Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-071Temp. Reso. #11137 February 12, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- 7/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP #06-22R AND EXECUTE AN AGREEMENT WITH DIPOMPEO CONSTRUCTION CORPORATION FOR THE DESIGN/BUILD OF THE TAMARAC PARK RECREATION CENTER FOR AN AMOUNT NOT TO EXCEED $3,845,000; APPROVING FUNDING IN THE AMOUNT OF $3,845,000 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 Tamarac Park Recreation Center, located at 7501 N. University Drive, and adjacent to the Tamarac Multi -Purpose Center and Tamarac Elementary School is inadequate based on current programming needs; and WHEREAS, the new Tamarac Park Recreation Center will feature a two- story facility with Arts & Crafts Room, Youth/Teen Game Room, Meeting Rooms, Staff Offices, Conference Room, and other amenities more suited for departmental programming needs.; and WHEREAS, the City published Request for Proposals RFP #06-22R for the design/build of the Tamarac Park Recreation Center July 23 & 30, 2006; and WHEREAS, Request for Proposals RFP #06-22R (Steps 1 & 2) and Addendums 1, 2 and 3, are incorporated by reference and available in the Office of the City Clerk; and Temp. Reso. #11137 February 12, 2007 Page 2 WHEREAS, the City examined responses from Butters Construction, DiPompeo Construction Corporation, and Recreation Design and 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, Michelle Zimmer, Recreation Superintendent, Michael Gresek, Special Projects Coordinator, and Alan Lam, Project 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 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 at a cost not to exceed $3,845,000, (attached hereto as "Exhibit 2"); 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; and Temp. Reso. #11137 February 12, 2007 Page 3 WHEREAS, it is the recommendation of the Director of Parks and Recreation and the Purchasing and Contracts Manager that the contract for the design/build of the Tamarac Park Recreation Center 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 the Tamarac Park Recreation Center, at a cost not to exceed $3,845,000 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 the Request for Proposal for the design/build of the Tamarac Park Recreation Center at a cost not to exceed $3,845,000; SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement between DiPompeo Construction Corporation and the City of Tamarac for the design/build of the Tamarac Park Recreation Center in the amount of $3,595,000 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 Capital Improvement Accounts. Temp. Reso. #11137 February 12, 2007 Page 4 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. PASSED, ADOPTED AND APPROVED this 0�_? day of 2007. BETH FLANSBAUM-TALABISCO MAYOR ATTEST: l e RECORD OF COMMISSION VOTE: MARION SWE SON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. A REN CITY ORNEY 1 Temp. Reso. #11137 — Exhibit 1 4/25/2007 DESIGN/BUILD TAMARAC PARK RECREATION CENTER RFP 06-22R Committee Evaluation Totals STEP 2 Proposer's Name: BUTTERS I DIPOMPEO RDC BACKGROUND, EDUCATION & EXPERIENCE (15 POINTS) SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT 16 13 13 CIVIL ENGINEER II 10 12 1 DIRECTOR OF PARKS & RECREATION AVAILABILITY OF STAFF, CURRENT PROJECT WORKLOAD (10 POINTS) SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT CIVIL ENGINEER II 8 8.5 7 DIRECTOR OF PARKS & RECREATION KNOWLEDGE OF AND APPROACH OF THE PROJECT (20 POINTS) SPECIAL PROJECTS COORDINATOR 18 20 20 RECREATION SUPERINTENDENT 9 17 7- CIVIL ENGINEER II 13 18 16 DIRECTOR OF PARKS & RECREATION TEAM WORK HISTORY TOGETHER ON PROJECTS (20 POINTS) SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT 15 19 1 CIVIL ENGINEER II 14 19 16 DIRECTOR OF PARKS & RECREATION 15 18 20 PROJECT COST PROPOSAL (20 POINTS) SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT 20 18.63 1 .35 CIVIL ENGINEER II 20 18.63 13.35 DIRECTOR OF PARKS & RECREATION PROPOSED TIME LINE & COMPLETION DATE (15 POINTS) SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT 14 14 10 CIVIL ENGINEER II 12 14 10 DIRECTOR OF PARKS & RECREATION TOTAL POINTS SPECIAL PROJECTS COORDINATOR RECREATION SUPERINTENDENT 72 90,63 72.35 CIVIL ENGINEER II 77 90.13 75.35 DIRECTOR OF PARKS & RECREATION 86 90.63 86.35 FINAL RANKING SPECIAL PPOJECT9 COORDINATOR RECREATION SUPERINTENDENT 3 1 2 CIVIL ENGINEER I) 2 1 DIRECTOR OF PARKS & RECREATION RANK 2 1 3 Udrive/2006 Bids/ 06-22R/06-22R Evaluation Total Worksheet 1-12-07 rtY °f. a..marac Purchasing Contracts s Division ........... ...... AGREEMENT BETWEEN THE CITY OF TAMARAC AND DI POMPEO CONSTRUCTION CORPORATION THIS AGREEMENT is made and entered into this day of iftr A4 2007 by and between the City of Tamarac, a municipal corporation wit principal 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 33rd Court, Suite 102, Pompano Beach, FL 33069 (the "Contractor") to demolish the current structure and design and build the new Tamarac Recreation Center. 