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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-007Temp Reso. #10320 January 5, 2004 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 L , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 2 TO THE MCNAB ROAD PARK DESIGN/BUILD CONTRACT WITH RECREATIONAL DESIGN & CONSTRUCTION, INC. FOR THE SUBSTITUTION OF ST. AUGUSTINE SOD FOR BAHIA SOD WITHIN THE INTERIOR OF THE ASPHALT JOGGING PATH AREA; AUTHORIZING AN ADDITIONAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $17,742; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 24, 2002 the City Commission approved the award of RFP No. 01-09R to Recreational Design & Construction, Inc. for the design/build of McNab Road Park through Resolution R-2002-113, a copy of said Resolution attached hereto as Exhibit 1_; and WHEREAS, Change Order Number 1 for the inclusion of water supply installation throughout the park in the amount of $7,425 was authorized on March 20, 2003, a copy of said Change Order Number 1 attached hereto as Exhibit2; and WHEREAS, an amendment to the original agreement with Recreational Design & Construction, Inc. to incorporate wetland mitigation services in the amount of $73,680 was approved through Resolution R-2003-131 on June 11, 2003, a copy of said Resolution attached hereto as Exhibit 3; and WHEREAS, the original scope of work included the installation of Bahia sod, including irrigation, in the interior of the asphalt jogging path (approximately 64,600 square feet); and Temp Reso. #10320 January 5, 2004 Page 2 of 4 WHEREAS, after review by the Public Works Department, it has been determined that the use of St. Augustine sod in lieu of the Bahia sod in this area would provide ease of maintenance and a surface more conducive to recreational activities; and WHEREAS, Recreational Design & Construction, Inc. submitted a proposal to substitute the Bahia sod originally proposed under the contract with St. Augustine sod, a copy of said proposal attached hereto as Exhibit 4; and WHEREAS, Public Works staff has reviewed said proposal and have determined that the pricing is competitive and acceptable; and WHEREAS, the cost of additional services attributed to this change order necessitates an additional expenditure in an amount not to exceed $17,742, a copy of Change Order No. 2 attached hereto as Exhibit 5; and WHEREAS, available funding exists in the Public Facilities Project budget for said purpose; and WHEREAS, the Director of Public Works and the Director of Parks & Recreation recommend the authorization of Change Order No. 2 to the McNab Road Park Project in an amount not to exceed $17,742; 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 approve Change Order No. 2 to the McNab Road Park Project and authorize an additional expenditure in an amount not to exceed $17,742 for said purpose 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. Temp Reso. #10320 January 5, 2004 Page 3 of 4 SECTION 2: The appropriate City Officials are HEREBY AUTHORIZED to execute Change Order No. 2 to the contract with Recreational Design & Construction, Inc. for the substitution of St. Augustine sod for the originally proposed Bahia sod within the interior of the asphalt jogging path area. SECTION 3: An additional expenditure in an amount not to exceed $17,742 for this purpose is HEREBY approved. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. 1 Temp Reso. #10320 January 5, 2004 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 14th day of January, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION 'as to form. MITCHELLKF CITY ATTORN J E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER__ DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAU - ALABISCO �. DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 1 1-1 1 RECREATIONAL DESIGN & CONSTRUCTION, INC. 3990 NORTH POWERLINE ROAD FORT LAUDERDALE, FL 33309 954 . 566 • 3885 ITO: FAX! 954 • 566 • 3336 EMAIL: info@recreationaidesign.com January 08, 2004 City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Attn: John E. Doherty, PE Ref.: McNab Road Park, Change Order No. 2 Dear John, Please see the attached, signed Change Order No. 2 for your signature. Also, a copy of our Scope of Work further describing the work to be completed is attached. The time extension noted in the Scope of Work is necessary to complete this project. Should you have any questions or require further information, please do not hesitate to contact me or Scott Greiner at (954) 566-3885. Sincerely, Recreational Resign & Construction, Inc. 4,0seph C. Cerrone, III President Enclosure: 3 Original Change Orders Copy of the Scope of Work 0: ADC ProjnctsUobs'Jobs`.02-223 McNah Road ParklWord Docummts\Change Ordcr N2.wpd CG-CAP 1702 CHANGE ORDER DATE OF ISSUANCE: NO. 2 OWNER: CITY OF TAMARAC PROJECT NAME/PO#: Public Works Department McNab Road Park 7525 NW 88th Avenue PO # 51230 Tamarac, FL 33321-2401 CONTRACTOR: Recreational Design & RFP NO, 01-09R Construction, Inc, 3990 N. Powerline Road Ft, Lauderdale, FL 33309 COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRAIN CTOR 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: This change order provides for the substitution of St. Augustine sod in lieu of Bahia sod in the area within the asphalt jogging path (approximately 64,600 square feet) as included in the original specifications, PURPOSE OF CHANGE ORDER: To allow for the substitution of sod material in one are of the park to facilitate ease of maintenance and provide a surface more conducive