NUMBQR POLCY EFFIEI, CTiVPOLICY E-"IRA T LIMITS GEVIERAL. UA04UTY }t; COMMERCIAL GENERAL I. IAE711-11"Y 2082720746 2/ 01 / 0 6 2/ 01 / 0 7 GENERAL AGGREGATE s 2, 0001 000 PRODUCTS - COMP/OP AG(a 12 0 0 0 0 Q 0 CLAIMS MADE U OCCUR IOWNELI'6 4 CONTRACTOR'S PRO r PCASONAL A ADV IN..IURY $1 Q 0 0 0 Q C) .- F�ACH OCCVRPFNCF_ ,.._.........w _. $ 100, 000 FIRE DAMAGF (Ah oc" fir") 8 s , 0 00 P".) AuraMar�rLE uAelurY 2082720763 2 Ol/ OG 2, 01 07 —_ 1, 000,000 X-Z I ANY AUTO COMBINED SINGLE LIMIT 9 ALL OWNE;V AUTOS SCHEDULCa AUTOD HIRED AUfOti NON-OWNLL) AU(OS BODILY INJURY (Per Person) $ S j BODILY InUL1RY (Pvr nccidenq S 6----� -- ......._.......................--------.....__....... PROPERTY DWAGE AUTO ONLY • Ell ACCIDENT GARAGE L,lARWITY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S f AGGREGATE EXCESS UAOILM 2082720'7'7'7 2/01/06 2/01/O'7 LAC" OCCURRENCE s2 000 000 X UMBnELLA FOnM AGGREGATE - -$2_, O,0 O-1 0 0 0,.. OTHER THAN UME3RCU A FORM $ W ORKEi19 COMPENSATION AND FMPLOYEAS' U"ILTTY 2 0 8 2 7 2 0 7 8 0 2 0 0 Ei _ _ 2 / n..i. / -- % �r_ j xJ JUHX 41Mf 5I. - . - .. I Ilia- Ll- EACH ACCIDENT y l Q O_, 000 g 500Q 00 THE PROPRIFTO R/ .X INCL PAfrTNERSiE]fECUnVE OTT9CERS ARE: Fxcl EL,,,,gISEASEFO41(,Y LfM1T TEl_ DISFASE-FA FMPL.OYEF 6 100, 000 OT'HFJI - — ----_......_....._.. OF&Cnl"ON OF OPERATION9r1.00AT10►E9rvFtlICL.E3ISPECLLL ITEMS - - PROJECT: SOU'PIGA7117 TANF:AR PARK #07-07D. CITY OF `T'AMARIiC IS INCLUDED AS AN ADDITIONAL INSURED .AS RESPECTS TO GENERAL LIABILITY FOR PRODUCTS AND COMPL- ETED OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT PER FORM G-140331-A ED01/01 7]f.ICA7E.FIp1AEfi'<: :.: CANCELLATION: 511OVLD ANY OF TT1E AROVP nPSCnAI-n POLLCIE-9 DE CANCEU..EC 9fro 1F. THr- C.I.,TY OF TAS4A.RAC EXPIRATION DATE TH"1110F, THE LSSUINQ COMPANY WILL ENDEAVOR TO MAIL 10 _. DAYS WRITTEN NOIICE TO TILF, CERTIFICATE HOLAEn NAMED TO THE LEFT, 7525 N , W _ 8 8 TH AVE. 13 E Tom NOnCF S►TAL..L IMPOSE NO O©UCAIION OR LIABILITY TAt47 TZ.c''.0 FL 3 3 3 21 or ANY mD Pan I COMFAMf I1S [GENTS 1 nF AUTTIUR - Ills ENrA ACLORD 2�4 PAISy CM:A00 Ca3fil*wwrjoN 'im .. sV O r-t 4 rh lV" C7 1p O a C� w 0 O H H r� A4o as OH H [n � wu ® 04 H as 0 a, >1 U. E- Ut E0 tD C. ® N UJ U) H O Ix U] H d-3 CD W C off z r cad t7 UN E-c Z U U W U UOWO� ca H `� N H Ul 0 q4 � ma s a FYI v , U) W •ri 02 .. A ri v Q 0H o.d c� Ln 0O 4 a o ra, rl v,wH4)O CD p We're N 0rd54$4 w PZW rn C) W[4r�ri P4 C4 OOCDW HON HE-4 UU� FHA zzou Ooa04 uuMw rn av w°w UO 00Hz14I4O HHHO MANL4 �W 0 x H m no w 0 L'J d } co r+> r-I O \D. O O 4 a tY w 0 z O i H a w� i rx 0 av a t� ul �. OH lr o W nz En P4 aH ® 04 H H Oa a w Ha LL 2 0 cn C!] H ZzPGH N Ell �Ei A4 wW co PU U are �r-aH C7 W � [� O4 uW] w fu cd o p., >, cv o °rn CD U N aHM W Z 0 z ODU1.4 0 H OWwrA�O u a E-c H O rn W cry 44 NH H (AC7'Zw OH rx co Ha 93OWZ H KC 0 4 u H E-c ►yi 0 -ri H EO a a �-� U s A o ai Ei o O vl 5 J-) H U H z C\j 0 p '� H Q W a A U Omw aao c� Q o zo xa a1 H a o E-4 H W.0•riCn cr, as o va 0 5 W i' N :D (d a o � W c� ��C7 CQ 10 � E0 tq > hCO7 ai gvb•wxz aar CAI a id G X Ew 0. H M O H- Z x W- u A N a .. ti 0 C] N C: 'Q w e z UJ Lu F� a J UJ 3 D o C) CI_ 4 M c ca o0 CD U 4 d N E e 2 LL U O w U w c 0 c 1-- o p o m O fA � US a Q rz a Ig v � a IIL N (� V GC a 2 � h °> ILO I� U U 7 j W i dp n a: a T L Q 1� r •mac C 7 i f N U L 4 N U U ~ m W wi OQ a Z x , w 'o y 4) c •Y FY j m r �, . a r P - n w w n1 J (Y) W a ¢ U z c_n v) LtJ LJ ... p cn a s W j ¢ LU LL J O U) vi a 2 U7 ¢ ¢ (Da _ z 0 CC w c) C) F < w w n � � m� w F J o Q J N W LO u) 0 =J wU w s 11 ,... z T f LU cc LLJ w w , z - - u) a_ - I Y U a x w L w w C cj J ® w ®� L a_ i G •Y n L1J rr �z ' w z w LtJ aCr K coc n, lz c Oa r m U LLI J M y O'pM Lu U c 7 W > YL m. W ~ J M. 7 j a O u, w Z 7 D Dvaa O>J U Na � �0 LL 0a` m ui r Division of Corporations Page 1 of' 2 Document Number P93000054441 `;(:ate. Fl_ Last) vent AMENDMENT FEI Number 650426294 Status AC TIVF Event Date Filed 09/ 17/1993 R.e,Ostered Myent Name. & Address DIPOMPF:O, JOHN JR _ 2301 NW 33RD COURT 102 POMPANO) HF.ACII, IT 33009 -� Address Changed' 04/25/2003 Officer/Director Detail Date Filed 08/04/ 1993 Effective Date. NONF. Event Effective Date NONE Name & Address C itle DIPC)MPI:;O, JOHN JR 2301 NW 33RD('0IJRT 102 f.) POMPANO) BF:Al:II IT 33069 I)ttl-)://ccicorp.dos.statc.fl.LIS/scripts/cor(let.exc'?a I=DETFIL&n 1=1193000054441 &n2-=N.AMF WD&n3=::00... 