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