HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-202Temp. Reso. #11060 — September 12, 2006
Page 1
Rev. #1 — 8/12/06
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-gQ;Z,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP
#06-02R AND EXECUTE AN AGREEMENT WITH
DIPOMPEO CONSTRUCTION CORPORATION FOR
THE DESIGN/BUILD OF THE TAMARAC SPORTS
COMPLEX EXPANSION FOR AN AMOUNT NOT TO
EXCEED $6,029,700; APPROVING FUNDING IN THE
AMOUNT OF $6,029,700 FROM THE APPROPRIATE
ACCOUNTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and
visitors a higher level of service by enhancing and improving its outdoor recreation
facilities and environment; and
WHEREAS, the City of Tamarac has received several grants for the
acquisition and development of the Tamarac Sports Complex expansion parcel;
and
WHEREAS, the Tamarac Sports Complex Expansion abuts the Tamarac
Sports Complex, located at 9901 N.W. 77th Street, Tamarac, and will feature two
(2) full-size and one (1) Little League baseball fields, concession building with
meeting room and restrooms, picnic shelter; playground, fishing pier, multi-
purpose path, natural area, parking, and improvements of existing park facilities;
and
Temp. Reso. #11060 — September 12, 2006
Page 2
Rev. #1 — 8/12/06
WHEREAS, the City published Request for Proposals RFP #06-02R for the
design/build of the Tamarac Sports Complex Expansion; and
WHEREAS, Request for Proposals RFP #06-2R (Steps 1 & 2) and
Addendums 1 and 2, are attached hereto as "Exhibit 1 "; and
WHEREAS, the City examined responses from MBR Construction, and
DiPompeo Construction Corporation; and
WHEREAS, the above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee consisting of City
Engineer John Doherty, Parks and Recreation Director Gregory Warner, Special
Projects Coordinator Michael Gresek, and Parks Superintendent Lance H. Moll;
and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 2";
and
WHEREAS, the RFP Selection and Evaluation Committee determined that
the response submitted by DiPompeo Construction Corporation attached hereto
as "Exhibit 3" was best able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated a contract with DiPompeo
Construction Corporation for their services at a cost not to exceed $6,029,700,
which includes a contingency allowance of $200,000 (attached hereto as "Exhibit
4"); and
WHEREAS, it is the recommendation of the Director of Parks and
Recreation and the Purchasing and Contracts Manager that the contract for the
Temp. Reso. #11060 — September 12, 2006
Page 3
Rev. #1 — 8/12/06
design/build of the Tamarac Sports Complex Expansion be awarded to DiPompeo
Construction Corporation; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award the contract for the design/build of the Tamarac Sports Complex
Expansion, at a cost not to exceed $6,029,700 to DiPompeo Construction
Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
SECTION 2: DiPompeo Construction Corporation is awarded the Request
for Proposal for the design/build of the Tamarac Sports Complex Expansion at a
cost not to exceed $6,029,700, which includes a contingency allowance of
$200,000.
SECTION 3: The appropriate City officials are hereby authorized to
execute an Agreement between DiPompeo Construction Corporation and the City
of Tamarac for the design/build of the Tamarac Sports Complex Expansion.
SECTION 4: That funding will be available in the appropriate Grant and
Capital Improvement Accounts.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. #11060 — September 12, 2006
Page 4
Rev. #1 — 8/12/06
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this dj ' day of 0C+)bj-(', 2006.
ATTEST:
--� /"""J
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
'Ro"- � 7'suri MRIA-00, � w"2- n
z�llm_ r-0401
BETH R
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
Ale-
DIST 4: COMM. DRESSLER
1
1
1
Temp. Reso. #11060-Exhibit 1
REQUEST FOR PROPOSALS
RFP 06-02R
DESIGN/BUILD OF THE TAMARAC
SPORTS COMPLEX EXPANSION
Issued on behalf of
the Parks & Recreation Department
City of Tamarac
Purchasing Division
7525 NW 881h Avenue
Room 107
Tamarac, Florida 33321-2401
(954) 724-2450
The Remaining pages of EXHIBIT 1 are on file, and may
be viewed, at the Office of the City Clerk.
