HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-135Temp. Reso. #11002
June 27, 2006
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-_L_1_1��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP NO.06-
03R, ENTITLED "DESIGN/BUILD OF THE TAMARAC PUBLIC
SERVICES COMPLEX ADDITION" TO DI POMPEO
CONSTRUCTION CORPORATION; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT FOR SAID PURPOSE IN AN AMOUNT NOT
TO EXCEED $5,395,575.00; AUTHORIZING BUDGET
TRANSFERS RELATED TO THIS PROJECT AS NEEDED;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac intends to provide staff,
residents and visitors a higher level of service through an addition to the Public Services
Complex; and
WHEREAS, the City publicly advertised RFP No. 06-03R entitled "Design/Build of
the Tamarac Public Services Complex Addition" in the Sun Sentinel (a copy of said RFP is
attached hereto as "Exhibit 1 "); and
WHEREAS, proposals were received from three (3) firms: Di Pompeo Construction
Corporation, MBR Construction, Inc., and Southern Construction Group, LLC; and
WHEREAS, the above three (3) proposals were reviewed and evaluated by a
Selection and Evaluation Committee consisting of the Director of Utilities, Director of
Building and Code Compliance, Assistant Director of Utilities, Assistant Director of Public
Temp. Reso. #11002
June 27, 2006
Page 2 of 4
Works/City Engineer, and Management Intern, and each of the three (3) firms made
presentations on April 25, 2006; and
WHEREAS, based upon the proposals and presentations, Di Pompeo Construction
Corporation was determined to be the most responsive, responsible proposer, as
evidenced in the Committee Evaluation Totals (a copy of which is attached hereto as
"Exhibit 2"); and
WHEREAS, funding will be available for this purpose through short-term bank note
financing; and
WHEREAS, the Director of Utilities and the Purchasing and Contracts Manager
recommend that RFP No. 06-03R entitled "Design/Build of the Tamarac Public Services
Complex Addition" be awarded to and an agreement be executed with Di Pompeo
Construction Corporation in an amount not to exceed $5,395,575; 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 authorize the award
of RFP No. 06-03R entitled "Design/Build of the Tamarac Public Services Complex
Addition" to Di Pompeo Construction Corporation and to execute an Agreement for said
purpose in an amount not to exceed $5,395,575.00.
Temp. Reso. #11002
June 27, 2006
Page 3 of 4
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: RFP No. 06-03R entitled "Design/Build of the Tamarac,Public
Services Complex Addition" is hereby awarded to Di Pompeo Construction Corporation.
SECTION 3: The appropriate City Officials are hereby authorized to execute
an Agreement (a copy of which is attached hereto as "Exhibit 3") which consists of the
Agreement and the proposal from Di Pompeo Construction Corporation ("Attachment A") in
an amount not to exceed $5,395,575.00 for said purpose.
SECTION 4: Budget amendments for proper accounting purposes related to
this RFP award and agreement execution are hereby authorized.
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.
1
Temp. Reso. #11002
June 27, 2006
Page 4 of 4
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of J V , 2006.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
r';ip.
AUDEL S. G(
CITY ATTOR
LTA • V01-
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO,
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
1
1
"EXHIBIT V
TR #11002
REQUEST FORPROPOSALS
DESIGN/BUILD OF THE TAMARAC
PUBLIC SERVICES COMPLEX
ADDITION
Issued on behalf of
the Utilities Department
City of Tamarac
Purchasing Division
7525 NW 88 h Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
Purchasing and
Contracts Division
DATE: January 22, 2006
City of Tamarac
"Committed to Excellence... Always"
Design/Build No. 06-0311
REQUEST FOR PROPOSALS FOR DESIGN / BUILD
OF THE TAMARAC PUBLIC SERVICES COMPLEX ADDITION
ALL INTERESTED PARTIES:
The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed
Request for Qualification Proposals (RFP), Step One, together with the Qualifications
Statement and Proposal Forms included herein and any other information regarding the
experience, expertise, or proficiency of the Proposer, at the office of the Senior
Procurement Specialist, City Hall, 7525 NW 88 Avenue, Room 108, Tamarac, Florida
33321, (954) 597-3569, for furnishing the services described below:
DESIGN/BUILD OF THE TAMARAC PUBLIC SERVICES COMPLEX ADDITION
Proposals. must be received and time stamped by the Purchasing Division, either by
mail or hand delivery, no later than 4:00 p.m. local time on Wednesday, February 22,
2006. Late submittals, additions or changes will not be accepted.
CITY reserves the right to reject any or all Proposals, to waive any or all Proposals
received, to re -advertise for Proposals, to award in whole or in part to one or more
Proposers, or take any other such actions that may be deemed to be in the best interest
of the CITY.
Jim Nicotra, CPPB
Senior Procurement Specialist
Publish Sun -Sentinel: 01/22 and 01/29/2006
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 M (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamorac.org
Equal opportunity Employer
of Tamarac
and Contracts Division
SPECIAL INSTRUCTIONS TO PROPOSERS
Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations
Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of
Tamarac seeks to identify firms with substantial experience and capabilities to propose
on a Design/Build of the Tamarac Public Services Complex Addition.
I. DEFINITIONS
Whenever the following terms appear in the Proposal, the intent and meaning shall be
interpreted as follows:
Design build contract: A single contract with a design -build firm for the design and
construction of a public construction project.
Design -build firm: A partnership, corporation, or other legal entity that:
Is certified under F.S § 489.119, to engage in contracting through a certified or
registered general contractor or certified or registered building contractor as the
qualifying agent; or
Is certified under F.S. § 471.023, to practice or to offer to practice engineering;
certified under F.S. § 481.219, to practice architecture; or certified under
F.S. § 481.319, to practice or to offer to practice landscape architecture.
Board: The City Commission members of Tamarac, Florida, its successors and assigns.
Contract: The written agreement for performance of the Scope of Work entered into
between the City and the successful proposer.
Contract Administrator: The Utilities Department's Director, or some other employee
expressly designated as Contract Administrator in writing by the Utilities Director, who is
the representative of the Board concerning the Contract Documents.
Notice to Proceed: A written notice to Firm authorizing the commencement of work.
Plans and/or Drawin s: The official graphic representations of this construction project.
Proposer: Any individual, firm, or corporation submitting a proposal for this project,
acting directly or though a duly authorized representative. For the purpose of this
Agreement, Proposer shall mean the same thing as the Bidder.
En ia'neer/Project Manager: The City's authorized project representative. The words
"Engineer"and "Engineer/Project Manager" are used interchangeably.
3
City of Tamarac Purchasing and Contracts Division
11. STATEMENT OF THE WORK
The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square
miles and is located in central Broward County. The municipal limits stretch east to west
from just west of Powerline Road near 1-95, to the Sawgrass Expressway, and generally
north to south from Southgate Boulevard to Commercial Boulevard. The City's
population estimate for 2005 is 58,711. With convenient access to the Florida Turnpike,
Sawgrass Expressway, and other major thoroughfares as Commercial Boulevard and
University Drive, Tamarac has evolved from a retirement community into a place
thriving with diversified economic, residential and recreational activities and
opportunities. Tamarac and Challenger Elementary Schools, and Millennium Middle
School, all located in Tamarac provide area children with educational opportunities. The
Tamarac Community Center, the new Tamarac Branch Library, a new park and
proposed park improvements and expansions, provide additional recreational, cultural
and educational opportunities for Tamarac citizens.
The City of Tamarac has acquired a parcel of land, approximately 10 acres in size,
located on the corner of Nob Hill Road and State Street in Tamarac. This land will be
used to expand the existing Public Service Complex, to include water and wastewater
operations, maintenance and administration headquarters.
The City is seeking to engage qualified firms to propose on a Design/Build of the
Tamarac Public Services Complex Addition. The general scope of the project includes
the following components:
1. Approximately 20,000 square foot office/warehouse building with a hardened
structure to FEMA 361 standards.
2. Approximately 5,600 square foot equipment shed.
3. Approximately 1,200 square foot small equipment storage building.
4. Standby generator to power all new on site facilities.
5. All permitting, electrical, communications, mechanical and appurtenances
necessary for a complete turnkey project.
6. Work shall be completed in accordance with the latest edition of all codes
including, but not limited to South Florida Building Code, City of Tamarac
Land Development Code, City of Tamarac Code of Ordinances and Broward
County Code of Ordinances.
Estimated cost for the entire project is $3,200,000.00 with completion expected in
December, 2007.
of Tamarac
and Contracts Division
Ill. QUALIFICATIONS OF PROPOSERS
Proposals will be considered from qualified firms whose experience includes successful
work in the industry.
• The Proposer must be a design builder, which is defined as a partnership,
corporation or other legal entity that is either certified to engage in contracting or
certified to practice engineering or architecture and landscape architecture.
• The following is a list of the types of design -build firms:
o Engineer / Architect led team
o General Contractor led team
o Joint Venture: Engineer/ General Contractor
o Integrated Firms
• The firm must possess demonstrated experience in design build and
implementation of a variety of public construction projects.
• The firm must have sufficient qualified staff to complete applicable work in the
time required and in accordance with State statutes and standards.
IV. SUBMISSION OF SEALED PROPOSALS
Proposers should submit one (1) original and six (6) copies in a sealed envelope
identifying Proposer's name and Design/Build number and respond to each of the
following items as clearly as possible:
1. A brief but complete history of your firm.
2. Firm's current Proof of Insurance.
3. Resumes of key personnel who will actually be assigned to the project and
describing their role. Note: Tamarac expects those listed to be those who will
actually perform the work. No substitutions will be permitted except in the most
dire conditions.
4. A list of at least three (3) similar projects performed during the last five years
including the following information:
a. Name of the entity for which the work was performed;
b. Brief description of the scope of the project;
c. Name of contact person with the entity and current telephone number who
can knowledgeably discuss your firm's role and performance in the project.
5. Provide financial statements for your company's past two (2) years of operation
including balance sheet and income statement on the most current year.
6. Any other information the firm feels is relevant to evaluating the firm's
qualifications.
5
City of Tamarac Purchasing and Contracts Division
V. SUBMISSION REQUIREMENTS
One (1) original and six (6) copies of the submittals shall be mailed or hand delivered to:
City of Tamarac Purchasing Division
7525 N.W. 88th Ave., Room 108
Tamarac, FL 33321
Attn: Jim Nicotra, Senior Procurement Specialist
The outside of the envelope should be clearly marked, "RFP 06-03R, Design/Build of
the Tamarac Public Services Complex Addition", along with the Proposer's
company name and address information.
VI. SELECTION/NEGOTIATION PROCESS
A Selection/Negotiation Committee has been appointed by the City Manager and will be
responsible for short listing the most qualified firms.
Each firm should submit documents that provide evidence of capability to provide the
services required for the committee's review for short -listing purposes. The short listed
firms will receive a Request for Proposal, Step 2, outlining the "Design/Build Criteria"
and other pertinent information for their Step 2 proposal. Upon review of the proposals
by the evaluation committee, public presentations may be required by the shortlisted
firms prior to final selection by the committee. The committee will then attempt to
negotiate an agreement, which will be recommended to the Board for award.
NOTE:
This Design/Build Step One proposal is a non -priced technical qualifications -based
process. Pricing will only be a factor after shortlisting of firms and the negotiation phase.
VII. CRITERIA FOR SELECTION
The City will assemble an evaluation and selection committee comprised of staff. This
committee shall evaluate the proposals and may recommend the top design/build firms
for presentations. The committee shall evaluate the proposals based on the following
criteria:
1. Background, education and experience of the firms staff members who will be
assigned to the project; Ability of the contractor to provide all of the expertise
necessary to successfully complete the work. 30 points
2. Availability of the proposed staff members; Current size of and projected work load
of the design/build team; Ability to provide onsite time for meetings, training and
cooperative review of work products. 20 points
City of Tamarac AAk Purchasing and Contracts [Division
3. Knowledge of and approach to the proposed work; Ability to suggest and apply
new technologies or approaches that may either: reduce the cost and time frame,
or improve the quality of the work products. 20 points
4. Team Work History: It is desired the Design Build team or partnership should have
worked together on at least two other similar projects and evidence such for higher
evaluation consideration by the committee. 30 points
Maximum Technical Points possible: 100 points
These weighted criteria are provided to assist the Proposers in the allocation of their
time and efforts during the submission process. The criterion also guides the
Evaluation Committee during the short -listing and final ranking of Proposers by
establishing a general framework for those deliberations.
Note: Your firm's submittal to this RFP should also include a timeline of major event
activities along with a realistic project completion estimate.
Short listed firms may be selected for a presentation to the committee prior to a
recommendation being presented to the City Commission. As the best interest of the
CITY may require, the right reserved to reject any and all proposals or waive any minor
irregularity or technicality in proposals received. Proposers are cautioned to make no
assumptions unless their proposal has been evaluated as being responsive. Additional
information may be required of the proposer during the review and selection process to
clarify the Proposers presented information.