to recreational activity.: CHANGE IN CONTRACT PRICE Original Contract Price $ 896 913 CHANGE IN CONTRACT TIME Original Contract Time Previous Change Orders and/or Amendments I Net change from previous change orders 81 105 Contract Price prior to this Change Order I Contract Time Prior to this Change Order $ 97� 018 Net (Increase) of this Change Order $ 17 742 Net (Increase) of this Change Order Contract Price with all approved Change Orders I Contract Time with all approved Change Orders $ 995,760 Date !P Revised 9/1/98 APPROVED BY��. (. r��- Je r y L. Miller City Manager Date /— G`f APPROVED BY f ( ntractor) Date RECREATIONAL DESIGN & CONSTRUCTION, INC. 3990 NORTH POWERLINE ROAD FORT LaUDERDALE, FL 33309 954 • 566 • -ReSS FAX: 954•,66.3335 EMAIL: into@recreationaidesign.com December 12, 2003 City of Tamarac 6011 Nob 11111 Road. Tamarac, Florida 33321-2401 Attn: John E. Doherty, P.E., Assistant Director of Public Works Re: McNab Road Park Section 7 Township 49S, Range 41E�Broward County, Florida Dear John: Recreational Design & Construction, Inc. hereby submits the following proposal for the installation of St Augustine sod in the interior area of asphalt jog path at the property known as McNab Road Park. The scope of work is as follows: SCOPE OF WORK New St. Augustine Sod Remove and properly dispose of existing Bahia sod or possible re -installation of existing berms around site. Remove and re -grade amphitheater berm level with surrounding area. • Re -install existing benches to approved locations around amphitheater area. Re -install irrigation heads to ensure proper coverage of affected area. Replace Bahia grass with approximately 64,600 sf of New St. Augustine sod. Completion Time Ninety (90) days from acceptance of proposal. The not to exceed price for the above scope of work is $17,742.00 All pricing is based upon the cooperative purchase agreement with Broward County "Accessibility Compliance and Miscellaneous Small Projects" RLI#111599-RB. If you have a,tWquestions or require further information, please do not hesitate to contact us. Sincerely, Recreat' nal Design &Construction, Inc. Sc t'Greine �z Project Manager O:',RDC Projects VobsVobs\02_223 McNab Road Park\Word Documents\Proposal _ 12_2_03.wpd CG-CA21702 Temp. Reso. 10320 Exhibit 1 Temp. Reso. #9746 - March 19, 2002 Page 1 Rev. #1 - 04/11 /02 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002 -113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF RFP NO. 01-09R, ENTITLED "DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY" TO RECREATIONAL DESIGN & CONSTRUCTION, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR RFP NO.01-09R FOR AN AMOUNT NOT TO EXCEED $896,913; APPROVING ALL NECESSARY BUDGET TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY• AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac intends 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 publicly advertised RFP No. 01-09R entitled "Design/Build of McNab Road Park Property" in the Sun -Sentinel, hereto attached as Exhibit "1" of "Attachment A"; and WHEREAS, proposals were solicited from twenty-one (21) vendors and three (3) proposals were received and evaluated by the Evaluation Committee consisting of the Director of Parks and Recreation, Purchasing and Contracts Manager, Parks Superintendent, Assistant to the City Manager, Director of Community Development and the Assistant City Engineer, to determine responsiveness to the City's specifications and two (2) proposers were requested to make presentations; and WHEREAS, Recreational Design & Construction, Inc., was determined to be the most responsive, responsible proposer; and Temp. Reso. #9746 - March 19, 2002 Page 2 Rev. #1 - 04/11 /02 WHEREAS, Funding is available in the Grants Fund and CIP Fund for Project No. GT01 J; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and Purchasing and Contracts Manager that the Design/Build of the McNab Road Park Property be awarded to Recreational Design & Construction, Inc.; 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. 01-09R entitled "Design/Build of McNab Road Park Property" to Recreational Design & Construction, Inc., and to execute an Agreement, attached hereto as "Attachment A", which consists of the Agreement and all portions of the RFP #01-09R, previously referred to as "Exhibit 1 ", for an amount not to exceed $896,913, as indicated in the Final Price Proposal attached hereto as "Exhibit 3" of "Attachment A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That RFP No. 01-09R entitled "Design/Build of McNab Road Park Property" is hereby awarded to Recreational Design & Construction, Inc. for an amount not to exceed $896,913. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Recreational Design & Construction, Inc. relating to the Design/Build of the McNab Road Park Property. SECTION 4: That all necessary budget transfers are hereby approved. 1 1 1 Temp. Reso. #9746 - March 19, 2002 Page 3 Rev. #1 - 04/11 /02 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repeated to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 24th day of April, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this "E OLUTION as to form. r� MIRA HEL S. CITY ATTO JO SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: V/M. PORTNERAye, ?DI 2: COMM. MISHKINAyee _T 3: COMM. SULTANOF Aye, DIST 4: COMM. ROBERTS r4 g AGREEMENT BETWEEN THE CITY OF TAMARAC AND RECREATIONAL DESIGN Si CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this -2*— day of(41�iQ, 2002 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 Recreational Design & Construction, Inc., a Florida corporation with principal offices located at 3990 N. Powerline Road, Fort Lauderdale, Florida 33309 (the "Contractor") to provide Design/Build services for the McNab Road Park property. 