Temp. Reso. #11060-exhibit 2
9/18/2006 Design/Build of the Tamarac Sports Complex Expansion RFP 06-02R
Committee Evaluation Totals
Proposer's Name:
DIPOMPEO
MBR
No Conflict of Interest
ok
ok
Adhered to the Instructions
ok
ok
BACKGROUND,(Max
0 points
City Engineer
19
18
Director, Parks & Recreation
19
17
Special Projects Coordinator
20
17
Superintendent, Parks & Recreation
16
14
WORKLOAD & AVAILABILITY (Max 15 points)
City Engineer
14
12
Director, Parks & Recreation
14
13
Special Projects Coordinator
15
15
Superintendent, Parks
13
11
KNOWLEDGE & APPROACH (Max 15 points)
City Engineer
13
10
Director, Parks & Recreation
14
13
Special Projects Coordinator
15
15
Superintendent, Parks
12
8
DESIGN/BUILD TEAM
WORK HISTORY (Max 10 points)
City Engineer
8
8
Director, Parks & Recreation
9
9
Special Projects Coordinator
10
10
Superintendent, Parks
8
7
PROJECT COST (Max 20 points)
City Engineer
20
17.3
Director, Parks & Recreation
20
17.3
Special Projects Coordinator
20
17.3
Superintendent, Parks
20
17.3
PROJECT TIME LINE &
COMPLETION
DATE (Max 20 points)
City Engineer
20
20
Director, Parks & Recreation
20
20
Special Projects Coordinator
20
20
Superintendent, Parks
15
14
TOTAL
POINTS
City Engineer
94
85.3
Director, Parks & Recreation
96
89.3
Special Projects Coordinator
100
94.3
Superintendent, Parks
84
71.3
374 1
1 340.2
TOTAL
RANKING
City Engineer
1
2
Director, Parks & Recreation
1
2
Special Projects Coordinator
1
2
Superintendent, Parks
1
2
1 1
1
1
Udrive/2006 Bids/RFP 06-02R/Evaluation Total Worksheet.xls
Temp. Reso. #11060—Exhibit 3
;.. Dt Pompeo
Construction Corporation
CGC 037741 • Since 1927
General Contractors • Design Build Services • Construction Management
May 24, 2006
City of Tamarac
Purchasing Division
7525 N.W. 88`h Avenue
Tamarac, Florida 33321
Attn: Jim Nicotra — Senior Procurement Specialist
Re: Tamarac Sports Complex Expansion
Design/Build RFP No.: 06-02R - Step II
Dear Mr. Nicotra:
This is to convey our letter of interest for the above referenced project. The Di Pompeo Construction
Design/Build team is pleased to present our proposal submissions, plans and specifications contained
in the enclosed package. The members of our team consist of:
• Di Pompeo Construction Corporation — Design Builder
• R.E. Chisholm Architects, Inc.— Architect (MBE)
• De Rose Design Consultants, Inc. — MEP/Civil/Structural Engineers (WBE)
• THE RMPK Group (Formally known as Durr & Associates) - Landscape/Irrigation Architects
As previously stated in our Step I submittal, we have Design/Build experience, some of our recent
Design/Build projects are:
• North Homeless Assistance Center — completed for Broward County on time and in budget
• Betti Stradling Memorial Park — for the City of Coral Springs on time and in budget
• Mullins Park Maintenance Facility — for the City of Coral Springs on time and in budget
• Boca Preparatory School — for Boca Raton Preparatory School on time and in budget
Our team is excited about submitting our proposal for this project. We sincerely feel we are qualified
for this task as indicated by our experience and qualifications.
We appreciate your consideration of our team's proposal submission and look forward to a successful
completion of the Tamarac Sports Complex Expansion
Respectfully Submitted,
2301 N. W. 33rd Court • Unit #102
Telephone: (954) 917-5252
Pompano Beach, Florida 33069
Fax (954) 974-4646
El
City of ,;,ma,r;c Purchasing & Coniracts Divisron
PROPOSALFORM
(continued)
RFP 06-02R
DESIGN/BUILD OF THE TAMARAC SPORTS COMPLEX EXPANSION
ITEM
DESCRIPTION
TOTAL COST
A.
Site Plan/Expansion Design
$
B.
Construction
$ Aono, (c
TOTAL DESIGN/BUILD COST
$ �,(!
.1
Design/Build Firm Nar
Authorized Signature:
Printed Name of Authc
NOTE: Proposal Forms submitted without the manual signature of an officer of the
Proposing firm may be deemed non -responsive and ineligible for award.