Vill. SCHEDULE OF EVENTS
Event
1. Issuance of Request for Qualifications
2. Opening of Step 1 RFP Proposals
3. Proposal Evaluations & Short -listing Completed
4. Issuance of Step 2 RFP,. to .'Short Listed Firms. Includes
Design Criteria Package, Technical and Price Framework.
5. Opening of Step 2 RFP
6. Proposal Evaluations including Presentations
7. Contract Negotiations
8. Award of Contract
Date (on or by)
01 /22/06
02/22/06
03/03/06
03/06/06
04/03/06
04/04/06 -�. 04/12/06
04/13/06 — 04/27/06
05/19/06
CITY reserves the right to revise scheduled dates.
7
City of Tamarac
Purchasing and Conti -acts Division
IX. RIGHT TO REJECT PROPOSALS
As the best interest of the CITY may require, the right is reserved to reject any and all
proposals or waive any minor irregularity or technicality in proposals received.
Proposers are cautioned to make no assumptions unless their proposal has been
evaluated as being responsive. Additional information may be required of the proposer
during the review and selection process to clarify the Proposers presented information.
The City of Tamarac reserves the right without prejudice to reject any or all proposals.
X. QUESTIONS ABOUT THE RFP
Questions regarding the project or the proposal process shall be directed in writing to
Jim Nicotra, Senior Procurement Specialist, City of Tamarac, 7525 NW 88th Avenue,
Room 108, Tamarac, FL 33321 or by fax (954) 597-3565.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
SENIOR PROCUREMENT SPECIALIST OR DESIGNATED REPRESENTATIVE
REGARDING THIS REQUEST FOR QUALIFICATION MAY BE GROUNDS FOR
ELIMINATION FROM THE SELECTION PROCESS.
XI. INSURANCE REQUIREMENTS
Design/Build firm agrees to, in the performance of work and services under this
Agreement, comply with all Federal, State and Local laws and regulations now in effect,
or hereinafter enacted during the term of this Agreement that are applicable to
Design/Build firm, its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
Design/Build firm shall obtain at their expense all necessary insurance in such form and
amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Design/Build firm shall maintain such insurance in full force and
effect during the life of this Agreement. Firm shall provide to the City's Risk Manager
certificates of all insurances required under this. section prior to beginning any work
under this Agreement. The Design/Build firm will ensure that all sub
Cons ultants/su bContractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
Design/Build firm shall indemnify and hold the City harmless for any damages resulting
from failure of the firm to take out and maintain such insurance. Design/Build firm's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Design/Build firm shall be responsible for payment of all deductibles and self-insurance
retentions on Firm's Liability Insurance policies.
8
Aft
City of Tamarac Purchasing and Contracts Division
Design/Build firm shall maintain in full force and effect during the life of the contract,
Workers' Compensation insurance covering all employees in performance of work.under
the contract. Firm shall make this same requirement of any of its subcontractors.
The following are required types and minimum limits of insurance coverage, which the
Design/Build firm agrees to maintain during the term of this contract:.
ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE
$1,000,000/2,000,000
Neither Design/Build firm nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section and have
supplied owner with evidence of such coverage in the form of a Certificate of Insurance
and endorsement. The City shall approve such certificates.
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's
Key Rating Guide; be licensed to do business in Florida.
All policies provided shall be Occurrence not Claims Made forms. The Design/Build
firm's insurance policies shall be endorsed to add the City of Tamarac as an Additional
Insured. The Firm shall be responsible for all deductibles.
All of the policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has
been given to the City by certified mail.
GOVERNING LAW:
INTERESTED CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE
BROWARD COUNTY.
Each firm is required to complete and submit the following forms: "Offeror's Qualification
Statement", "Non -Collusive Affidavit" and "Drug Free Workplace Certification".
Attachments:
1. Offeror's Qualification Statement
2. Non -Collusive Affidavit
3. Vendor Drug -Free Workplace
Ell!
City of Tamarac
and Contracts Division
PUBLIC ENTITY CRIMES: A person or affiliate as defined in F.S. §287.133, who has
been placed on the convicted vendor list maintained by the Florida Department of
Management Services following a conviction for a public entity crime, may not submit a
bid on a contract to provide any goods or services to the City of Tamarac, may not
submit a bid on a contract with the City of Tamarac for the construction or repair of any
public building or public Work, may not submit bids on leases of real property with the
City of Tamarac, may not be awarded to perform Work as a contractor, Supplier, sub-
contractor, or consultant under a contract with the City of ' Tamarac, and may not
transact business with the City of Tamarac in an amount set forth in 287.017, Florida
Statutes, for Category Two for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
FA
City of Tamarac
AM Purchasing and Contracts Division
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and Contracts Manager
7525 NW 88t' Avenue
Tamarac, Florida 33321
Submitted By:
Name:
Address:
City, State, Zip
Telephone No.
Fax No.
Check One
❑ Corporation
❑ Partnership
❑ Individual
❑ Other
1. State the true, exact, correct and complete name of the partnership, corporation,
trade or fictitious name under which you do business and the address of the place
of business.
The correct name of the Offeror is:
The address of the principal place of business is:
2. If Offeror is a corporation, answer the following:
a) Date of Incorporation:
b) State of Incorporation:
c) President's name:
d) Vice President's name:
e) Secretary's name:
f) Treasurers name:
g) Name and address of Resident,Agent:
1 of 5 Offerors Qualification Statement
City of Tamarac - * Purchasing & Contracts Division
3. If Offeror is an individual or a partnership, answer the following:
a) Date of organization:
b) Name, address and ownership units of all partners:
c) State whether general or limited partnership:
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
5. If Offeror is operating under a fictitious name, submit evidence of compliance with
the Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present
business name?
a) Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
8. Have you personally inspected the site of the proposed work?
❑ YES ❑ NO
9. Do you have a complete set of documents, including drawings and addenda?
❑ YES ❑ NO
10. Did you attend the Pre -Proposal Conference if any such conference was held?
❑ YES ❑ NO
2 of 5 Offeror's Qualification Statement
City of Tamarac
& Contracts Division
11. Have you ever failed to complete any work awarded to you? If so, state when,
where and why:
12. State the names, telephone numbers and last known addresses of three (3)
owners, individuals or representatives of owners with the most knowledge of work
which you have performed and to which you refer (government owners are
Preferred as references).
Name Address Telephone
13. List the pertinent experience of the key individuals of your organization (continue
on insert sheet, if necessary).
14. State the name of the individual who will have personal supervision of the work:
15. State the name and address of attorney, if any, for the business of the Offeror:
16. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
17. State the names, addresses and the type of business of all firms that are partially
or wholly owned by Offeror:
3 of 5 Offerors Qualification Statement
City of Tamarac
Purchasing & Contracts division
18. State the name of Surety Company which will be providing the bond, and name
and address of agent:
19. Bank References:
Bank Address Telephone
20. Attach a financial statement including Proposer's latest balance sheet and income
statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and
bonds, equipment, furniture and fixtures, inventory and prepaid expenses):
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, real
estate encumbrances and accrued payroll taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings):
21. State the name of the firm preparing the financial statement and date thereof:
22. Is this financial statement for the identical organization named on page one?
❑ YES ❑ NO
23. If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
4 of 5 Offeror's Qualification Statement
of Tamarac
& Contracts Division
The Offeror acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by owner in awarding the contract
and such information is warranted by Offeror to be true. The discovery of any omission
or misstatement that materially affects the Offeror's qualifications to perform under the
contract shall cause the owner.to reject the proposal, and if after the award, to cancel
and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of , 20, before me,
the undersigned Notary Public of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take.an oath, or
❑ DID NOT take an oath
5 of 5 Offeror's Qualification Statement
of Tamarac
Purchasing & Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of
being first duly swom,
deposes and says that:
24. He/she is the (Owner, Partner, Officer,
Representative or Agent) of the
Offeror that has submitted the attached Proposal;
25. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
26. Such Proposal is genuine and is not a collusive or sham Proposal;
27. 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;
28. 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:
Witness
Witness
M
Printed Name
Title
1 of 2 Non -Collusive Affidavit
AMk
City of Tamarac Purchasing & Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
2 of 2 Non -Collusive Affidavit
of Tamarac
Purchasing & Contracts Division
VENDOR DRUG -FREE WORKPLACE
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:
1. 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.
2. 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 assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. 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.
5. 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.
6. 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 complies fully with the above requirements.
Authorized Signature
Company Name
Wage 1 of 1 Vendor Drug -Free Workplace
REQUEST FOR PROPOSALS
RFP 06-03
STEP 2
DESIGN/BUILD OF THE TAMARAC
PUBLIC SERVICES COMPLEX
ADDITION
Issued on behalf of
the Utilities Department
City of Tamarac
Purchasing Division
7525 NW 88t" Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 597-3570
Purchasing and
Contracts Division
DATE: March 6, 2006
City of Tamarac
"Committed to Excellence... Always"
REQUEST FOR PROPOSALS
ALL QUALIFIED PROPOSERS:
RFP NO.06-03R
STEP 2
Sealed Proposals, (Step 2), addressed to the Senior Procurement Specialist of the City
of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525
NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:00 PM local time, Monday,
April 03, 2006 for:
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
Sealed Proposals must be received and time stamped in the Purchasing Office, either by
mail or hand delivery, on or before the date and time referenced above. Any Proposals
received after 4:00 p.m. on said date will not be accepted under any circumstances. Any
uncertainty regarding the time a Proposal is received will be resolved against the Proposer.
Official time will be measured by the time stamp in the Purchasing Office.
RFP Security: Each Proposal shall be accompanied by a certified or cashier's check or
RFP Bond in the amount not less than 5% of the total proposed project price payable to the
City of Tamarac as guarantee the high ranked Proposer will negotiate in good faith toward
an executed agreement.
The City of Tamarac is seeking Requests for Proposals, Step 2, from pre-qualified/short
listed design/build firms to provide all necessary professional design services and all
labor, materials and equipment necessary to design and construct the Tamarac Public
Services Complex Addition located on the NW corner, Nob Hill Road and State Street.
Proposals are subject to the attached Standard Terms and Conditions contained in the
Instructions to Proposers.
CITY reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole
or in part to one or more Proposers, or take any other such actions that may be deemed
to be in the best interests of the CITY. For inquiries, contact the Purchasing Office at
(954) 597-3570.
u��
James Nicotra, CPPB
Senior Procurement Specialist
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 (954) 597-3565 ■ www,tamorac.org
Equal opportunity Employer
of Tamarac
& Contracts Division
TABLE OF CONTENTS
RFP 06-03R
Requestfor Proposals.................................................................................................. 4-9
Statementof Work..........................................................................................................
4
Scopeof Services...........................................................................................................
4
ProposalRequirements...................................................................................................4
Selection/Negotiation Process........................................................................................
5
Criteriafor Selection........................................................................................................ 6
Scheduleof Events......................................................................................................... 7
Right to Reject Proposals................................................................................................ 7
Questions Regarding the RFP........................................................................................ 7
Insurance Requirements.............................................................................................. 7-8
Instructions to Offerors.............................................................................................10-19
Definitions.....................................................................................................................10
StandardTerms & Conditions.........................,..............................................................10
PriceProposal Form.................................................................................................
20-22
TrenchSafety .......................................................... ............
... 23
Certification.........:.........................................................................................................
24
CertifiedResolution.......................................................................................................
25
FormPayment Bond................................................................................................
26-28
FormPerformance Bond..........................................................................................
29-32
Application for Payment................................................................................................
33
ChangeOrder...............................................................................................................
34
Final Release of Lien by Contractor
List of Subcontractors....................................................................................................
37
Sample Contractor Agreement.................................................................................
38-48
Attachment "A", Design Criteria Package.................................................................49-55
3
City of Tamarac _ Purchasing & Contracts Division
REQUEST FOR PROPOSALS
RFP 06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
1. STATEMENT OF THE WORK
The City of Tamarac is seeking proposals from pre -qualified design/build firms to
provide all necessary professional design services and all labor, materials and
equipment necessary to design and construct the Tamarac Public Services
Complex Addition located on the NW corner of Nob Hill Road and State Street.
II. SCOPE OF SERVICES
. See Attachment , _ Design Criteria Package.
Ill. PROPOSAL REQUIREMENTS
A. Technical Proposal
1. Submit a detailed description addressing your firm's approach and
work plan for all aspects of the proposed project.
2. Submit a brief statement explaining why your firm's proposal would
be the most effective and beneficial to the City of Tamarac.
3. Submit complete descriptions, layouts and drawings of the
proposed site plan and design, including but not limited to, the
criteria listed in Attachment "A", Design Criteria Package.
4. Offeror's schedule is to be submitted as part of this proposal.
Submit a milestone event schedule, and address your firm's
commitment to said schedule, which should cover the start of the
project through its completion. The City's projected completion date
for the project is on or before December 14, 2007.
5. Submit a detailed narrative specifically describing how the site
planning and complex design will be conducted; please address
each component described in Attachment "A", Design Criteria
Package.
