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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