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, conditions of Request for Proposal RFP 01-09R attached hereto and incorporated herein as Exhibit "1", (General, Supplementary and other Conditions), drawings, specifications, design criteria, all addenda issued prior to, and as detailed in the Special Conditions to the project, attached hereto and incorporated herein as Exhibit "2" 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 if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to provide services for design build for the McNab Road Park Project as described in the RFP 01-09R, with all required minimum standards for construction required by the design criteria, and as required by the Final Price Proposal and Preliminary Site Plan attached hereto and incorporated herein as Exhibit "Y and per the final approved plans and specifications. b) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. c) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 1 d) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. e) 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. f) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer 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. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Officer 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. 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 The work to be performed under this Agreement shall be commenced upon the date of Contract Commencement in the Notice to Proceed and, subject to authorized adjustments, shall be substantially completed no later than two hundred seventy two (272) days after issuance of permit. 5) Contract Sum The Contract Sum for the above work is for a not to exceed amount of Eight Hundred Ninety Six Thousand, Nine Hundred Thirteen Dollars and no/100 cents ($896,913.00). K 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the McNab Road Park Design Build Project against defect for a period of one year(s) 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. 9) Indemnification 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. 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. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 3 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Joseph C. Cerrone, III President Recreational Design & Construction, Inc. 3990 N. Powerline Rd. Ft. Lauderdale, FL 33309 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) 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. 4 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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. 16) 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. 16) 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. 17) 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. 18) 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. 19) 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. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Recreational Design & Construction, Inc., signing by and through Steven L. Siems, its CEO, duly authorized to execute same. ATTEST: Marion Sw_e_ son, CMC City Clerk- CITY OF TAMARAC oa_p "'" ' 'A Joe reiber, Mayor _- -2 s7 D2 Date (0Jeffrey L. ill , City Manager Date: 4-2-02. 7 IoL11 a y Appr ve as to fo d I al suffic'ency: Date C J G � Mit II S. Kraft, Cit A rney ATTEST: Recreational Design & Construction, Inc. Corporate Secretary ignature of CEO) Type/Print Name of Corporate Secy. (CORPORATE SEAL) Steven L. Siems Type/Print Name of CEO /7 zD0 Date M CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :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 Steven L. Siems of Recreational Design & Construction, Inc., 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 2002. �ignqMre of Notary Public FRANK J. HEVEM of Florida at Large NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES MAY 18 2002 COMM #CC721697 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. -f a r EXHIBIT"1" Lm REQUEST FOR PROPOSAL 0 of oc� �oe�y BID # 01-09R DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamorac.org DATE: June 25, 2001 RFP NO.01-09R ALL QUALIFIED PROPOSERS: DESIGNIBUILD OF MCNAB ROAD PARK PROPERTY Sealed Proposals must be received and time stamped in by the Purchasing Office, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, August 15, 2001. Any Proposals received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. 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 Offerors, 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) 724-2450. VA ri r r Lynda S. Flurry, CPPO Purchasing and Contracts Manager TABLE OF CONTENTS Documents: Page Requests for Proposals 3-5 Instructions to Offerors 6 - 16 Proposal Forms 17 -- 23 Certified Resolution 24 Foreign Corporation Statement 25 Payment Bond Form 26 - 28 Performance Bond Form 29 - 32 Application for Payment 33 Sample Form of Agreement 34 - 41 Attachment "A" Design Criteria Package 42 - 46 Page 2 LZI I. STATEMENT OF THE WORK The City of Tamarac is seeking proposals from a pre -qualified design/build firm to provide all necessary professional design services and all labor, materials and equipment necessary to design and construct a site plan/park design of McNab Road Park Property. II. SCOPE OF SERVICES See Attachment "A", Design Criteria Package. III. PROPOSAL