6. Submit the name(s) of all sub -contractors who will be used during
the construction phase of the project.
B. Price Proposal
Submit your signed, firm, fixed fee performance -based price proposal, on
the Proposal Form included herein, for providing all professional design
services, labor, materials, equipment and other services, supplies and
incidentals necessary for construction. The City's current budget for this
project is $3,200,000.00.
4
of Tamarac
& Contracts Division
C. Proposal Copies
Submit one (1) original and six (6) copies, in sealed envelopes, to the
attention of James Nicotra, CPPB, Senior Procurement Specialist, 7525 NW'
88th Avenue, Tamarac, Florida 33321. Clearly identify the original document
with the word "Original", either on the cover or the first page of the Proposal.
D. Addenda, Additional Information
Any addenda or answers to written questions supplied by the City to
participating Proposers become part of this Request for Proposal and the
resulting contract. All addenda should be acknowledged, signed by an
authorized company representative, dated and returned with your firm's
submittal, but any and all addenda must be signed and returned within three
(3) days of the City's request.
No negotiations, decisions or actions shall be initiated or executed by the
Proposer as a result of any discussions with any City employee. Only those
communications that are in writing from the Senior Procurement Specialist or
designee may be considered as a duly authorized expression. Also, only
communications from Proposers that are signed and in writing will be
recognized by the City as duly authorized expressions on behalf of the
Proposer.
IV. EVALUATION OF PROPOSALS
A. Selection Process
1. The Evaluation/Selection Committee has evaluated all responses to
Step 1 RFP to identify firms with applicable experience and
capabilities for this project. Firms receiving this Step 2, Request for
Proposals (RFP 06-03R) have been deemed qualified to submit
proposals.
2. The firms receiving this Request for Proposal will prepare their
submittal based on the requirements and criteria listed herein and
other pertinent information.
3. After review of the Step 2 proposals by the committee, each
Proposer may be scheduled for presentation of their
recommendations and may also be asked to respond on other
pertinent issues.
4. Evaluation and scoring will be finalized after presentations, if
applicable, to determine the highest ranked firm. The Committee
will then attempt to negotiate an agreement with the best evaluated
Offerer.
5. Upon completion of successful negotiations, a recommendation for
award will be submitted to the City Commission for approval.
of Tamarac
f & Contracts Division
B. Evaluation Method and Criteria
Proposals will be evaluated in accordance with the weighed criteria listed below:
1. Background, Education and Experience
2. Availability of staff, current project workload
3. Knowledge of and approach of the Project
4. Team Work History together on projects
5. *Project Cost Proposal, Attachment "B"
6. Proposed Time Line & Completion Date
MAXIMUM POINTS
20 Points
15 Points
15 Points
10 Points
20 Points
20 Points
Total 100 Points
The City reserves the right to ask questions, for clarification purposes, of any or
all Proposers as part of its evaluation. The Proposer shall be prepared to advise
the Committee the manner in which the contractual obligations will be
accomplished. In addition, it is highly recommended the Proposer have the
appropriate management level staff represent the firm during the presentation
phase, if applicable, The designated project manager should be available.
Submitted project cost shall not be subject to change until formal negotiations
have begun with a designated firm.
* Project Cost, Item 5, will be calculated as per the following sample formula.
Firm A: Proposed Price $20,000 Percentage = 100% X Weight (20) = 20 Points
Firm B: Proposed Price $ 25,000 Percentage = 80% X Weight (20) = 16 Points
Firm C: Proposed Price $28,000 Percentage = 71 % X Weight (20) = 14 Points
Firm B's percentage is $20,000 + $25,000 = 80%
Firm C's percentage is $20,000 + $28,000 = 71 %
6
Chy of Tamarac Purchasing & Contracts Division
V. SCHEDULE OF EVENTS
Event
Date (on or by)
1.
Issuance of Request for Qualifications
01/22/06
2.
Opening of Step 1 RFP Proposals
02/22/06
3.
Proposal Evaluations & Short -listing Completed
03/03/06
4.
Issuance of Step 2 RFP to Short Listed Firms. Includes
Design Criteria Package, Technical and Price
03/06/06
Framework.
5
Opening of Step 2 RFP
04/03/06
6.
Proposal Evaluations including Presentations
04/04/06 — 04/12/06
7.
Contract Negotiations
04/13/06— 04/27/06
8.
Award of Contract
05/10/06
CITY reserves the. right to revise scheduled dates.
VI. RIGHT TO REJECT PROPOSALS
As the best interest of the CITY may require, the right is reserved to reject any and all
proposals or waive any minor irregularity or technicality in proposals received.
Proposers are cautioned to make no assumptions unless their proposal has been
evaluated as being responsive. Additional information may be required of the proposer
during the review and selection process to clarify the Proposers presented information.
The City of Tamarac reserves the right without prejudice to reject any or all proposals.
VII. QUESTIONS ABOUT THE RFP
Questions regarding the project or the proposal process shall be directed in writing to
Jim Nicotra, Senior Procurement Specialist, City of Tamarac, 7525 NW 88th Avenue,
Room 108, Tamarac, FL 33321 or by fax (954) 597-3565.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
SENIOR PROCUREMENT SPECIALIST OR DESIGNATED REPRESENTATIVE
REGARDING THIS REQUEST FOR QUALIFICATION MAY BE GROUNDS FOR
ELIMINATION FROM THE SELECTION PROCESS.
Vill. INSURANCE REQUIREMENTS
Design/Build firm agrees to, in the performance of work and services under this
Agreement, comply with all Federal, State and Local laws and regulations now in effect,
or hereinafter enacted- during the term of this Agreement that are applicable to
Design/Build firm, its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
Design/Build firm shall obtain at their expense all necessary insurance in such form and
amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
7
City of Tainarac Purchasing & Contracts Division
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Design/Build firm shall maintain such insurance in full force and
effect during the life of this Agreement. Firm shall provide to the City's Risk Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Design/Build firm will ensure that all sub
Consultants/subContractors comply with the above guidelines and will retain all
necessary. insurance in force throughout the term of this agreement.
Design/Build firm shall indemnify and hold the City harmless for any damages resulting
from failure of the firm to take out and maintain such insurance. Design/Build firm's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Design/Build firm shall be responsible for payment of all deductibles and self-insurance
retentions on Firm's Liability Insurance policies.
Design/Build firm shall maintain in full force and effect during the life of the contract,
Workers' Compensation insurance covering all employees in performance of work under
the contract. Firm shall make this same requirement of any of its subcontractors.
The following are required types and minimum limits of insurance coverage, which the
Design/Build firm agrees to maintain during the term of this contract:
ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE
$1,000,000/2,000,000
Neither Design/Build firm nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section and have
supplied owner with evidence of such coverage in the form of a Certificate of Insurance
and endorsement. The City shall approve such certificates.
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's
Key Rating Guide; be licensed to do business in Florida.
All policies provided shall be Occurrence not Claims Made forms. The Design/Build
firm's insurance policies shall be endorsed to add the City of Tamarac as an Additional
Insured. The Firm shall be responsible for all deductibles.
All of the policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has
been given to the City by certified mail.
GOVERNING LAW:
INTERESTED CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE
BROWARD COUNTY
V. AWARD OF CONTRACT
The contract shall be awarded to the responsible Proposer whose proposal is
determined to be the most advantageous to CITY, based on the evaluation factors
and criteria set forth in both Step 1 and Step 2 of the RFP and subsequent
presentations, if applicable.
As the best interest of the CITY may require, the right is reserved to reject any
and all proposals or waive any minor irregularity or technicality in proposals
received. Proposers are cautioned to make no assumptions unless their
proposal has been evaluated as being responsive. Additional information may be
required of the Proposer during the review and selection process to clarify the
Proposers presented information.
The City of Tamarac reserves the right to reject any or all proposals without
prejudice.
0
of Tamarac
& Contracts Division
INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
RFP 06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
1. DEFINED TERMS
1.1. Terms used in these Instructions to Offerors are defined as. follows:
1.2. "Offeror" - one who submits a Proposal directly to CITY as distinct from a
Sub -Offeror, who submits a Proposal to the Offeror.
1.3. "Proposer"— one who submits a Proposal directly to City; the terms "Offeror",
"Proposer" and "Bidder" can be used interchangeably but have the same
meaning.
1.4. "Successful Proposer" - the qualified, responsible and responsive Proposer
to whom CITY (on the basis of CITY'S evaluation as hereinafter provided)
makes an award.
1.5. "CITY" - the City of Tamarac, a municipal corporation of the State of Florida.
1.6. "Proposal Documents" - Request for Proposal(RFP), (Step 1 & Step 2),
Instructions to Offerors, Proposal Forms, Design Criteria Package,
Specifications, if any, Certification, Certified Resolution, and the proposed
Contract Documents, if any, (including all Addenda issued prior to receipt of
Proposals).
1.7. "CONTRACTOR" — the joint venture or team that provides the required
bonds and insurance to City and to whom the award is made and who
executes the Contract Documents.
2. SPECIAL CONDITIONS
Any and all Special Conditions that may vary from the General Conditions shall
have precedence.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 Before submitting a Proposal, each Proposer must:
a. visit the site to familiarize themselves with the facilities and equipment
that may in any manner affect cost, or performance of the work;
b. agree to follow latest federal, state and local laws, ordinances, grants,
rules and regulations throughout the performance of work;
C. study and carefully correlate the Proposer's observations with the
Proposal Documents; and
d. notify the Senior Procurement Specialist or designee of all conflicts,
errors and discrepancies, if any, in the Proposal Documents.
10
& Contracts Division
3.2 The Proposer, by and through the submission of a Proposal, agrees that
they shall be held ,responsible for having examined the facilities and
equipment; familiarized themselves with the nature and extent of the work
and any local conditions that may affect the work to be done and the
equipment, materials, parts and labor required.
4. SPECIFICATIONS
4.1 The apparent silence of the Design Criteria / Specifications as to any detail,
or the apparent omission from it of a detailed description concerning any
point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to
be used. All interpretations of the Specifications shall be made on the basis
of this statement.
4.2 For the purpose of evaluation, the Proposer must indicate any variance or
exceptions to the stated 'Specifications. Deviations should be advised in
writing. Absence of variations and/or corrections will be interpreted to mean
that the Proposer meets all the Specifications in every respect.
4.3 Any manufacturers' names, trade names, brand names, information and/or
catalog numbers used herein are for the purpose of describing and
establishing a ,general standard of quality, performance and characteristics
and are not intended to limit or restrict competition. The Proposer may offer
any brand, which meets or exceeds the specifications for any item(s). If a
Proposal is based on equivalent products, indicate on the Proposal the
manufacturer's name and catalog number. Proposer shall submit with their
Proposal complete, descriptive literature and/or specifications. The Proposer
should also explain in detail the reason(s) why and submit proof that the
proposed equivalent will meet the specifications and not be considered an
exception thereto. The determination of equivalency shall rest solely with the
CITY. if Proposer fails to name a substitute, it will be assumed that they will
be providing goods identical to Proposal standards.
5. INTERPRETATIONS AND ADDENDA
If Proposer should be in doubt as to the meaning of any of Proposal Documents, is
of the opinion that the Conditions and Specifications contain errors or contradictions
or reflect omissions, or has any question concerning conditions and specifications,
they shall submit written request to the Senior Procurement Specialist or designee
for interpretation or clarification. Such request should reference the date of
Proposal opening and RFP number and should be received by Senior Procurement
Specialist or designee at least seven (7) calendar days prior to the opening date.
Questions received less than seven (7) calendar days prior to Proposal opening
may not be answered. Interpretations or clarifications in response to such questions
will be issued in form of written addenda to all qualified Proposers recorded by the
Purchasing Office as having received the Proposal Documents. The Issuance of a
written addendum shall be the only official method whereby such an interpretation
or clarification will be made.
11
of Tamarac
& Contracts Division
6. COSTS AND COMPENSATION
6.1 Costs and compensation may be shown in both unit amounts and extensions
whenever applicable. In the event of discrepancies existing between unit
amounts and extensions or totals, unit amounts shall govern.
6.2 All costs and compensation shall remain firm and fixed for acceptance for
ninety (90) calendar days after the day of the Proposal opening.
6.3 The costs and compensation proposed shall include all franchise fees,
royalties, license fees and other costs arising from the use by such design,
equipment and/or materials in any way involved in the work as well as all
costs of transporting and service to the required locations.
7. NON -COLLUSIVE AFFIDAVIT
Each Proposer has previously submitted the Non -Collusive Affidavit with the Step 1
Proposal. CITY considers the failure of the Proposer to submit this document to be
a major irregularity and may be cause for rejection of the Proposal.
8. PUBLIC ENTITY CRIMES
In accordance with F.S. 287.133 2 a : A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime
may not submit a RFP on a contract to provide any goods or services to a public
entity, may not submit a RFP on a contract with a public entity for the
construction or repair of a public building or public work, may not submit RFPs on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in Florida Statutes Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
9. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes. Proposers must disclose with their Proposal the name of any
officer, director, partner, proprietor, associate or agent who is also an officer or
employee of CITY or any of its agencies. Further, all Proposers must disclose the
name of any officer or employee of CITY who owns, directly or indirectly, an interest
of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate
companies.