21
, 1
City Of Tamarac -- — ----- ---- Purchasing & Con acts Division
PROPOSALFORM
(continued)
RFP 06-02R
DESIGN/BUILD OF THE TAMARAC SPORTS COMPLEX EXPANSION
Delivery/completion:SO calendar days after receipt of City's Notice to Proceed.
(Must correlate with any other completion timeline offered by Proposer).
The delivery/completion time entered above must be defendable, per the required
milestone event schedule to be submitted with your proposal. (Reference Page 4,
Section III, Proposal Requirements, Item A. Technical Proposal, Paragraph 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.
22
'y Di Po%jConstructionoration
CGC 037741 • Since 1927
General Contractors • Design Build Services • Construction Management
VOLUNTARY ALTERNATES
Deducts:
1. We have included 12 waste receptacles
2. We have included blinds on windows, if not required
3. We have included 6 bike racks
Deduct ($ 4,700.00)
Deduct ($ 1,600.00)
Deduct ($ 1,900.00)
4. We have included l 1 additional bench for playground area
Deduct ($ 4,550.00)
5. We have included 2 water drinking fountains
Deduct ($ 1,100.00)
Total .Deducts $ 13,850.00
2301 N. W. 33rd Court • Unit #102 Pompano Beach, Florida 33069
Telephone: (954) 917-5252 Fax. (954) 974-4646
iol
%ify cf T,,— 2c
SDnision
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 ❑
If "Other", Explain:
/0
Title
PARTNERSHIP ❑ CORPORATION ® OTHER ❑
2301 NW 33rd Court, Suite 102
Address
City tate/ ip'
FL 33069
John Di Pompeo Jr.
Name (Printed or Typed)
65-042629.4
Federal Employer I.D./Social Security No.
°�:4? 7-5252
Telephone
954-974-4646
Fax Number
JDi n�mnPn@Di c�mnPnr c)nat rust i an. com
Contact Email Address
(:ntact erson
24 Certification Form
1 of 1
11
a
DCC
��un_';sing 8 Cc;�,r its Ji,'i;;ior;
CERTIFIED RESOLUTION
I, Tnhn Di Pnimp en _.Sr (Name), the duly elected Secretary of
Pompe dame of Corp.), a corporation organized and existing under the laws of
the State of F-�61 1 dca- do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT _John Di Pompeo Jr. (Name)", the duly
elected President (Title of Officer) of
Pompeo Conctr uc-t-i on Corp- (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
John Di Pompeo Sr
TITLE
VP/Secretary
S A E
Given, under my hand and the Seal of the said corporation this2oay of_ May , 20D_6.
(SEAL) By:�l�c
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.
5 CerfiPied Fesoh /.lion
1 0` i
INAE
/� t/ V �- �,. ° ',7r/�i:.". i .; a .: l 11:�"1►` � Asw <' w►'� .; . •�r�.r w r � �t . ►.. �. � :, w - -- - _ .... � ..,
L"
Poauccn
I FRANK H . FURMAN, INC.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
FRANK H. FURMAN #A091425
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
P . 0. BOX 1927
COMPANY
A NATIONAL FIRE INS OF HARTFOR/D
POMPANO BEACH, FL 33061
NsuReo D I POMPEO CONSTRUCTION CORP
Co B ANr VALLEY FORGE INS A V
COMPANY
O TRANSPORTATION INS CO %4
2301 N W 33 CT #102
COMPANY
POMPANO BEACH FL 33069
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIOH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
VTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMMOrM
PQUGT EXPIRATION
DATE (Mumcfm
LmtrTS
OEMMAL
weu "
2082720746
2/ O 1/ 0 6
2/ O 1/ 0 7
GENERAL AGGREGATE
.2 0 0 0 0 0 0
X
PRODUCTS • COMPIOP AGG
52,000,000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
PERSONAL L ADV INJURY
$1 0 0 O 0 0 0
EACH OCCURRENCE
$1 000 000
OWNER'S i CONTRACTORS PROT
FIRE DAMAGE (Any ore Nv)
i 100,000
MED D(P (Arty one Person)
s 5,000
3
AUTOMOBILE
X
LNABIUTY
ANY AUTO
2082720763
2/ 01 0 6
2/ 01 0 7
COMBINED SINGLE LIMIT
1,000,000
S
BODILY INJURY
(Poe por)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
X
X
BODILY INJURY
(Per acclort)
HIRED AUTOS
NONLVINED AUTOS
PROPERTY DAMAGE
$
GARAGE LIANIMM
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY:
ANY ALTO
EACH ACCIDENT
1
AGGREGATE
f
:
EXCESS LIABILITY
2082720777
2/ 01 / 0 6
2/ 01 / 0 7
ECM OCCURRENCE
s 2 000,000
AGGREGATE
s 2 000,000
X UM13RFI I FORM
s
OTHER 711AN UMBRELLA FORM
3
womms coMPE7NSATIoN AND
2082720780
2/ 01 / 0 6
2/ O 1/ 0 7
X TORN uMRs ER
EL EACH ACCIDENT
S 100,000
EMPLOYERS' LIOALnY
EL DISEASE -POLICY LIMIT
t 500,000
THE PROPRIETOR! X INCL
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
EL DISEASE -EA EMPLOYEE
3 100,000
OTM[A
PROD: DESIGN/ BUILD
OF THE
TAMARAC SPORTS
COMPLEX
EXPANSIOR. BID
NO. 06-02R.