REQUIREMENTS 1. Technical Proposal Clearly describe all aspects of the project proposed. Include details of your approach and work plans. A brief statement must be included which explains why your proposal would be the most effective and beneficial to the City of Tamarac. Offerors shall submit, as park of their proposals, complete descriptions and layouts of the proposed site plan and park design including but not limited to the terms listed in Attachment "A", Design Criteria Package. Offerors must also submit a statement listing those agencies that the Offeror has consulted concerning the proposal_ The proposal must address a commitment to and timetable for the completion of the project. This section of the Proposal should provide detailed narrative specifically describing how the park site planning and park design will be conducted (please address each component described in Attachment "A", Design Criteria Package). 2. Price Proposal Submit your signed, firm, fixed fee performance -based price proposal for providing all professional design services, labor, materials, equipment and other services and supplies necessary and incidental to construction with your design/build proposal of McNab Road Park Property. The City's budget for this project is $807,300.00. Page 3 1. 3. Proposal Copies Submission in sealed envelope(s) of ONE (1) ORIGINAL and SIX (6) COPIES of the proposal should be submitted to the City of Tamarac, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, to the attention of Lynda S. Flurry, CPPO, Purchasing and Contracts Manager. 4. Addenda, Additional Information Any addenda or answers to written questions supplied by the City to participating Offeror's become part of this Request for Proposal and the resulting contract. This Proposal form shall be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result of any discussions with any City employee. Only those communications that are in writing from the Purchasing and Contracts Manager or designee may be considered as a duly authorized expression, Also, only communications from Offerors that are signed and in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. IV. EVALUATION OF PROPOSALS Selection Process: A. The Selection/Negotiating Committee will first evaluate all Request for Qualifications (RFQ 01-09Q) to identify firms with substantial experience and capabilities to propose on a Design/Build of McNab Road Park Property. B. The short listed firms will receive this Request for Proposal outlining the Design/Build Criteria and other pertinent information for their proposal submittal. C. Upon review of the proposals, each firm will be scheduled for presentations and will provide a detailed presentation of their recommendations. D. The Committee will then attempt to negotiate an agreement with the best evaluated Offeror. E. Upon completion of successful negotiations, a recommendation will be submitted to the Tamarac City Commission. Page 4 2. Evaluation Method and Criteria: Proposals will be evaluated in accordance with criteria listed below: Technical Proposal Firms Qualifications and References Project Cost Time Frame and Schedule POINT RANGE 0-30 Points 0-20 Points 0-20 Points 0-30 Points Total 100 Points 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. The City reserves the right to ask questions of clarification of any or all Offerors as part of its evaluation. As part of this process, the Offeror shall have officials of the appropriate management level present and representing the firm. The project manager should be available. The Offeror shall be prepared to present an overall briefing regarding the manner in which the contractual obligations will be accomplished. VI, AWARD OF CONTRACT The contract shall be awarded to the responsible Offeror whose Proposal is determined to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Request for Qualifications and Request for 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 of all proposals. Page 5 INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY RFP 01-09R 1. DEFINED TERMS 1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term "Offeror" means one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. The term "Successful Offeror" means the qualified, responsible and responsive Offeror to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to the City of Tamarac, a municipal corporation of the State of Florida. The term "Proposal Documents" includes the Request for Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non -Collusive Affidavit and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals). The term "CONSULTANT" shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS 2.1 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 Offeror 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) consider federal, state and local laws, ordinances, grants, rules and regulations that may in any manner affect cost, or performance of the work, (c) study and carefully correlate the Offeror's observations with the Proposal Documents; and (d) notify the Purchasing and Contracts Manager or designee of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror, 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. Pace 6 4. SPECIFICATIONS 4.1 The apparent silence of the 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 Offeror must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror 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 Offeror 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. Offeror shall submit with their Proposal complete, descriptive literature and/or specifications. The Offeror 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 Offeror fails to name a substitute, it will be assumed that they are bidding on and they will be required to furnish goods identical to Proposal standards. 