10. PERFORMANCE BONDS AND INSURANCE
Prior to the issuance of the Notice to Proceed, the Successful Proposer, when
required by the Special Conditions, shall submit Performance and Payment Bonds
on City forms for such as well as certificates and/or policies of insurance in the
manner, form and amount(s) specified in the Special Conditions.
12
City of Tamarac Purchasing & Contracts Division
11. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
11.1 The following is a summary of documents, which MUST to be submitted by
the Proposers
a. Proposal
b. Certification
C. Certified Resolution
d. Proof of all required Certificate(s) of Insurance
e. Price Proposal Form
f. Trench Safety Form
g. List of Subcontractor Form
h. 5% Surety Bond
11.2 Additionally, the following documents must be submitted prior to award.
a. Signed and sealed Contractor Agreement
11.3 The following documents must be submitted prior to commencement of
work:
a. Payment and Performance Bonds 100% of contract price
b. Current and approved RFP stipulated Insurance(s)
11.4 The following documents have been previously submitted with the
Request for Qualifications Proposal.
a. Offeror's Qualification Statement
b. Non -Collusive Affidavit
C. Vendor Drug -Free Workplace
12. SUBMISSION OF PROPOSALS
12.1 Proposals must be typed or printed in ink. Use of erasable ink is not
permitted. All corrections to prices made by the Proposer must be initialed.
12.2 Proposals must contain a manual signature of the Corporate filed authorized
officer(s) of the firm(s). Proposals shall contain an acknowledgment of
receipt of all Addenda. The address and telephone number for
communications regarding the Proposal must be shown.
12.3 Proposals by corporations must be executed in the corporate name by the
President or other corporate officer accompanied by evidence of authority to
sign. The corporate address and state. of incorporation must be shown
below the signature.
12.4 Proposals by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the
official address of the partnership must be shown below the signature.
12.5 Proposals shall be submitted to the Senior Procurement Specialist on or
before the date and time indicated in the Request for Proposals, and shall be
13
of Tamarac
& Contracts Division
submitted in a sealed envelope (faxed proposals will not be accepted under
any circumstances). The envelope shall be clearly marked on the exterior
14
of Tamarac
"RFP 06-03R, DESIGN/BUILD OF TAMARAC PUBLIC SERVICES
COMPLEX ADDITION," and shall state the name and address of the
Proposer and shall be accompanied by any other required documents.
Purchasing staff shall not be held responsible for the premature opening of a
Proposal not properly addressed and identified.
12.6 In accordance with Florida Statutes Chapter 119 (Public Records Law), and
except as may be provided by other applicable state and federal law, the
Request for Proposal and the responses thereto are public domain.
However, the Proposers are requested to identi spgcifically any information
contained in their Proposals which they consider confidential or proprietary
and which they believe to be exempt from public disclosure.
12.7 All Proposals received from a Proposer in response to the Request for
Proposal will become the property of CITY and will not be returned to the
Proposer. In the event of Contract award, all documentation produced as
part of the Contract shall become the exclusive property of CITY.
12.8 The City shall not be responsible for any expenses which Proposer may
incur preparing and submitting proposals called for in this Request for
Proposal process.
13. MODIFICATION AND WITHDRAWAL OF PROPOSALS
13.1 Proposals may be modified or withdrawn by an appropriate document duly
executed (in the manner that Proposal must be executed) and delivered to
where Proposals are to be submitted at any time prior to deadline for
submitting Proposal. A request for withdrawal or modification must be in
writing and signed by person duly authorized. Evidence of such authority
must accompany request for withdrawal or modification. Withdrawal of
Proposal will not prejudice the rights of Proposer to submit a new Proposal
prior to the Proposal opening date and time. After expiration of period for
receiving Proposals, no Proposal may be withdrawn or modified.
13.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer
files a duly signed, written notice with CITY and within five (5) calendar days
thereafter demonstrates to the reasonable satisfaction of CITY by clear and
convincing evidence there was a material and substantial mistake in the
preparation of its Proposal, or that the mistake is clearly evident on the face
of the Proposal but the intended correct Proposal is not similarly evident,
then Proposer may withdraw its Proposal and the RFP Security, if applicable,
will be returned. Thereafter, the Proposer will be disqualified from award
consideration of this RFP project.
15
City of Tamarac „ Purchasing & Contracts Division
14. REJECTION OF PROPOSALS
14.1 To the extent permitted by applicable state and federal laws and regulations,
CITY reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the
Successful Proposer, and the right to disregard all nonconforming, non-
responsive, unbalanced or conditional Proposals. Proposal will be
considered irregular and may be rejected if they show serious omissions,
alterations in form, additions not called for, conditions or unauthorized
alterations, or irregularities of any kind.
14.2 CITY reserves the right to reject the Proposal of any Proposer if CITY
believes that it would not be in the best interest of the CITY to make an
award to that Proposer, whether because the Proposal is not responsive or
the Proposer is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by CITY.
15. QUALIFICATIONS OF PROPOSERS
15.1 As a part of the Proposal evaluation process, CITY may conduct a
background investigation, including a record check through the Broward
Sheriffs Office. Proposer's submission of a Proposal constitutes
acknowledgement of this process and implies consent to such investigation.
15.2 No proposal shall be accepted from, nor will any contract be awarded to, any
person who is in arrears to CITY upon any debt or contract, or who is a
defaulter, as surety or otherwise, upon any obligation to CITY, or who is
deemed irresponsible or unreliable by CITY.
15.3 CITY reserves the right to make a pre -award inspection of the Proposer's
facilities and equipment prior to award of Contract.
16. INSURANCE
16.1 Proposer agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations
now in effect, or hereinafter enacted during the term of this agreement that
are applicable to Proposer, its employees, agents, or Subcontractors, if
any, with respect to the work and services described herein.
16.2 Proposer shall obtain at Proposer's expense all necessary insurance in
such form and amount as required by the City's Risk Manager before
beginning work under this Agreement. Proposer shall maintain such
insurance in full force and effect during the life of this Agreement.
Proposer shall provide to the City's Risk Manager certificates of all
insurance required under this section prior to beginning any work under
this Agreement.
16.3 Proposer shall indemnify and save the City harmless from any damage
resulting to it for failure of either Proposer or any Subcontractor to obtain
or maintain such insurance.
tr1
of
Division
16.4 The following are required types and minimum limits of insurance
coverage, which the Proposer agrees to maintain during the term of this
contract:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $2,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
16.5 The City reserves the right to require higher limits depending upon the
scope of work under this Agreement.
16.6 Neither Proposer nor any Subcontractor shall commence work under this
contract until they have obtained all insurance required under this section
and have supplied the City with evidence of such coverage in the form of
an insurance certificate and endorsement. The Proposer will ensure that
all Subcontractors will comply with the above guidelines and will maintain
the necessary coverage throughout the term of this Agreement.
16.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating
Guide and be licensed to do business in Florida. Policies shall be
"Occurrence" form. Each carrier will give the City sixty (60) days notice
prior to cancellation.
16.8 The Proposer's liability insurance policies shall be endorsed to add the
City of Tamarac as an "additional insured". The Proposer's Workers'
Compensation carrier will provide a Waiver of Subrogation to the City.
16.9 The Proposer shall be responsible for the payment of all deductibles and
self -insured retentions. The City may require that the Proposer purchase a
bond to cover the full amount of the deductible or self -insured retention.
16.10 If the Proposer is to provide professional services under this Agreement, the
Proposer must provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per occurrence and in
the aggregate. "Claims -Made" forms are acceptable for Professional
Liability..
16.11 The Successful Proposer agrees to perform the work under the Contract as
an independent Contractor, and not as a subcontractor, agent or employee
Of CITY.
17
City_ of Tamarac _ Purchasing & Contracts Division
16.12 Builder's Risk Insurance: In an amount not less than The -Replacement Cost
for the construction of the work. Coverage shall be "All Risk" coverage for
one hundred (100%) of the completed value with a deductible of not more
than five thousand and xx/100 dollars ($5,000) per claim.
17. INDEMNIFICATION
17.1 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 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 the contract and shall
pertain to any occurrence during the term of this contract, even though the
claim made be made after the termination hereof.
17.2 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.
17.3 The Successful Proposer shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
17.4 CITY reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated therewith
shall be the responsibility of Successful Proposer under the indemnification
agreement. Nothing contained herein is intended nor shall it be construed to
waive CITY's rights and immunities under the common law or Florida Statute
768.28 as amended from time to time.
18. WARRANTIES
18.1 Successful Proposer warrants to CITY that the consummation of the work
provided for in the Contract documents will not result in the breach of any
term or provision of, or constitute a default under any indenture, mortgage,
contract, or agreement to which Successful Proposer is a party.
18.2 Successful Proposer warrants to CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
18
of Tamarac
& Contracts
18.3 Successful Proposer warrants to CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
18.4 All warranties made by Successful Proposer together with service warranties
and guaranties shall run to CITY and the successors and assigns of CITY.
19. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Successful Contractor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, gender, sex, age, marital status, political affiliation, familiar 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, national origin or disability. Such action 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
Successful Proposer(s) 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.
20. TAXES
Successful Proposer shall pay all applicable sales, consumer use and other similar
taxes required by law.
21. PERMITS, FEES AND NOTICES
Contractor shall be responsible for securing all City Building permits if applicable,
however all State, County and City permit fees are waived. The Contractor shall
secure and pay for all Non -City required permits and fees, licenses and charges
necessary for the proper execution and completion of the work. The costs of these
.permits, fees, licenses and charges shall be included in the price Proposal, except
where expressly noted in the specifications requirement
22. TERMINATION FOR CAUSE AND DEFAULT
In the event Successful Proposer shall default in any of the terms, obligations,
restrictions or conditions in any of the Proposal documents, CITY shall give written
notice by certified mail, return receipt requested to Successful Proposer of the
default and that such default shall be corrected or actions taken to correct such
default shall be commenced within thirty (30) calendar days thereof. In the event
Successful Proposer has failed to correct the conditions of default or the default is
not remedied to the satisfaction and approval of CITY, CITY shall have all legal
remedies available to it, including, but not limited to termination of the Contract in
which case Successful Proposer shall be liable for all procurement and re -
procurement costs, and any and all damages permitted by law, arising from the
default and breach of the Contract.
19
Chy of Tamarac Purchasing & Contracts Division
23. TERMINATION FOR CONVENIENCE
An executed Agreement for this project 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 the
contract or causes it to be terminated, Contractor shall indemnify the City against
loss pertaining to this termination.
24. CANCELLATION FOR UNAPPROPRIATED FUNDS
The obligation of the City for payment to a Contractor is limited to the availability
of funds appropriated in current fiscal period, and continuation of the contract into
a subsequent fiscal period is subject to appropriation of funds, unless otherwise
authorized by law.
25. AUDIT RIGHTS
CITY reserves the right to audit the records relating to this contract of Successful
Proposer at any time during the performance and term of the Contract and for a
period of three (3) years after completion and acceptance by CITY. If required by
CITY, Successful Proposer shall agree to submit to an audit by an independent
certified public accountant selected by CITY. Successful Proposer shall allow CITY
to inspect, examine and review the records of Successful Proposer at any and all
times during normal business hours during the term of the Contract.
26. ASSIGNMENT
26.1 Successful Proposer shall not assign, transfer or subject the Contract or its
rights, title or interests or obligations therein without CITY'S prior written
approval.
26.2 Violation of the terms of this paragraph shall constitute a breach of the
Contract by Successful Proposer and CITY may, at its discretion, cancel the
Contract and all rights, title and interest of Successful Proposer shall
thereupon cease and terminate.
20
of Tamarac
& Contracts Division
PROPOSALFORM
RFP 06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
SUBMITTED TO:
City of Tamarac
Senior Procurement Specialist
7525 NW 881" Avenue
Tamarac, Florida 33321
1. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to
enter into an Agreement with CITY to perform and furnish all work as specified or
indicated in the Proposal and Contract Documents for the Contract price and
within the Contract time indicated in the Proposal and in accordance with the
other terms and conditions of the Proposal and Contract Documents.
2. Proposer accepts and hereby incorporates by reference in this Proposal Form all
of the terms and conditions of the Request for Proposal and Instructions to
Proposers, including without limitation those pertaining to the disposition of
Proposal Security.
3. The Proposer has become fully informed concerning the local conditions, and
nature and extent of work, and has examined all Contract Documents.
4. Proposer has given the Senior Procurement Specialist or designee written notice
of all conflicts, errors or discrepancies that it has discovered in the Contract
and/or Proposal documents and the written resolution thereof by the Senior
Procurement Specialist or designee is acceptable to Proposer.
5. Proposer proposes to furnish all labor, materials, equipment, machinery, tools,
transportation, supplies, services, and supervision for the work described as
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION.