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, Contractor's Attachment "A", RFP Document No. 06-22R (Steps 1 and 2), including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, schematic site plan option "D" sheet No. 6 dated 4/30/07 and Floor Plan Sheet A1.1 dated 5/11/07 approved by the City on May 16th 2007, 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 RFP 06-22R (Steps 1 and 2) as issued by City, and the Contractor's Proposal, RFP 06-22R (Steps 1 and 2) 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 necessary to complete the contract documents. labor, materials, and equipment scope of work, as outlined in the 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. 1 Agreement City of Tamarac Purchasing & Contracts Division 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 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 aa-A 480 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 issuance of temporary Certificate of Occupancy and final completion shall mean the issuance of final payment. Agreement Cit....r f Turnare.�............................................................... ............................. ............................_Purchasing..&._Confr�cfs Division 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City 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 the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum The Contract Sum for the above work is a "not to exceed" total of Three Million Five Hundred Ninety -Five Thousand Dollars ($3,595,000.00). 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 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. ...�.... _..�.�...�.... 3 �. _� Agreement of Tamarac & Contracts Division 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. 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. of Tamarac & Contracts Division 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 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 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 from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of 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 5 Agreement of Tarnarac & Contracts Division connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss, of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 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) Nan -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, 6 Agreement of Tamarac & Contracts (division 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. 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. Agreement Cify nt Tarnarac........................................................................................................... Purchasing Contracts Division 17.2 Default by Contractor; In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming parry. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, such as delays in permitting due to outside agencies, which are beyond the Contractor's control. 8 Agreement of Tamarac P...... .............................. .... ............ ............... 0 . ...... . . ............. ...... ................. - ..... . ........ ..urchasing & Contracts Division 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 25) Contingent Fees 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 Tamarac 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: - Marin-Swenson, CMC _.City Clerk t ATTEST: v /ioC Sigt ture of Corporate ecretary John DiPompeo Sr Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARA .60-- -- Beth lansbaum-Talabisco, Mayor f5L�� `0 dL /-7 ffrey L. ill r, City Manager Date Approv a #o f rm and legal sufficiency: 7 Ci or Date Di Pompeo Construction C Company Dame _,, _,,, Signa John DiPompeo Jr., President Type/Print Name of President/Owner S//7/o Date 10 Agreemer7t City of Tamerac — --------- • Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF A Y I d C(. : SS COUNTY OF bbWV& 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 this day of 1]" 01 R fhtr , 20Dj/1. CL'&L�� -M%dc Signature of Notary blic State of Florida at Large 11 Diwn M Moody Wly Commission DD365506 -�,V t'P?iht'`T�06'or Stamp Name of Notary Public 0 Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. Agreement f. •T Temp. Reso. No. 11137 Di Pompeo Construction Corporation 44 CGC 037741 • Since 1927 General Contractors • Design Build Services • Construction Management ATTACHMENT "A" May 11, 2007 John E. Doherty, P.E. Assistant Director of Public Works/City Engineer Public Works Department. 