5. INTERPRETATIONS AND ADDENDA 5.1 If the Offeror should be in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, they shall submit a written request directed to the Purchasing and Contracts Manager or designee for interpretation or clarification. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing and Contracts Manager or designee at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening shall not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda by certified mail, Page 7 return receipt requested, mailed to all parties recorded by CITY'S Purchasing and Contracts Manager or designee 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. 6. COSTS AND COMPENSATION 6.1 Costs and compensation shall 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 nine 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 AND PUBLIC ENTITY CRIME FORMS 7.1 Each Offeror shall complete the Non -Collusive Affidavit, and the Public Entity Crimes Form and shall have previously submitted these forms with the Request for Qualification Proposal. CITY considers the failure of the Offeror to submit these documents to be a major irregularity and may be cause for rejection of the Proposal. 8. CONFLICT OF INTEREST 8.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors 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 Offerors 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 Offeror's firm or any of its branches or affiliate companies. 9. PERFORMANCE BONDS AND INSURANCE 9.1 Prior to acceptance of the proposal, the Successful Offeror, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. Page 8 10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 10.1 The following is a summary of documents, which MUST to be submitted by the Offerors: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Offeror's Corporate Statement (d) Certificate(s) of Insurance 10.2 The following documents have been previously submitted with the Request for Qualifications Proposal. (a) Public Entity Crimes Form (b) Offeror's Qualification Statement (c) Non -Collusive Affidavit (d) Vendor Drug -Free Workplace 11. SUBMISSION OF PROPOSALS 11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 11.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. 11.3 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. 11.4 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. 11.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "RFP 01-09R DESIGN/BUILD OF MCNAB PARK PROPERTY," and shall state the name and address of the Offeror and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing Office for the premature opening of a Proposal not properly addressed and identified. Page 9 11.6 In accordance with Chapter 119 of the Florida Statutes (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 in the public domain. However, the Offerors are requested to identiyMecifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 11.7 All Proposals received from Offerors in response to the Request for Proposal will become the property of CITY and will not be returned to the Offerors. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 12. MODIFICATION AND WITHDRAWAL OF PROPOSALS 12.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 12.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror 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 Offeror may withdraw its Proposal and the Bid Security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 13. REJECTION OF PROPOSALS 13.1 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 Offeror, 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. Page 10 13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would not be in the best interest of the CITY to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. 14. QUALIFICATIONS OF OFFERORS 14.1 Each Offeror shall complete the Qualifications Statement and have previous submitted said statement with his Request for Qualifications Proposal. Failure to submit the Qualifications Statement and any documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. 14.2 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check by the Broward Sheriffs Office of Offeror. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 14.3 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 for unreliable by CITY. 14.4 CITY reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 15. INSURANCE 15.1 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 Manager before beginning work under this Agreement. Offeror shall maintain such insurance in full force and effect during the life of this Agreement. Offeror shall provide tothe City's Risk Manager 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. Page 11 15.2 The following are required types and minimum limits of insurance coverage, which the Offeror agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggre ate Commercial General Liability $1,000,000 $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 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 15.3 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. 15.4 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. 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. Page 12 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. 