6. Proposer will provide design/build services to the City at the prices indicated on
the following page.
21
City of Tamarac Purchasing & Contracts Division
PROPOSALFORM
(continued)
RFP 06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
ITEM
DESCRIPTION
TOTAL COST
A.
Site Plan/PSC Design
$
B.
Construction
$
TOTAL DESIGN/BUILD COST
$
Proposing Company Name:
Authorized Signature:
Printed Name of Authorized Signer:
NOTE: Proposal Forms submitted without the manual signature of an officer of the
Proposing firm may be deemed non -responsive and ineligible for award.
22
of Tamarac
& Contracts Division
PROPOSAL FORM
(continued)
RFP 06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
Delivery/completion: calendar days after receipt of City's Notice to Proceed.
(Must correlate with any other completion timeline offered in submittal by Proposer).
The delivery/completion time entered above must be defendable, per the required
milestone event schedule to be submitted with your proposal. (Reference Section III..
ProposaLE,eguirements, Item A. Technical Pro os I Paragraph 4. on page 4).
IF "NO RFP" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Proposal is not being submitted at this time.
23
City of Tamarac Purchasing & Contracts division
TRENCH SAFETY
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total
Bid 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:
TRENCH SAFETY MEASURE
(Description)
UNITS OF
MEASURE
(LF/SF)
UNIT
(Qty)
UNIT -COST
EXTENDED
COST
A.
$
$
B.
$
$
C.
$
$
D.
$
$
TOTAL
$
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non -responsive.
(Date) (Signature)
ACKNOWLEDGEMENT
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
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 , 20_.
NOTARY PUBLIC
My Commission Expires:
24 Trench Safety Form
1 of 1
of Tamarac
& Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE RFP
We (1), the undersigned, hereby agree to furnish the 'item(s)/service(s) described in the,
Request for Proposal. We (1) certify that we(I) have read the entire document, including
the Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Offerors, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire RFP.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other", Explain:
Authorized Signature
Title
Company Name
Address
City/State/Zip
Contact Email Address
Name (Printed or Typed)
Federal Employer I.D./Social Security No.
Telephone
Fax Number
Contact Person
25 Certification Form
1 of 9
of Tamarac
Purchasing & Contracts Division
CERTIFIED RESOLUTION
i. (Name), the duly elected Secretary of
(Name of Corp.), a corporation organized and existing under the laws of
the State of , 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 (Name)", the duly
elected (Title of Officer) of
(Name of Corp.) be and is hereby authorized to execute and
submit a RFP 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
RFP, 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.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this _day of , 20_.
(SEAL)
Secretary
Corporate Title
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 RFP and Bid Bond for the
corporation has been properly empowered by the corporation to do so in its behalf.
26 Certified Resolution
Soft
of Tamarac
& Contracts Division
FORM PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
CONTRACTOR, and,
as Principal, hereinafter called
as Surety, are
bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the
amount of , , Dollars ($ ) for the
payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project
No.: awarded the day of , 20_, with OWNER for
which contract is
by reference made a park hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or
arising out of the acts, omissions or negligence of CONTRACTOR), expenses,
costs and attorneys fees including attorney's fees incurred in appellate
proceedings, that OWNER sustains because of default by CONTRACTOR under
the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 713.01
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosecution of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force
and effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR
and who has not received payment for his labor, materials, or supplies
shall, within forty five (45) days after beginning to furnish labor, materials,
or supplies for the prosecution of the work, furnish to the CONTRACTOR
a notice that he intends to look to the Bond for protection.
2.2 A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the non-payment.
27 Form Payment Bond
1 of 3
of Tamarac
& Contracts Division
.........................
2.3 Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES
Secretary Principal
(AFFIX SEAL)
IVi9119ilk I*&*]M
Secretary
(AFFIX SEAL)
IN THE PRESENCE OF:
By
Signature and Title
Type Name and Title signed above
Surety
By
Signature and Title
Type Name and Title signed above
INSURANCE COMPANY:
By Agent and Attorney -in -Fact
I_T'54oRm
City/State/Zip Code
Telephone
28 Form Payment Bond
2of3
of Tamarac
and Contracts Division
ACKNOWLEDGMENT
FORM PAYMENT BOND
State of
County of
On this the day of , 20, before me, the
undersigned Notary Public of the State of Florida, the foregoing instrument was
acknowledged by:
(Name of Corporate Officer)
,a
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
(Title)
of
(State of Corporation)
NOTARY PUBLIC, STATE OF
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
CERTIFICATE AS TO PRINCIPAL
I, , certify that I am the Secretary of the Corporation
named as Principal in the foregoing Payment Bond; that
who signed the Bond on behalf of the Principal, -was then
of said Corporation; that I know his/her signature; and his/her signature thereto is
genuine; and that said Bond was duly signed, sealed and attested to on behalf of said
Corporation by authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
29 Form Payment Bond
3of3
of Tamarac
and Contracts Division
FORM PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirement of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and,
as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called
OWNER, in the amount of Dollars, ($ )
for the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project
No.: awarded the day of , 20_, with OWNER for
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Fully performs the Contract between the CONTRACTOR and the OWNER dated
, 2002, for the
within calendar days after the date of contract
commencement as specified in the Notice to Proceed and in the manner
prescribed in the Contract; and
2. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or
arising out of the acts, omissions or negligence of CONTRACTOR), expenses,
costs and attorney's fees and costs, including attorney's fees incurred in
appellate proceedings, that OWNER sustains because of default by
CONTRACTOR under the Contract; and
3. Upon notification by the OWNER, corrects any and all defective or faulty work or
materials, which appear within one (1) year after final acceptance of the work.
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void, otherwise it remains in
full force.
Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under
the Contract, the OWNER having performed OWNER'S obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1 Complete the Contract in accordance with its terms and conditions; or
BO Form Performance Bond
9 of 4
of Tamarac
and Contracts Division
4.2 Obtain. a bid or bids for completing the Contract in accordance with its
terms and conditions, and upon determination by Surety of the best, lowest,
qualified, responsible and responsive Bidder, or, if the OWNER elects, upon
determination by the OWNER and Surety jointly of the best, lowest, qualified,
responsible and responsive Bidder, arrange for a contract between such Bidder
and OWNER, and make available as work progresses (even though there should
be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance of the Contract
price," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments thereto,
less the amount properly paid by OWNER to CONTRACTOR.
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the OWNER named herein and those persons or corporations
provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators
or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20^
WITNESSES
Secretary
(AFFIX SEAL)
WITNESSES
Secretary
(AFFIX SEAL)
31
Principal
By
Signature and Title
Type Name and Title signed above
Surety
By
Signature and Title
Type Name and Title signed above
Form Performance Bond
2of4
of Tamarac
and Contracts Division
IN THE PRESENCE OF:
State of
INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
City/State/Zip Code
Telephone
ACKNOWLEDGMENT
FORM PERFORMANCE BOND
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
F7
of
(Title)
(State of Corporation)
NOTARY PUBLIC, STATE OF
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
32 Form Performance Bond
3 of 4
of Tamarac
and Contracts Division
CERTIFICATE AS TO PRINCIPAL
i, certify that I am the Secretary of the Corporation
named as Principal in the foregoing Performance Bond; that
who signed the Bond on behalf of the Principal, was then
of said Corporation; that I know his/her signature; and his/her signature thereto is
genuine; and that said Bond was duly signed, sealed and attested to on behalf of said
Corporation by authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
33 Form Performance Bond
4 of 4
of Tamarac Purchasing and Contracts division
APPLICATION FOR PAYMENT
Contract Title:
Contract/Purchase Order No.:
Contract Change Order Value:_
Cumulative No. Change Orders:
Original Contract Value:
Current Contract Value:
Application for Payment is made, as shown below:
1. Original Contract Sum
2. Net Change by Change Orders
3. Contract Sum to Date
(line 1 (+) or (-) line 2)
4. Total Completed and Stored to Date
5. Retainage
a. 10% of Completed Work
b. 10% of Stored Material
c. Total Retainage (line 5a + line 5b)
6. Total Earned less Retainage
(line 4 — line 5c)
7. Less Previous Application For Payment
(subtract line 6 from prior A.F.P.)
8. Current Payment Due
9. Balance to Finish, plus Retainage
(line 3 — line 6)
Submitted by:
Approved for Payment:
Contractor
Project Manager
i
Date:
Date:
34 APPlication for Payment
1 of 1
of Tamarac
and Contracts Division
CHANGE ORDER
DATE OF ISSUANCE: CHANGE ORDER NO.
OWNER: PROJECT
CITY OF TAMARAC NAME:
7525 NW 88t" Avenue
Tamarac, FL 33321-2401
BID NO.
CONTRACTOR
PROJECT NO.
P.O. NUMBER
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL
MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN
THE PLANS AND SPECIFICATIONS:
DESCRIPTION:
PURPOSE OF CHANGE ORDER:
CHANGE IN CONTRACT PRICE
Original Contract Price
CHANGE IN CONTRACT TIME
Original Contract Time
Previous Change Order No. to No. Net change from previous change orders
$
Contract Price prior to this Change Order Contract Time prior to this Change Order
Net (increase) of this Change Order Net (Increase) of this Change Order
$
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
RECOMMENDED APPROVED APPROVED
BY BY BY
Director City Manager Contractor
Date Dat Dat
8 0
of Tamarac
and Contracts Division
FINAL RELEASE OF LIEN BY CONTRACTOR
STATE OF FLORIDA:
COUNTY OR BROWARD:
The undersigned contractor, under a certain contract with the City of Tamarac,
dated , 2p , in connection with the following public work:
PROJECT: CONTRACT NO.
does hereby acknowledge receipt of the full contract price of $ , as
modified by change order, addenda, etc., and hereby releases and discharges all liens, lien
rights, claims or demands of any kind whatsoever which the undersigned contractor now
has or might have against the City of Tamarac arising out of said contract or in connection
with the aforesaid public improvement.
That all claims, liens or other entitlements for labor, services, materials or supplies
furnished, in connection with the aforesaid improvement have been fully paid. That an
affidavit on behalf of the contractor, signed by ,
has been furnished to the City of Tamarac, as well as final releases of lien executed by all
materialmen and subcontractor regardless of their tier.
IN WITNESS WHEREOF, the contractor has caused this release to be executed in its
name and under its seal by its proper officers, this day of ,
20
Signed, Sealed and Delivered
in the Presence of:
Corporate Secretary Signature
Type Name
Contractor
President Signature
Type Name
36
Final Release of Lien
1 of 2
Auk
City of Tamarac Purchasing and Contracts Division
ACKNOWLEDGMENT
FINAL RELEASE OF LIEN
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
37 Final Release of Lien
2 of 2
City of Tamarac Purchasing and Contracts Division
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
38 List of Subcontractors
1 of 1
of Tamarac
and Contracts Division
SAMPLE
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of , 2004
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and ,
a corporation with principal offices located at
(the "Contractor") to provide for
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 Document No.
, 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 as issued by the City, and the Contractor's Proposal,
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
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.
39
Sample Agreement
1 of 11
of Tamarac
and Contracts Division
3) Insurance
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.
3.1. Contractor shall obtain at Contractor's expense all necessary insurance it
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 days from issuance of
all required permits for construction of the Project and Contractor's receipt
of City's official Notice to Proceed, subject to any permitted extensions of
time under the Contract Documents. For the purposes of this Agreement,
substantial completion shall mean the issuance of a temporary Certificate
of Occupancy.
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
40 Sample Agreement
2 of 11
City of Tamarac Purchasing and. Contracts Division
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 Dollars and
cents ($ ).
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 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.
41 Sample Agreement
3of11
of Tamarac
and 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.
8.4The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5Any 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 at least fifteen
(15) days prior to the substantial completion date of the project. 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
42 Sample Agreement
4of11
of Tamarac
and Contracts Division
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.
8.71n 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) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City from all claims
of liability by Contractor in connection with the agreement.
1 Q) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of completion of work. 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 substantial completion of the
entire project, and the subsequent release of any Performance or Payment Bonds,
which may be required by the original bid document.
11) Indemnification
11.1 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
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
........... __.
43 Sample Agreement
5of11
of Tamarac
Purchasing and Contracts Division
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.
11.2 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
12) 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.
13) 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
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.
44
Sample Agreement
6of11
of Tamarac
and Contracts Division
14) 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.
15) 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
16) Termination
16.1 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,
16.2 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
_ ..............
45 Sample Agreement
7ofII
of Tamarac
and Contracts Division
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.
17) 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.
18) 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.
19) 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.
20) 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.
21) Uncontrollable Circumstances
21.1 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.
21.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
46 Sample Agreement
8of11
of Tamarac
and Contracts Division
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.
22) 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.
23) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
........_...._.
47 Sample Agreement
9ofII
City of Tamarac Purchasing and 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
duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
Date
48 Sample Agreement
10 of 11
of Tamarac
and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
F
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
, of
a 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 , 2o,,,,_.