1 /1.2/2007 ,.,.. I I I <_ ,.,. 11..,, W lk,]l, rage 2 (A 2. DIPOMI'I O JOIN SR 7301 NW IWO(.'OURI'tI(Q POMPANO BEACH R. 3MO LA1) A 7 r% Previous Filing �� Return to List Next Filing View Events No Name .l listory Information ........................ ........................... . ................... .................. ...................... ................ Document Images Listed below are the images available for this tiling. 02/09/2006 -__ . ANN I UP./UNIFORM BUS REP 02/24/2005.. -..ANN RUP/UNIFORM BUS REP .............. 03/25/2004 -- ANN..Rf,P/LTNIF(.)R_M BUS R.FP 04/25/2003 -- ANN R1 P/LJN11 O.RM BUS REP 02/01/2.002 -- ANN REPAWFORM BUS REP 02/07/2001.-- ANN REP/UNIFORM BUS REP ................. 01/25/2000 --. ANN REP/iJNIFORM BUS REP .......... 04/01/1999 -- ANNUAL REPOR'r 04/23/1998 - ANNUAL REPORT 03/07/1997 - ANNUAL RETORT 04J6/1996 - 1996 ANNI1AI, REPORT 1tt:la://cCl:col1i.(IOS.state. tl. us/sci7pts!cordet.exe?a 1=Di-TFI I.&n 1:-P93000054441 &n2= NAM FWD&n3 -- 00... 1 /12/2007 r M ` City of 1'amarac Purchasing & .Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC MA ra7 DI POMPEO CONSTRUCTION CORPORATION THIS AGREEMENT is made and entered into this 1I bay of Lb rVC!-W , 2007 by and between the City of Tamarac, a municipal corporation with poi cipal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Di Pompeo Construction Corporation, a Florida corporation with principal offices located at 2301 NW 33`d Court, Suite 102, Pompano Beach, FL 33069 (the "Contractor") to construct the Southgate Linear Park project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid No. 07-07B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid 07-07B as issued by the City, and the Contractor's Proposal, Bid No. 07-07B as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior Agrevrnent City of I amarac ........... .................. Purchasing & Contracts Division 3) Insurance 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. 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within 310 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work shall be completed (final completion) within 30 calendar days from issuance of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean final approval of all Building Department and Engineering Permits and final completion shall mean City staff approval 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 2 Agreement e City ct Tamarac Purchasing & CordI I-racls Division hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum The Contract Sum for the above work is Two Million Six Hundred Sixty -Six Thousand, On Hundred and Fifty Dollars and no cents ($2,666,150.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until 50% of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to 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 :.3 Agreerneot 1P City of Tarnan,.3ce 11 1 Purchasing. & Contracts Division 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 City, and executed by City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 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. 