6011 Nob Hill Rd. 2"d floor Tamarac, FL 33321-6200 Re: City of Tamarac Design/Build of the Park Recreation Center RFP # 06-22R Dear Mr. Doherty, Having met on site a few times and after many phone conversations, we have adjusted our base bid design/build proposal to include those items you and Mr. Warner requested. In addition to our original proposal we have listed below those additional items and/ or revisions to arrive at a comprehensive scope the City desires. With all items included below, we can Design and Build the entire project per the RFP and the below items for a total of $3,595,000.00. To summarize: A) Our original proposal amount was: $2,898,000.00 B) Reconfigure the existing parking lot aka utilize Option "D" in addition to $ 307,000.00 what was in original RFP -remove and replace 3 lightpoles on southside of parking lot closest to wall, note all lightpoles in our scope of work will meet code -revising/adding drainage to solve existing drainage problems to support parking lot configuration on Option ­D' -provide added Type D curbing as shown -added irrigation and landscaping( a $20,000 allowance for landscaping is included to meet City Code and DRC requirements) -provide added rock and paving for bump out area @ SE corner of new bldg. -revised parking lot signage and striping -modifications to rock and paving for new parking configuration to support a positive drainage system flowing to catch basins 2301 N. W. 33rd Court • Unit #102 • Pompano Beach, Florida 33069 Telephone: (954) 917-5252 • Fax: (954) 974-4646 City of Tamarac Design/Build Park Recreation Center RF P # 06-22R May 11, 2007 C) Added work at two fields adjacent to building $ 117,000.00 -Remove 2 existing announcer booths and replace with new booths and slabs -Remove 4 existing wood dugouts and provide 4 (10' x 22') aluminum dugouts -Provide slabs for 4 dugouts and 8 bleachers ( 4 are at back two fields) -Cut existing fence and extend 8' fence from backstop to and around new dugouts -Reconnect electric systems at 2 announcer booths including scoreboard wiring -Provide Type "D' curb along existing backstops of 2 fields adjacent to new bldg. D) Revisions to Building $ 273,000.00 -added second fluor on turn of one story concession area -added exterior windows/entry glass storefront system and credit glass block -interior room revisions -added sink and drinking fountain -credit 3 feet off of arcade room and shift south building to east Adding category A + B + C + D yields the total of $ 3,595,000.00. However, just to confirm other items discussed, the City will provide walks to back bleachers if necessary and move 4 back bleachers after we pour slabs, as well as handle all fiber optic wiring such as Comcast. If the above meets with your and Mr. Warner's approval, we will execute a contract incorporating this letter, Option "D' site plan as well as new floor plans and elevation drawings we provided to you. Should you need any other information please do not hesitate to call me any time. Thank you for your continued teamwork and we look forward to working with the City of Tamarac Parks Dept. Sincerely, Di Pompeo Constructio.9,Corporation Jr. President Cc: Carrie Pereira, Sr. Project Coordinator Jon Shambo, General Superintendent Dawn Moody, Comptroller Contract File Owner Corr. File DCC _.�_^ r'��FA RRORUC,'R j FRANK H. FURMAN, INC. FRANK H. FURMAN #A091425 P. 0. BOX 1927 POMPANO BEACH, FL 33061 NSURED DIPOMPEO CONSTRUCTION CORP 2301 N W 33 CT #102 POMPANO BEACH FL 33069 . . r i pNcE DATE (MM/DD/YY) 02/02/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A VALLEY FORGE INS N5 COMPANY B CONTINENTAL INSURANCE CO Rig COMPANY C TRANSPORTATION INS CO COMPANY D ........................... ...... .. ......... I.. ... ... ...: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE „ FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ CO POLICY EFFECTIVE POLICY EXPIRATION.TR E OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY 2082720746 2/ O 1/ 0 7 2 01 / 0 8 GENERAL AGGREGATE s2 , 000 1 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $2, 000, 000 CLAIMS MADE FX] OCCUR PERSONAL 3 ADV INJURY $1, 000, 000 OWNER'S R CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) S 100, 000 �() MED EXP (Any one person) S 5, 000 AUTOMOBILE I� 1(�/� 20827 0763 6 .012/01/07 2/O1/08 1, 000, OOO X ANY AUTO��ff��//��ppi��i� hh COMBINED SINGLE LIMIT S ALL OWNE4`/I( 4table 4Io1 _. SCHEDULENlTf ►� X HIRED ALIT X NON-OWNI13 71f1T0 II//I1-left BODILY INJURY $ Par Person) _.�. BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE NO logo woo, AUTO ONLY • EA ACCIDENT S ANY AUTOAUgUiRd IS OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESSLIABILITY 2082720777 2/01/07 2/01/08 EACH OCCURRENCE s2, 000 000 X UMBRELLA FORM AGGREGATE s2,0001 000 OTHER THAN UMBRELLA FORM $ i WORKERS COMPENSATION AND 2082720780 2/ 0 1/ 0 7 2/ O 1/ 0 8 X TORY LIMIT5J, TH / EMPLOYERS' LIABILITY EL EACH ACCIDENT —4 THE PROPRIETOR/ INCL EL DISEASE -POLICY LI jTl S C,15C)O , 000 PARTNERSlEXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYt`t<�y 140 S , 0 0 0 OTHER FTI J. )ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS a � CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL L4MBIaTY WHEN REQUIRED BY WRITTEN CONTRACT ONLY FOR WORK PERFORMED BY INSURED AS PER ADDITIONAL INSURED ENDORSEMENT G-140331-A(01/01) CF:1Tt ICAiE lO R ICANCELIAMON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF TAMARAC EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PURCHASING DIVISION 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, 7525 NW 8 8 TH AVE # 1 0 7 BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY TAMARAC FL 3 3 3 21- 2 4 0 4 OF UPON MPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORD:ED RE ES%NIATIVE