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
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.
49 Sample Agreement
if of 11
City of Tamarac Purchasing and Contracts Division
ATTACHMENT "A" DESIGN CRITERIA PACKAGE
RFP #06-03R
DESIGN/BUILD OF TAMARAC PUBLIC SERVICES COMPLEX ADDITION
SCOPE OF SERVICES
The Successful Offeror, hereinafter referred to as the Offeror, shall enter into an
Agreement with the City of Tamarac, Florida, hereinafter referred to as the CITY, for the
purpose of the Design/Build of the Tamarac Public Services Complex Addition,
developing cost estimates with product specifications, design plans and details, and
construction of the Addition in accordance with the terms, conditions, and specifications
contained in this Request for Proposals (RFP).
The scope of this proposal includes the following components:
+ Offerors are requested to provide professional services, labor, equipment,
materials, insurance and incidentals for the design/build of the Tamarac Public
Services Complex Addition located on the northwest corner of Nob Hill Road and
State Street (location map and legal description attached) consisting of 10+/-
acres.
• The project budget is $3,200,000
• Work shall be completed in accordance with the latest editions of all federal,
State, County, local codes and industry standards if greater than code
requirements.
• Soil borings and engineering report for structures requiring a building permit shall
be furnished by the Offeror.
+ Offeror shall be responsible for all permit submissions, fees, and associated
costs, including the City Public Art Fee of 1 % of building construction cost. City
permit fees will be waived, but County fees collected by the City for permits are
the responsibility of the Offeror. These fees are, at the time of this writing,
$0.3511000 for BORA and $0.3011000 for EDS.
• Offeror is responsible for all site plan submissions to the City's Development
Review Process, including DRC, Planning Board and City Commission
approvals.
• Offeror is responsible for all utilities and drainage necessary for a complete
project in accordance with current standards.
2. PRELIMINARY SITE PLAN DESIGN
• Office/Warehouse Building 20,000 sq. ft.
o Office Space 13,000 sq. ft.
■ Fully enclosed offices
■ (2) Conference Rooms (seating for 20) with wall/ceiling mounted
TV
■ Training Room (seating for 70)
50 Attachment A Design Criteria Package
1 of 7
of Tamarac
and Contracts Division
■ Computer Data Center
■ Lunch Room
■ Locker Room/Showers
■ Janitorial areas
■ Office supply storage areas
■ Large copier, fax, security equipment and mail distribution area
o Warehouse Space 7,000 sq. ft.
■ 1,200 sq. ft. of warehouse space under air.
■ 2,800 sq. ft. warehouse with roll up door
■ 2,000 sq. ft. Mechanical Shop with roll up door and ceiling mounted
rail hoist system
■ 1,000 sq. ft. Electrical Shop with double door
o Entire structural envelop hardened to withstand 161 mph wind storm.
o Automatic wet -pipe fire protection sprinkler system.
o Flag pole (30') with photo sensor lighting
• Parking
o 150 parking spaces, plus required handicap parking, including
■ (4) extra large spaces 12'x 52'
■ (20) large spaces 12'x 30'
■ (126) regular spaces
■ (1) semi trailer loading dock
■ Sufficient area for ingress/egress of large delivery trucks
■ Connect parking area to existing Complex for ingress and egress
• Chemical Storage Building 1,200 sq. ft.
o Three bays with access doors
o One bay air conditioned, with light switch activated power vent
• Utilities Storage Shed 5,600 sq. ft.
o Three sided 20' high x 160' long x 35' deep, metal pre-engineered building
o Electric for lights and standard outlets
• Outdoor Staging Area Approx. 2 Acres
o Unpaved, Lighted, Graded Area for Loose Material Storage with Jersey
Barrier Cells
o Unpaved Storage Area for Pipe and Materials
• Emergency Backup Generator
o Enclosed
o Sufficient to power all PSC Addition needs
o Day tank and above ground fuel storage tank (100.0 gallons)
o Automatic transfer switch
o Complex Addition will be fenced, with automatic security gate
59 Attachment Design Criteria Package
2of7
of Tamarac
Purchasing and Contracts Division
3. PRELIMINARY ELECTRICAL, DATA AND COMMUNICATIONS NEEDS
Wiring Requirements
o 16 count single count fiber optic from Utilities Building
o (2) two port Cat 6 outlets in each office (2 per office)
o (2) two port Cat 6 outlets in every wall in work room, reception area,
conference rooms and training room
o (2) Cat 6 outlets and (2) power outlets inside ceiling in designated areas
for wireless application
o All Cat 6 terminated in the Data Center on a patch panel inside an existing
equipment rack
o Cable TV outlets in training room, lunch room, conference rooms and
director's offices
o Fire and security alarm system, compatible to existing (proximity sensor)
o (8) external security cameras with centralized monitoring and recording
o Power and Cat 6 data ports every 10 feet in training room
o Power and Cat 6 data port in training room ceiling
o AV system wiring in conference rooms and training room for power
controlled recessed screen, ceiling mounted projector, data, audio and
video connection ports on the wall
o Compatible proximity reader security on all external doors
• Data Center
o 500 sq. ft.
o Raised floors
o Halogen fire suppression system
o Dedicated, separate A/C
o Dedicated 15 KVA UPS (110 v)
o 110V and 220V power
o Compatible proximity reader security access doors
o (2) Wall mounted plasma displays (37") with VGA wiring into the
equipment rack and coax wiring to cable TV
4. OTHER DESIGN CONSIDERATIONS
• Locker Rooms
o Men's locker room will have (4) shower stalls, (4) ventilated bathroom
stalls, and (44) lockers
o Women's locker room will have (1) shower stall, (2) ventilated bathroom
stalls, and (6) lockers
• Lunch Room
o Seating for 12
o Wired for 110V and 220V
o Cabinets, counters, sink, disposal
52 Attachment A Design Criteria Package
3of7
of Tamarac
and Contracts Division
o Room and wiring for stove/oven, refrigerator, coffee station, microwave
o Wall/ceiling mounted 27" TV
Training Room
o Fixed visual display board
o Electric roll down projection screen (recessed in ceiling)
o (4) wall/ceiling mounted TVs set up for presentations hooked up to cable
TV and audio/visual equipment
Landscaping will be drought tolerant xeriscaping using native plants, except as required
by code
5. GENERAL REQUIREMENTS OF OFFER
• Construction schedule is based on City occupancy on or before December 14,
2007. Offeror's schedule is to be submitted as part of this proposal.
• Offeror will work closely with City staff and Commission on final design.
• Offeror will supply City with 12 copies of final plan.
• Offeror will supply City with 3 "as -built" drawings, and a digital file of completed
work in AutoCad 2006.
6. SPECIAL TERMS
Liquidated Damages:
Upon failure of Offeror to complete the work within the time specified in the Agreement
(plus approved extensions, if any), Offeror shall pay the City the sum of $678 per
calendar day, which includes bond interest, manpower and administration cost beyond
the specified time of completion, as a fixed and agreed upon liquidated damages, and
not as a penalty. City shall have the right to deduct from and retain out moneys which
may be due or which may become due and payable to Offeror, the amount of such
liquidated damages and if the amount retained by the City is insufficient to pay in full
such liquidated damages, Offeror shall pay in full such liquidated' -damages.
These liquidated damages will not prohibit the City from recovering ascertainable actual
damages incurred as a result of the same delay to which the liquidated damages apply.
Performance, Payment and Warranty Bonds:
Within fifteen (15) calendar days after the contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a
current certificate of authority from the Secretary of Treasury of the United State as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570. The Contractor shall be required to provide acceptable,
separate Performance and Payment Bonds in the amount of 100% of the bid amount.
53 Attachment A Design Criteria Package
4of7
of Tamarac
and Contracts Division
The Performance Bond shall be conditioned that the Successful Bidder performs the
contract in the time and manner prescribed in the contract. The Payment Bond shall be
conditioned that the Successful Bidder promptly make payments to all persons who
supply the Sucessful Bidder in the prosecution of the work provided for in the contract
and shall provide that the surety shall pay the same in the amount not exceeding the
sum provided in such bonds, together with interest at the maximum rate allowed by law
and that they shall indemnify and save harmless the CITY to the extent of any and all
payments in connection with the carrying out of said contract which the CITY may be
required to make under the law.
Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with
the final sum of said bonds reduced after final payment to an amount equal to twenty-
five percent (25%) of the Contract price, or an additional bond shall be conditioned that
the Successful Bidder correct any defective or faulty work or material which appear
within one (1) year after final completion of the Contract, upon notification by CITY. The
Warranty Bond shall cover the cost of labor as well as materials.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, it shall be the
duty of the Contractor to record the aforesaid payment and performance bonds in the
public records of Broward County, with the Contractor to pay all recording costs.
Insurance:
Offeror agrees to, in the performance of work and services under this Agreement,
comply with all federal, state, and local laws and regulations now in effect, or hereinafter
enacted during the term of this agreement that are applicable to Offeror, its employees,
agents, or Subcontractors, if any, with respect to the work and services described
herein.
Offeror shall obtain at Offeror's expense all necessary insurance in such form and
amount as required by the City's Risk and Safety Officer before beginning work under
this Agreement. Offeror shall maintain such insurance in full force and effect during the
lift of this Agreement. Offeror shall provide to the City's Risk and Safety Officer
certificates of all insurance required under this section prior to beginning any work under
this Agreement.
Offeror shall indemnify and save the City harmless from any damage resulting to it for
failure of either Offeror or any Subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the
Offeror agrees to maintain during the term of this contract:
64 Attachment A Dosign Criteria Package
5of7
of Tamarac
and Contracts Division
Line of Business/Coverage
Commercial General Liability
Limits
Occurrence
$1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Commercial Automobile Liability
Workers' Compensation & Employer's
Liability
Professional Liability (Errors and Commissions)
Insurance
$1,000,000
Amresate
$1,000,000
$1,000,000
Statutory
$1,000,000
Builder's Risk Insurance: In an amount not less than T REPLACEMENT COST
for the construction of the work. Coverage shall be "All Risk" coverage for one
hundred percent (100%) of the completed value with a deductible of not more
than five thousand and xx/100 dollars ($5,000) per claim.
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement.
Neither Offeror nor any Subcontractor shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the City
with evidence of such coverage in the form of an insurance certificate and endorsement.
The Offeror will ensure that all Subcontractors will comply with the above guidelines
and will maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. - Policies shall be "Occurrence" form. Each carrier
will give the City sixty (60) days notice prior to cancellation.
The Offeror's liability insurance policies shall be endorsed to add the City of Tamarac as
an "additional insured." The Offeror's Workers' Compensation carrier will provide a
Waiver of Subrogation to the City.
55 Attachment A Design Criteria Package
6ofi
City of Tamarac Purchasing and Contracts Division
The Offeror shall be responsible for the payment of all deductibles and self -insured
retentions. The City may require that the Offeror purchase a bond to cover the full
amount of the deductible or self -insured retention.
If the Offeror is to provide professional services under this Agreement, the Offeror must
provide the City with evidence of Professional Liability insurance with, at a minimum, a
limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are
acceptable for Professional Liability.
The Successful Offeror agrees to perform the work under the Contract as an
independent Contractor, and not as a subcontractor, agent, or employee of CITY.
56 Attachment A Design Criteria Package
7 of 7
City of Tamarac
Ito "Committed to Excellence... Always"
Purchasing and
Contracts Division
ADDENDUM NO.1
BID NO.06-03R
DESIGN/BUILD TAMARAC PUBLIC SERVICE COMPLEX ADDITION
DATE OF ADDENDUM: MARCH 14, 2006
TO ALL PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-03R, Design/Build of the City of Tamarac's Public
Service Complex Addition.
The Step 2 Proposal due date has been changed from April 3rd to April 17, 2006 at 4:00
PM. Accordingly, the original Schedule of Events contained in the. Step 2 document, has
been revised as follows and is subject to further revision if determined necessary by
City.
Proposal Evaluations including Presentations April 18-26
Contract Negotiation with highest ranked firm April 27-May 8
Award of Contract May 24
Proposals must be stamped in on or before Monday, April 17, 2006, 4:00 PM in the
Purchasing Offide, Room 108, City of Tamarac, 7525 NW 88m Ave, Tamarac, FL 33321.
All other terms, conditions and specifications remain unchanged for RFP No. 06-03R.
Please acknowledge receipt of this Addendum No. 1, by returning it and/or
acknowledging it:in your submittal.
NAME OF COMPANY:
7525 NW 88th Avenue in Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 5 www.tamarac.org
Equal Opportunity Employer
Purchasing and
Contracts Division
City of Tamarac
"Committed to Excellence... Always"
ADDENDUM NO.2
BID NO. 06-03R
DESIGN/BUILD TAMARAC PUBLIC SERVICE COMPLEX ADDITION
DATE OF ADDENDUM: MARCH 21, 2006
TO ALL PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-03R, Design/Build of the City of Tamarac's Public
Service Complex Addition.