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 the City and the Contractor for any item requiring a change in the contract, and a change order .4 Ac�rc;;rnr�r7t of Fana<at ac Purchasing & Cantr,:acts Division has not been issued, the 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 the 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 the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) Liquidated Damages All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in meeting these time limits are difficult or impossible to ascertain. Therefore, the parties hereby agree that in the event that the Contractor fails to meet the time limits, as may be extended by the City in accordance with the terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed against Contractor in the amount of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) for each calendar day beyond the time imposed until such work is completed. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted to City by Contractor as well as, a Final Consent of Surety on behalf of any and all other suppliers and subcontractors who noticed to owner the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City form all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of City approval of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 12) Indemnification 12.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting 5 Aareerr efd City of Tamarac Pvtchiasincg Contracts Division tN . ... ...... . .. ... . from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,. further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating 6 Agreement 0 l f City of Tarnaiac ' ........ g .... r ct5 Division h ... ......... ........ f dIrC17r.3SinC Coat..` ................. 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. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager 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 DiPompeo Construction Corp. 2301 NW 33rd Court, Suite 102 Pompano Beach, FL 33069 954-917-5252 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the 7 Agreement y _ F'rrrchza rru .& ......... ..on City of Tarn arac ) Contracts rws�.. City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or ................ ._-._......... ........... .... -------__. 8 Agreement 01 • � b City 1.of �narac .. PurchaMrnq � Contracts Division . ......... ....... .1. remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 25) Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. Remainder of Page Intentionally Blank ................... . 9 Agreement City of Tarriarc ......... ..... �......... .... ...ir�rr Purchasing & Contracts Division. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk D to AUIC615 .j ignature f orporate Se �etary John DiPompeo Sr. Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC 'k4 �70"'aze��� Beth Flansbaum-Talabisco, Mayor Date (- /"� wz-f-' 'I cu) TtA� J rey L. ffillet,City Manager Approved as to f m and legal sufficiency: i City A torney j-2� f b-) Date Di Pompeo Construction Cor oration John DiPompeo Jr., President Type/Print Name of President/Owner __ (� 7 Date ----............. . 10 _Aart?("meot X,y' Cityof Tarnarac Purchasin1....... --.- ........... ... . ............. ............. . ....... ........ ............................. ... . ......... ...................... ...... ..' . . ........... . e ....... ... . . ... .... . ................... . ....... ... ....................... ................g & Contracts Division X00091VI[61�V191TAq=IDICT41iTl4►ii STATE OF .) (- A" COUNTY C �i_ :SS COUNTY OF ,?�"�}«�C��cc 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 DiPompeo Jr., of Di Pompeo Construction Corporation, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thisS^ day of u Q w , , 2061 )m Signature of Notary Pub is State of Florida at Large Dawn M Moody 1 � 0Y 2fg tamp Name of Notary Public ® Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. Agieerouof