DESCRwnom OF OPERATION &ocATIONSevEmCLrAmPECIAL ITEMS
CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY
WHEN REQUIRED BY WRITTEN CONTRACT ONLY FOR WORK PERFORMED BY INSURED AS PER
ADDITIONAL INSURED ENDORSEMENT G-140331-A(01/01)
..........
9MOULD ANY OF THE ABOVE 000WED POLICIES BE CAM^R F^ BEFORE TIME
CITY OF TAMARAC
RXPIRATION DATE THEREOF, TM! WWWO COMPANY WILL ENDEAVOR TO MAD.
PURCHASING DIVISION
Ys wR TO TIN caMT>Fr�►TE HOLDER NAMED TO TIffi LEFT,
7525 NW 8 8 TH AVE # 10 7
FwT
FANwR TO 9U OTIM SMALL MPOSE MO OBUCAYICIM OR I SABTUTYTAMARAC
FL 33321-2404
N COMPANY, ITS ACERM PEDREBBNTATIVES_
AImMOT,�
A6'ORD:'->25=5 {'1aB5):' :. :: •:.,.. ..:: > >..:..:....
... `..` . •... •r:: : �f /iC0 r~ORRO.f1AT1011i t�18D:
LFDIC
Ll
fy ial r amarac
�1
PUrLi18Sll?g d' C 0r%ih%Ci.0 iJl blj;l(,'i
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
UNITS OF
UNIT
UNIT
EXTENDED
(Description)
MEASURE
(Oty)
-COST
COST
(LF/SF)
AStorm Drainage/Trench B
x LF
1400
$ 1.50
$ 2100
BSewer/Trench Box
LF
?p0
$ 1.00
$ 700
C r T n B x
LF
1600
$ 1.00
$ 1600
D.
$
$
TOTAL
$ 4400.
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and 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
nS_2a_ni '
(Date) (Signat
ACKN rLEDGEMENT
STATE OF: _Florida
COUNTY OF: Broward
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
respflrrsive.
John Di Pompeo Jr , who, after first being duly sworn by me,
(Name of individual Signing)
affixed his/her signature in the space provided Eve on this 224_day of May 20 06
,L fi,
NOTARY BLIC
My Commission Expires:
23 -- Trench Safety Form
1 of 1
F ?
OCIC
of Tc!-nar_.iC-_----_---_---------------- ------Puroharl%Ig and Coot.,acts Division
U
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
iIdin LS; El ; al
Plumbing
% Total
Contract
Ina
Contractor
License No.
EC0000249
1% CACO24380
2% CFC057511
to Woxk tt ndPrgro u.nd i lities 20%
Roof i ng 2%
Painting
Landscaping
Fire Sprinkler
Balance of Work
RU0058464
CCC050451
Subcontractor
Name/Address
Ampco Electric
Ft. Lauderdale
Air Install A/C
Weston
Plumbing Mart of South FL
Boca Raton
McKay Contracting
Pompano Beach
Southern Coast Roofing
Ft. Lauderdale
2% OOBS00498
Color Magic Painting
Miami
3$ 324-0008058
Landscape Service Professior.
Coral Springs
1% 87490500012.002 T & M Fire Sprinklers
Davie
60% CGC037741 Di Pompeo Construction Corp.
Pompano Beach
37
List of Subconfracfors
1 of 1
No Text
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we DiPompeo Construction Corp.