1. Q: "Please provide the names of the design -build teams that were short-listed for
this project."
A: The short-listed firms are Di Pompeo Construction Corporation, Southern
Construction Inc., and MBR Construction Inc.
2. Q: "Is there a master storm water plan available? And, if so, how may we obtain
a copy?"
A: There is a Master Storm Water plan for the Industrial Park. We will make it
available to the proposers.
3. Q: "The RFP documents state that the short-listed firms cannot contact any
persons at the City except for the person administering the RFP. Please clarify
whom we may contact to complete our due diligence on the project (i.e. facilities
manager and/or maintenance manager of existing Tamarac Public Services
facilities, County and/or City permitting facilitator, others in Purchasing, local
utility company, etc.)."
A: Continue to contact Jim Nicotra, in Purchasing by phone, fax or e-mail in to
coordinate approved contacts.
7525 NW 88fh Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.famorac.org
Equal Opportunity Employer
City of Tamarac Purchasing & Contracts Division
4. Q: "Our design -build team would like to request a meeting with individuals, who
are not on the selection committee but who are integral parts of this project, at
the site to ask specific questions to complete our due diligence. Is it possible to
request a date and time before proposals are due and at the group's earliest
convenience? If so, which individuals (i.e. facilities, maintenance, permitting,
purchasing, local utility company, etc.) would be able to attend?"
A: Several City employees not on the evaluation committee might be available
depending on their schedules and calendars. Their availability or unavailability
shall not be a consideration to delay this RFP process.
Scott London, Operations Manager, Utilities Dept, 954-597-3753
Doug Ritchie, Operations Manager, Public Works Dept, 954-597-3727
Chris King, Director, Community Development Dept, 954-597-3542
Ken McIntyre, Building Operations Mgr, Building & Code, 954-597-3447
5. Q: "Please expand on the current permitting and approval processes, including
all submittal requirements, deadlines for submission, estimated timetables, etc."
A: The design will need to be approved through the City's Development Review
Committee, Planning Board, and City Commission. The calendar of meetings,
and their required submission cut off dates to follow. The successful Offeror will
also be responsible for all City, County and/or State permits required for utilities,
storm water, etc.
6. Q: 'Will the City please make available any existing soil boring information (i.e.
geotechnical reports) for the Tamarac Public Services Complex buildings that
currently surround the proposed facilities? How can we receive copies of as -built
information?"
A: We have limited soil boring information on the existing Public Services
Complex site, but will make what we have available. We will make existing "as -
built" plans available as needed.'
7. Q: "Regarding the published budget of $3, 200, 000, please clarify the City's
goals for this project (i.e. designed and constructed to meet this budget OR
designed and constructed to meet the specifications of the design criteria
package, even though the budget will be exceeded?). Therefore, is it acceptable
to reduce the scope or square footage of the project in order to keep the project
within budget, or is there additional funding available to add to the current budget
to meet the cost of the project per the City's current specifications?"
A: We want this project to be designed and constructed to meet the
specifications of the Design Criteria report, even if it requires exceeding the
published budget. 20% of the submittal evaluation will be based on price.
Addendum No. 2 032106.doc
of Tamarac
Purchasing & Contracts Division
8. Q: "Regarding the current proposal due date, our team strongly feels that 14
business days is not adequate time to perform the correct due diligence,
complete drawings and obtain correct pricing from subcontractors. Therefore,
our team requests an extension to the current proposal schedule of four (4)
weeks with a revised proposal due date of May 1, 2006."
A: Reference Addendum No. 1
9. Q: "Regarding materials testing, is this a "special inspector" building?"
A: A "Special Inspector" most likely will be needed, depending on type of
construction.
10. Q: "Is this project under City or County jurisdiction?"
A: The project is under City jurisdiction
11. Q: "Is there a Board or City Council meeting where the selection committee's
chosen firm must be approved before the project may commence, or is the
decision of the selection committee final? Please provide meeting and approval
schedules."
A: The recommendation of the Committee must be approved by the City
Commission. This is currently scheduled to occur at the Commission Workshop
on May 22, 2006, and the Commission Meeting of May 24, 2006.
12. Q: 'Which is the required clearance height of the warehouse space?"
A: Required warehouse clearance - 10' overhead door, 14' ceiling.
13. Q: "Do you have a soil report for this site?"
A: We do not have a soil boring report for this site. I will make available the
PSC soils information.
14. Q: "Do you have a survey report for this site?"
A: We have a current survey of the property.
15. Q: "Do you have a flow test report for this site?"
A: We do not have a flow test for the property.
16. Q: 'What is the size of the offices required? Are different sizes required for
various level staff (director, engineer, inspector, etc.)?"
A: Different size offices are required for different positions.
17. Q: `Is there a requirement for open bullpen area with modular furniture offices?"
A: There is no modular furniture included in this contract.
Addendum No. 2 032106.doc
of Tamarac
& Contracts Division
18. Q: "Please provide current site survey for the proposed site."
A: Site survey will be made available with Addendum No. 2".
19. Q: "RFP states connection to existing adjacent site. Please provide survey or
site plan for existing adjacent site."
A: PCS site plan will be made available with Addendum No.2."
20. Q: "Please provide sail -boring report."
A: Soil boring information will be provided with Addendum No. 2."
21. Q: "Arse there existing trees to remain on site? Is there a current tree survey
available?"
A: There are no trees on this site. However, Offeror must meet City landscape
requirements.
22. Q: "Are there any existing drainage permits for this site?"
A: There is a storm water master plan for this site. We will make it available
when we locate the current revision.
23. Q: "What is the minimum ceiling clearance required for the warehouse, office
spaces?"
A: The minimum clearance height for the warehouse is 10' overhead door with
14' ceiling. Offices should be standard height (8')."
24. Q: "What is the minimum number of gully enclosed" offices?"
A: We require a minimum of 32 enclosed offices.
25. Q: "Will the '1 semi trailer loading dock" be elevated? Require a dock leveler or
scissor lift? Have a covered canopy over the dock? If covered, will the cover
extend beyond the edge of,, the dock? if dock is raised, is a ramp access
required or will all loading and unloading occur from the back of the truck?"
A: The semi -trailer loading dock configuration is up to the Offeror. The intent is
for off loading semi -trailers during/after emergency storm operations.
26. Q: "'Is there any particular building type or style the new buildings must match?"
A: The new building should have architectural features consistent with the
existing Public Services Complex.
27. Q: "What is the FEMA flood level?"
A: The FEMA flood level is 9.0.
Addendum No. 2 032106.doc
City of Tamarac
& Contracts Division
Note: March 24, 2006 will be the cutoff for any additional questions or requests for
information. After Friday, March 24, additional requests for information may not be
addressed.
Proposals must be stamped in on or before Monday, April 17, 2006, 4:00 PM in the
Purchasing Office, Room 108, City of Tamarac, 7525 NW 88th Ave, Tamarac, FL 33321.
All other terms, conditions and specifications remain unchanged for RFP No. 06-03R.
Please acknowledge receipt of this Addendum No. 2, by returning it and/or
acknowledging it in your submittal.
NAME OF COMPANY:
Addendum No. 2 032106.doc
I ..
City of Tamarac
"Committed to Excellence... Always"
Purchasing and
Contracts Division
ADDENDUM NO.3
BID NO.06-03R
DESIGN/BUILD TAMARAC PUBLIC SERVICE COMPLEX ADDITION
DATE OF ADDENDUM: MARCH 23, 2006
TO ALL PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-03R, Design/Build of the City of Tamarac's Public
Service Complex Addition.
1. Q: "Please provide underground As-Builts of New Project."
A: There are no as-builts to the new project. The property is not improved.
2. Q: "Were there any existing buildings on.the site, if so, where??"
A: There have not been any buildings built on the property.
3. Q: "Please provide topographic survey or elevations of the site so we may
calculate earthwork. Survey is typically done by the owner before a Design Build
proposal submitted."
A: A survey of this property has been provided.
4. Q: "Please provide As Builts and Drawings of existing adjacent facility
(mechanical, electrical, plumbing, and utilities)."
A: The site plan for the existing Public Service Complex has been provided.
Please have your engineer contact us for additional information.
5. Q: "Will the entire 90 Acres be landscaped, irrigated and drainage even if only
part of the site will be developed?"
A: Only the portion ofthe site that is developed will be subject to paving,
drainage and landscaping requirements.
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 a (954) 597-3570 N Fax (954) 597-3565 ■ www.tomarac.org
Equal Opportunity Employer
City of Tamarac Purchasing & Contracts Division
6. Q: "Will a perimeter security fence be required around the entire 10 Acres, or
just the developed portion of the site?"
A: The perimeter security fence is just for the developed portion of the property.
7. Q; "What type of signage does City require for this proposed Complex? A
monument sign outside of the gated perimeter?"
A: A monument sign is required for entrance on State Street. It will be similar to
the existing monument on Nab Hill Road.
8. Q: "Do all buildings require 161 MPH Design Load? Standard is 140 MPH Dade
County tested. If desired 161 MPH new tests have to be performed for exterior
products like overhead doors, glass, doors, metal buildings, etc."
A: Only the main (20,000 sf) building must meet the 161 mph requirement.
9. Q: "Will City provide Soil boring reports? Typically owner provides this on
Design Build projects."
A: Soil reports have been provided.
10. Q: "Should Access/Exit be from existing Complex or Street (specify street)?"
A: Access should be provided from both State Street and into the existing
Complex.
11. Q: "Is existing debris going to be removed by City or by Offeror?"
A: The existing debris will be removed by the City.
12. Q: `Are there any underground piping, concrete footings, utilities that exist on
this Property other than what As Builts may show?"
A: There are no underground facilities on the property that we know of.
13. Q: "Is Lightning Protection required on this project?"
A: Lightning protection will not be required.
14. Q: `Is there an occupant load?"
A: The occupancy of the main building is expected to be up to 76 persons.
15. Q: "Are there any Exfiltration tests or fire flow tests from existing hydrants?"
A: No exfiltration tests or fire flow tests have been conducted.
16. Q: `Availability of existing utilities (water, sewer, gas, electric, telecom, cats,
drainage) ?"
A: Water and sewer utilities are available to this site. All other utilities must be
confirmed by the Offeror.
Addendum No, 3 032206.doc
City of Tamarac
Purchasing & Contracts Division
17. Q: "Existing master drainage permits availability?"
A: Yes, a master storm water plans exists. It will be furnished by the Owner.
18. Q: `Interior building low voltage wiring piped or free wire above ceiling?"
A: Wiring may be installed above the ceiling, except for in the data center.
19. Q: "Landscape lighting information?"
A: No landscape lighting is anticipated for this project.
20. Q: "What size battery is required for UPS in date center (i.e. run time)?"
A: The 15KvA, 100V UPS must be capable of a minimum of 15 minutes of
continuous power.
21. Q: "Will the locker rooms be air-conditioned?"
A: Locker rooms will be air-conditioned.
22. Q: Warehouse:
a. "What is the Ceiling height?"
b. `Please provide more information on ceiling mounted rail hoist system?
What is to lift?"
c. "Please provide Mechanical and Electrical Shop functions?"
d. `Is there a special coating needed on warehouse floor?"
e. "What is the intended use of warehouse? What is being warehoused?"
A: The warehouse must have a 14' minimum ceiling height. The electric hoist
system must be able to lift and transport 2 tons. The mechanical and electrical
shops will be designed as open rooms, wired for 110V and 220V. No special
coating is required for the warehouse floor. The warehouse will be used to store
utility parts.
23. Q: Parking:
a. "Is loading dock with leveler or well?"
A: The loading dock information has been provided.
24. Q: Chemical Storage Building:
a. "What Chemicals will be stored inside building?"
A: The chemical building will store chlorine (HTH) and grout material.
Addendum No. 3 032206.doc
.City of Tamarac
Purchasing & Contracts Division
25. Q: Utilities Storage Shed:
a. "What is being stored in this building?"
A: The storage shed will store equipment.
26. Q: Emergency Backup Generator.•
a. `Is emergency generator life safety or stand by generator?"
A: The emergency back up generator is for standby use.
27. Q: `At what location does the fiber optic cable come from at the existing Utilities
Building?"
A: The fiber optic cables enter the exiting Utilities Building on the north side.
28. Q: "Who will use the lockers? Are they restricted to certain departments?"
A: The lockers will be used by the Utilities employees.
29. Q: "Will there be any other Buildings to be built on this parcel? If so, what and
where?"
A: No other buildings are anticipated to be built on this property at this time.
Note: March 24, 2006 will be the cutoff for any additional questions or requests for
information. After Friday, March 24, additional requests for information may not be
addressed.
Proposals must be stamped in on or before Monday, April 17, 2006, 4:00 PM in the
Purchasing Office, Room 108, City of Tamarac, 7525 NW 88th Ave, Tamarac, FL 33321.
All other terms, conditions and specifications remain unchanged for RFP No. 06-03R.
Please acknowledge receipt of this Addendum No. 3, by returning it and/or
acknowledging it in your submittal.
NAME OF COMPANY:
Addendum No. 3 032206.doc
"EXHIBIT 2" - TR #11002
6/2612006 06-03R Public Service Complex Addition 06-03R
Committee Evaluation Totals
Proposees Name:
DGC
ME3R
SC(3
No Conflict of Interest
Adhered to the Instructlons
BACKGROUND; MOUTON
P I
E
20 POIN
CITY ENGINEER
18
16
13
DIRECTOR, UTILITIES
18
15
16
ASSISTANT DIRECTOR UTILITIES
16
15
14
DIRECTOR, BUILDING & CODE
18
17
16
MANAGEMENT INTERN
20
20
20
1 9
POINTS)
CITY ENGINEER
14
13
9
DIRECTOR, UTILITIES
14.
14
14
ASSISTANT DIRECTOR UTILITIES
12
12
12
DIRECTOR, BUILDING & CODE
15
12
12
MANAGEMENT INTERN
15
15
14
CITY ENGINEER
12
11
10
DIRECTOR, UTILITIES
13
15
10
ASSISTANT DIRECTOR UTILITIES
13.5
12
12
DIRECTOR, BUILDING & CODE
12
11
10
MANAGEMENT INTERN
15
14
15
WORK HI
0 P
CITY ENGINEER
7
5
7
DIRECTOR, UTILITIES
10
g
g
ASSISTANT DIRECTOR UTILITIE
8
7.5
7
DIRECTOR, BUILDING & CODE
10
7
8
MANAGEMENT INTERN
1 10
10
9
PROJECT C S
PROPOSAL
0
CITY ENGINEER
16.9
20
15.2
DIRECTOR, UTILITIES
16.9
20
15.2
ASSISTANT DIRECTOR UTILITIE
16.9
20
15.2
DIRECTOR, BUILDING & CODE
16.9
20
15.2
MANAGEMENT INTERN
16.9
20
15.2
PROPOSED I
LE 1 AT
2
CITY ENGINEER
20
20
20
DIRECTOR, UTILITIES
20
20
20
ASSISTANT DIRECTOR UTILITIE
18
16
16
DIRECTOR, BUILDING & CODE
20
16
17
MANAGEMENT INTERN 1
20
19
18
TOTAL POINTS
CITY ENGINEER
87.9
85
74.2
DIRECTOR, UTILITIES
91.9
93
84.2
ASSISTANT DIRECTOR UTILITIES
84.4
82.5
76.2
DIRECTOR, .BUILDING & CODE
91.9
83
78.2
MANAGEMENT INTERN 1
96.9
98 1
91.2
11
453
1 441.5 1
404
TOTAL
FUNKING
CITY ENGINEER
1
2
3
DIRECTOR, UTILITIES DEPT
2
1
3
ASSISTANT DIRCTOR, UTILITIES
1
2
3
DIRECTOR, BUILDING & CODE
1
2
3
MANAGEMENT INTERN, CITY MGR OFFICE
2
1
3
1
1 2
3
Udrive/2004 Bids/ 06-03R/EVALUATION TOTAL WORKSHEET TEMPLATE.As
Final Scoring.
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
DI POMPEO CONSTRUCTION CORPORATION
THIS AGREEMENT is made and entered into this 1,2� day of , 2006 by and
between the City of Tamarac, a municipal corporation with pnn ipal 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 provide design and build
services to construct the City of Tamarac Public Services Complex Addition.
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, Attachment "A" of this
Agreement, RFP Document No. 06-03R, including all conditions therein, (General
Terms and Conditions, Special Conditions and/or Special Provisions), Schematic site
plan, floor plan and building elevation drawings signed by the City on June 23, 2006,
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 06-03R as issued by City, and the Contractor's RFP Proposal dated April
17, 2006, RFP 06-03R as issued by City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other
Contract 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.
Agreed ont
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.
2.1.5 This Agreement assumes that the City will issue a Unity of Title for
this project so that the Design of this facility may abut the existing
Public Services Complex facility. Also, there is no work on the east
+/- 3.4 acres of this site included in this Agreement.
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 by March 14, 2008, subject to any
permitted extensions of time under the Contract Documents. For the
purposes of this Agreement, substantial completion shall mean the
issuance of a temporary Certificate of Occupancy.
2 Agreement
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 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 $ Five Million
Three Hundred Ninety Five Thousand, Five Hundred Seventy Five Dollars,
($5,395,575.00). A contingency amount of Two Hundred Thousand ($200,000.00), is
included in this "not to exceed" total. The contingency amount shall only be used to the
extent determined necessary by City and shall require prior written approval by City for
utilization. Any unused contingency amount shall belong to City. Contractor shall have
no claim to any remaining contingency balance.
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
Agreement ent
the requirements of this Agreement. The City shall be the sole judge of non-
conformance and the quality of workmanship.
8) Change Orders.
8.1 Without invalidating the contract, without any monetary compensation,
and without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered necessary or
desirable to complete the proposed construction in a satisfactory manner. The
Contractor shall not start work pursuant to a change order until the change order
setting forth the adjustments is approved by the City, and executed by the City and
Contractor. Once the change order is so approved, the Contractor shall promptly
proceed with the work.
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
Agreement
J
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 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 SIX HUNDRED AND SEVENTY-EIGHT DOLLARS AND NO CENTS
($678.00) for each calendar day beyond the time limit 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 from all suppliers, subcontractors, and/or Contractors
who submitted a "Notice to Owner' and a Consent of Surety on behalf of any and all
other suppliers and subcontractors who worked on the project that is the subject of this
Agreement. Payment of the invoice and acceptance of such payment by the Contractor
shall release City from all claims of liability by Contractor in connection with the
agreement.
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.
Agreement
P
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
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,
Agreement
P
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
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 parry 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 33'd Court, Suite 102
Pompano Beach, FL 33069
954-917-5252
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
7 Agreement
I
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
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
8 Agreement
pJa
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, such as delays in permitting due to outside agencies,
which are beyond the Contractor's control.
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
Agreement
�y
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
duly authorized to execute same.
CITY OF TAMARAC
_ j�3w �5 51'
Beth Flansbaum-Talabisco, Mayor
D to
14
, -ATTEST: A)fiAJjeffr4X. Mffler, City Manager
Marion $wq9 on, CIVIC
City Clerk, -
Date
ATTEST:
'rec..
Si ature of Corp rate ecretary
John DiPompeo Sr.
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
IL310(o
Date
Approved as to form and legal sufficiency:
— VO*O J��
Ci Attorney
V1)It1
Date
Di Pompi
Company
Sign
Construction C
John DiPom eo Jr., President
Type/Print Name of President/Owner
Date
10
71,<IQ C
Agreement
qy
CORPORATE ACKNOWLEDGEMENT
STATE OF ]tEAJ d 6,
,� e :SS
COUNTY OF :
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 � k- , 2006.
Signature of Nota Public
State of Florida at Large
r"'�. Dawn M Moody
+
• My Commission DDW56W
VX'Of GoirAp7oppes,04tamp
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.
I Agreement
Di Pompeo
'onstruction Corporation
_CGC 037741 . Since 1927
General Contractors - Design Builders • Construction Managers
Page 1 of 4
ATTACHMENT "A"
June 28, 2006
Raymond E. Gagnon
City of Tamarac
6001 Nob Hill Road
Tamarac, FL 33321-2401
Re: Tamarac Public Works Facility
RFP: # 0603
Dear Mr. Gagnon:
As you know we met several times to discuss areas that we can improve on pricing as well as areas yourself
and staff requested upgrades to.
As you know we met on ,Tune 23, 2006 wherein yourself and staff signed off on a site plan, floor plan and
elevation designs. Based on these latest designs and several meetings, listed below are the adds and deducts
to arrive at our final contract price of $ 5,195 575.00.
Item #1:
Move generator to storage bldg. — Additional electric run Add $ 18,400.00
Item #2:
Lengthen storage bldg. to cover generator
Add
$
1.9,800.00
Item #3:
Glass wall on data room in lieu of drywall
Add
$
3,200.00
Item #4:
Delete UPS system
Deduct
$
18,400.00
Item #5:
Delete perimeter fence @ undeveloped area
Deduct
$
6,480.00
Item #6:
Change lockers to uniform type for 45 men
Add
$
2,300.00
__...._ ._w_.. _.._.._ _.__.,.. ..µ.,
N W. 33 Court Unit #102 .._._.__._ • mpano Beh Florida
23Q1Pompano
Poac33069
Tele hone: 9S4 9 7-5252 •
Fax: (954) 974- ._�._,..,,.
.__ _._....._
Page 2 of 4
City of Tamarac Public Works Facility
Item #7:
Revise bathrooms for office personnel
Add
(Add 2 counter sinks, 2 toilets)
Item #8:
Add custodial room in west electric room
Add
(Mop sink no charge in bid alternate #11)
Item #9:
Add WH managers office
Add
Item # 10:
Delete 3 OH doors at chemical storage and use four double metal doors
Deduct
Item # 11:
Add 3 single HM doors at chemical storage
Add
Item #12:
Deduct ceiling and computer floor @ data room
Deduct
Item # 13:
Paint ceiling in data room
Add
Item #14:
Add IT hallway glass door
Add
Item # 15:
Delete shower at men's locker room
Deduct
Item # 16:
Delete toilet at women's locker room
Deduct
Item # 17:
Add 5 offices adjacent to Mech. Shop
Add
Item # IS:
Delete one toilet, add three urinals and delete one sink at men's locker
Add
room
Item # 19:
Change A/C unit in chcm. storage to wall unit
Deduct
Item # 20:
Change urinals to waterless (4 total)
Add
2301 N. W. 33rd„Court Unit #102 „Pompano Beach Florida 33069
Telephone: (954) 917-5252 • Fax: (954) 974-4646
$ 5,880.00
$ 980.00
$ 1,760.00
$ 1,850.00
$ 690.00
$ 6,350.00
$ 425.00
$ 640.00
$ 1,11On
$ 1,375.00
$ 5,230.00
$ 1,210.00
$ 1,960.00
$ 820.00
r
Page 3 of 4
City of Tamarac Public Works Facility
Item # 21:
Reduce size of entry feature roof and structure from 108' to 82' long
Deduct
$
9,240.00
but still maintain high area
Item # 22:
Security access control @ main bldg. at all ext. doors
No Charge
Included in Bid
Item # 23:
Change one wall in chem. storage to 2 rows of fence
No Charge
(Wash)
Item # 24:
Change 2" asphalt to 1 ''/2"
Deduct
$
10,000.00
Item # 25:
Delete landscape and sod on 3.4 acre undeveloped area
Deduct
$
12,000.00
Item # 26:
Delete scissor lift and change to concrete ramp
Add
$
3,725.00
Item # 27:
Delete jersey barriers @ staging area
Deduct
$
20,000.00
Item # 28:
Revise 8" limerock in paved areas to 6"
Deduct
$
30,000.00
Item # 29:
Delete water to storage shed
Deduct
$
5,000.00
Item # 30:
Revise sprinkler system in data room to Haylon system
Deduct
$
6,400.00
Item # 31:
Delete sprinkler system @ chemical storage (If allowed by code)
Deduct
$
13,500.00
Item # 32:
Delete limerock in staging area (Exposed dirt to remain)
Deduct
$
27,700.00
Item # 33:
Add fountain at south lake
Add
$
8,000.00
Item # 34:
Add 2 exterior windows due to change of office layout
Add
$
950.00
2301 N. W. 33rd Court • Unit #102 • Pompano Beach, Florida 33069
Telephone: (954) 917-5252 • Fax: (954) 974-4646
/ j`
s
Page 4 of 4
City of Tamarac Public Works Facility
Item # 35:
Revisions to site, lesser walks, paving, rock base, drainage pipe, sewer Deduct $ 12,570.00
manhole, endwall, parking bumpers but additional curbing, PVC water
main (Since site pushed west)
Item # 36:
Revisions in site earthwork, one less lake but still need to import fill just Deduct $ 87,500.00
not on all 10 acres and have to remove berm on north side
We hope the thorough note keeping has shown above all items that evolved from our meetings. Should you
have anything we missed please advise. Otherwise, if this meets with your approval we can obtain the bonds
and insurance within two days after a contract is received.
If I can be of further assistance, please do not hesitate to call. My staff and I personally look forward to
dealing with you and your staff on a very successful, team oriented, well constructed, built on time facility.
Sincerely,
Di Pompeo
gohfirDi Pompeo Jr.
President
Cc. Carrie Pereira, Project Coordinator
Jon Shambo, General Superintendent
Bill Conder, Project Manager
Owner Correspondence File
Contract File
2301 N. W. 33rdCourt . Unit #102 .„Pompano Beach, lorida 33069
Telephone: (954) 917-5252 • Fax: (954) 974-4646
EXHIBIT 3 - ATTACHMENT A
PROPOSAL FROM
DI POMPEO CONSTRUCTION CORPORATION
IS AVAILABLE FOR REVIEW IN THE
CITY CLERK'S OFFICE