2301 NW 33rd Court, Suite 9102, Pompano Beach, FL 33069
as Principal, hereinafter called the Principal, and Hartford Casualty Insurance Company
400 International Parkway, Suite 425, Heathrow, FL 32746
a corporation duly organized under the laws of the State of Indiana
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tamarac, 7525 N.W.
88th Ave, Room 108, Tamarac, FL 33321
as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid ( 5%
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the said Principal has submitted a bid for Design/Build Tamarac Sports Complex
Expansion
NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance
of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or
in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Signed and sealed May 24, 2006.
Witnesses: DiPom eo Cons_truction C
f (Seal)
Bv. !, /
HartfVd Casualty Insurance Comman
(Seal)
r'1��-{:t• BY.Zz����
Michael A. Holmes, Attorney -In -Fact and
Florida Resident Agent
Direct Inquiries/Claims to:
POWEROF ATTORNEY THE HARTFORD AFORD
NUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
V ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-220140
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Thomas Riley, Michael A. Holmes, Gerald J. Arch, James F. Murphy, Susan Bohm, G. W Fitch, Michael A. Bonet, Shawn A. Burton
of
Fort Lauderdale, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the
Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by
its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm
that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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Paul A. Bergenholtz, Assistant Secretary
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD
Colleen Mastroianni, Assistant Vice President
On this 25t" day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did
depose and say: that she resides in the County of Hartford, State of Connecticut, that she is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument, that she knows the seals of the said corporations, that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed
her name thereto by like authority.
s Mo►ruA``PQyy'rr ,< �i� � 'f /_.GI....
•�� " Scott E. Paseka
Notary Public
CERTIFICATE My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 24, 2006.
Signed and sealed at the City of Hartford.
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Yves Cantin, Assistant Vice President
POA 2003
Al■
DCC
OF
City of Tamarac
"Committed to Excellence...Alwoys"
Purchasing and
Contracts Division
ADDENDUM NO. 1
BID NO. 06-02R
DESIGN/BUILD TAMARAC SPORTS COMPLEX EXPANSION
DATE OF ADDENDUM: APRIL 20, 2006
TO ALL PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-02R, Design/Build of the City of Tamarac's Sports
Complex Expansion.
The Step 2 Proposal due date has been changed from May 101n to Wednesday, May
24, 2006 at 2:00 PM. Accordingly, Presentations will be held the morning of Friday,
May 26th. Exact presentation times will be advised prior to May 26m
Note: Along with the change in due date, the time of delivery has changed from 4:00 to
2:00pm.
Proposals must be stamped in on or before Wednesday, May 24, 2006, 2:00 PM in the
Purchasing Office, Room 108, City of Tamarac, 7525 NW 88tn Ave, Tamarac, FL 33321.
All other terms, conditions and specifications remain unchanged for RFP No. 06-02R.
Please acknowledge receipt of this Addendum No. 1, by returning it and/or
acknowledging it in your submittal.
NAME OF COMPANY: _D Pgm�e4 Construction _Corp ______
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomaroc.org
Equal Opporluntly Employer
Purchasing and
Contracts Division
City of Tamarac
"Committed to Excellence ... A/ways"
ADDENDUM NO. 2
BID NO. 06-02R
DESIGN/BUILD TAMARAC SPORTS COMPLEX EXPANSION
DATE OF ADDENDUM: MAY 8, 2006
TO ALL PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-02R, Step 2, Design/Build of the City of Tamarac's
Sports Complex Expansion.
The Step 2 Proposal due date remains May 24, 2006 at 2:00 PM. Presentations will
be held the morning of Friday, May 261n. Exact presentation times will be advised
prior to May 26tn
Note: Along with the change in due date, the time of submittal was changed from 4:00
to 2:00pm.
Responses to inquires of May 1, 2006 follow;
1. The City does not have a current site survey.
2. The City does not have a soil boring report. As stated in the Design Criteria
Package, soil boring reports are not available and shall be the responsibility of
the Proposer.
3. All exotics are to be removed from the project site and any trees in the way of
construction are to be removed.
4. It is assumed that there is an existing drainage permit on file with the SFWMD
and/or Broward County EPD.
5. Particular Building type or Style. There is no particular building type or style.
6. As stated in the Design Criteria Package, the Proposer is responsible for all site
plan submissions to the City's Development Review process, including DRC,
Planning Board and City Commission approvals. Review timeframes depend on
Proposer's ability to meeting City, County and State requirements.
7. The existing berm is to be removed.
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomaroc.org
Equal Opportunity Employer
< RI "Committed to Excellence... Always"
Purchasing and
Contracts Division
Page 2
Proposals must be stamped in on or before Wednesday, May 24, 2006, 2:0_ in
the Purchasing Office, Room 108, City of Tamarac, 7525 NW 88`h Ave, Tamarac, FL
33321.
All other terms, conditions and specifications remain unchanged for RFP No. 06-02R.
Please acknowledge receipt of this Addendum No. 2, by returning it and/or
acknowledging it in your submittal.
NAME OF COMPANY: _Di--ps QQ__C9M3_txuQ±1.9rl_C_Q1<ps_____________
7525 NW 88th Avenue ■ Tomoroc, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 • www.tamc3rac.org
Equal Opportunity Employer
The Remaining pages of EXHIBIT 3 are on file, and may
be viewed, at the Office of the City Clerk.
Temp. Reso. #11060 — Exhibit 4
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
DI POMPEO CONSTRUCTION CORPORATION
THIS AGREEMENT is made and entered into this day of Or,+DJ9Cr , 2006
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 Di Pompeo
Construction Corporation, a Florida corporation with principal offices located at 2301
NW 33rd Court, Suite 102, Pompano Beach, FL 33069 (the "Contractor") to provide for
design and build services to construction the Tamarac Sports Complex Expansion
project.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Attachment "A" of this
agreement (attached), RFP Document No. 06-02R (Steps 1 and 2), including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), drawings, schematic site plan signed by the City on October 18, 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 06-02R (Steps 1 and 2) as issued by the City, and the Contractor's
Proposal, RFP 06-02R (Steps 1 and 2) as issued by the City shall take precedence over
the Contractor's Proposal. Furthermore, in the event of a conflict between this
document and any other Contract Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be substantially completed within 480 calendar days from issuance
of City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. The work shall be completed (final
completion) within 30 calendar days from issuance of substantial
completion, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, substantial completion
shall mean issuance of temporary Certificate of Occupancy and final
completion shall mean the issuance of final payment.
ACgroel ent Y
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 Six Million
Twenty Nine Thousand Seven Hundred Dollars ($6,029,700.00). A contingency amount
of Two Hundred Thousand Dollars ($200,000.00), is included in this "not to exceed"
total. The contingency amount shall only be used to the extent determined necessary
by the City and shall require prior written approval by the City for utilization. Any
unused contingency amount belongs to the 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
Agreement d
personnel who fail to perform in accordance with the requirements of this
Agreement. The City shall be the sole judge of non-conformance and the
quality of workmanship.
8) Change Orders
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.
4 Agreement P
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be
granted for delays to the work, unless the Contractor can clearly
demonstrate that such delays did or will, in fact, delay the progress of
work as a whole. Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time
extensions shall not be granted until all float or contingency time, at the
time of delay, available to absorb specific delays and associated impacts
is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and
the Contractor for any item requiring a change in the contract, and a
change order has not been issued, the City reserves the right at its sole
option to terminate the contract as it applies to these items in question
and make such arrangements as the City deems necessary to complete
the work. The cost of any work covered by a change order for an
increase or decrease in the contract price shall be determined by mutual
acceptance of a Guaranteed Maximum Price by the City and Contractor.
If notice of any change in the contract or contract time is required to be
given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each
applicable bond shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the City. Failure of the Contractor to
obtain such approval from the Surety may be a basis for termination of
this Contract by the City.
9) Liquidated Damages
All time limits stated in the Contract Documents are of the essence of the
Agreement. The parties acknowledge that damages arising from delay in meeting
these time limits are difficult or impossible to ascertain. Therefore, the parties hereby
agree that in the event that the Contractor fails to meet the time limits, as may be
extended by the City in accordance with the terms of the Agreement or as otherwise
provided in the Agreement, liquidated damages will be assessed against Contractor in
the amount of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) for each
calendar day beyond the time imposed until such work is completed.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted to City by Contractor 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 form all claims of liability by Contractor in connection with the
agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
5 Agreement 1-1
date of City approval of final payment. In the event that defect occurs during this time,
Contractor shall perform such steps as required to remedy the defects. Contractor shall
be responsible for any damages caused by defect to affected area or to interior
structure. The one (1) year warranty period does not begin until approval of final
payment for the entire project, and the subsequent release of any Performance or
Payment Bonds, which may be required by the original bid document.
12) Indemnification
12.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
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
Agreement
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.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
DiPompeo Construction Corp.
2301 NW 33rd Court, Suite 102
Pompano Beach, FL 33069
954-917-5252
7 Agreement Q
v
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
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
Agreement
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, 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
9 Agreement ent
/J`
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
ATTEST:
Allariotiw�nson, MC
--City Clerk
Date '--�-
ATTEST:
Sig ture of Corporate ecretary
John DiPompeo Sr.
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Beth Flansbaum-Talabisco, M yor
Date
effrey L. filler, City Manager
Dat
to fo
City'Attorney
i
Di Pompeo Construction
Company NWne _ /j
Sig
John DiPompeo Jr., President
Type/Print Name of President/Owner
Date
ncy:
on
10 Agreement
Q9
CORPORATE ACKNOWLEDGEMENT
STATE OF flbrlda
:SS
COUNTY OF 6(WIrd-
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 OC7-0,0e�?— , 20P
Signature of Nota ublic
�Dom M Moody State of Florida at Large
;
My Commission DD365506 (� /
Expires October 24, ni
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.
,agreerner7t p
J
Di Pompeo
44
Construction Corporation
CGC 037741 • Since 1927
General Contractors • Design Build Services • Construction Management
Attachment "A"
October 14, 2006 Sent via fax to (954) 597-3710
John E. Doherty, P.E.
Assistant Director of Public Works/City
Engineer Public Works Department
6011 Nob Hill Rd. 2nd Floor
Tamarac, FL 33321-6200
Re: City of Tamarac Sports Complex
RFP # 06-02R
Dear Mr. Doherty,
Pursuant to our numerous meetings and several phone conversations, we have value engineered and
brainstormed all items we discussed plus a few of our own ideas to come to a budget that you hoped for. We
can Design and Build the entire project per the RFP and contingent upon the acceptance of the below items
for a total of $5,829,700.00.
To summarize:
Our original proposal amount was: $5,919,000.00
Changes since initial RFP submission:
1. Reduce shelter to 30' Octagon.
2. Remove 4 picnic tables @ shelter.
3. Remove 5 benches @ playground area.
(Benches are non sleep type)
4. Reduce playground by 2,200 sf.
5. Reduce cover @ playground to 1,000 sf.
6. Delete the larger piece of playground equipment.
7. Delete interior site common area lighting and use overspill lighting off high mast poles.
8. Change the perimeter 8' walkway to asphalt.
9. Delete 6 freestanding fence dugouts.
10. Add 6 storage buildings w/ OH Doors, adjacent masonry dugouts w/ fence to resemble Coral Springs
11. Add 3 covers for scorer/announcer booths.
12. Add 4 singular eight foot gates at outfields to allow mower access
13. Delete landscape squares between fields and change distance between fields to 60 feet
14. Change size of fishing pier to 10 feet from water edge with 35 foot head piece (parallel to land)
15. Add additional fill as a result of topographic survey
16. Revise field drainage system to single line main with laterals
17. Simplify design of 2 story concession building
2301 N.W. 33rd Court • Unit #102 - Pompano Beach, Florida 33069
Telephone: (954) 917-5252 • Fax• (954) 974-4646
October 14, 2006
Page 2 of 2
City of Tamarac Sports Complex
RFP # 06-02R, Steps 1 & 2
18. Remove 2 parking lots (the extension east of hockey rink and twelve spaces north of existing tank)
19. Simplify water service throughout site
20. Change distance from backstop to home plate and dugouts to I" and 3`d base lines to 30 feet
Total Savings items 1-20 <$89,300.00>
Final Contract Amount $5,829,700.00
However, just to confirm other items discussed, the City will provide all final meters and concession
equipment/appliances which is standard on municipal projects.
If the above meets with your and Mr. Warner's approval, we will advise our consultants to make these
changes on the plans and upon their completion we will bring to you a revised C-1 drawing for the City to
approve on 10/18/06.
Should you need any other information please do not hesitate to call me any time.
Thank you for your continued teamwork and we look forward to working with the City of Tamarac Parks
Dept.
Sincerely,
Di Pompeo Construction Corporation
Cc: Carrie Pereira, Sr. Project Coordinator
Jon Shambo, General Superintendent
Bob Zannim, Superintendent
Dawn Moody, Comptroller
Contract File
Owner Corr. File
active/tamarac sports/Oct 14 06 final budget.doc
U