15.5 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. 16. INDEMNIFICATION 16.1 GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Offeror shall indemnify, defend, save and hold harmless the CITY, its officers, elected officials, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have arisen out of or inconsequential arising of the products, goods or services furnished by or operations of the Successful Offeror or their subcontractors, agents, officers, employees or independent Contractor pursuant to the Contract, specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Offeror and/or their subcontractors, agents, servants or employees in the provision of the goods and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the Contract, whether patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Offeror, their subcontractors, agents, servants, independent Contractor or employees; (g) the breach or alleged breach by Successful Offeror of any term, warranty or guarantee of the Contract. 16.2 The Successful Offeror 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. 16.3 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 Offeror 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. Page 13 17. WARRANTIES 17.1 Successful Offeror 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 Offeror is a party. 17.2 Successful Offeror 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. 17.3 Successful Offeror 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. 17.4 All warranties made by Successful Offeror together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 18. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 18.1 During the performance of the Contract, the Successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; 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 Offeror(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. 19. TAXES 19.1 Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 20. PERMITS, FEES AND NOTICES 20.1 Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of all permits, fees, licenses and charges shall be included in the price Proposal, except where expressly noted in the specifications requirement. Page 14 21. TERMINATION FOR CAUSE AND DEFAULT 21.1 In the event Successful Offeror 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 Offeror of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten 10 calendar days thereof. In the event Successful Offeror 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 Offeror shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 22. TERMINATION FOR CONVENIENCE OF CITY 22.1 Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of. the notice of termination for convenience, Successful Offeror shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 23. CANCELLATION FOR UNAPPROPRIATED FUNDS 23.1 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. 24. AUDIT RIGHTS 24.1 CITY reserves the right to audit the records relating to this contract of Successful Offeror 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 Offeror shall agree to submit to an audit by an independent certified public accountant selected by Page 15 CITY. Successful Offeror shall allow CITY to inspect, examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 25. ASSIGNMENT 25.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 25.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and CITY may, at its discretion, cancel the Contract and all rights, title and interest of Successful Offeror shall thereupon cease and terminate. Page 16 PROPOSAL FORM FOR DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY SUBMITTED TO: City of Tamarac Purchasing & Contracts Manager 7525 NW 88" Avenue Tamarac, Florida 33321 1. The undersigned Offeror 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. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Offerors, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents. 4. Offeror has given the Purchasing and Contracts Manager 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 Purchasing and Contracts Manager or designee is acceptable to Offeror. 5. Offeror proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as follows- DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY NOTE: OFFERORS MUST DELINEATE DETAILED COST BREAK-OUTS ON ATTACHED SHEETS AND MAY ADD ITEMS PROVIDED THAT MINIMUM REQUIREMENTS AS SET OUT BELOW ARE INCLUDED. 6. Offeror will provide services to the public for the following costs: Page 17 ITEM DESCRIPTION A. Site Plan/Park Design Seventy-eight Thousand, Two Hundred and 00/100 Dollars B. Construction One Million & Seventy-six Thousand, Three Hundred & Eighty-four and 00/100 Dollars C. Alternate #1 One Hundred & One Thousand, Six Hundred and Forty and 00/100 Dollars . TOTAL COST $ /Ov � (fjj c�' One Million, Two Hundred & Fifty --six Thousand, Two TOTAL DESIGN/BUILD COST Hundred & Twenty-four & $ 4p 00/100 Dollars 7. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposal: Addendum No. 1 Date July 28, 2001 #4 Date October 9, 2001 Addendum No. 2 Date July 31, 2001 #5 . Date October 24, 2001 Addendum No. 3 Date August 13, 2001 #6 Date October 30, 2001 8. The following documents are attached to and made as a condition to this Proposal. - (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Offeror's Foreign (Non -Florida) Corporate Statement (d) Certificate(s) of Insurance 9. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 10. The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best interests. AanP 7A 11. The correct legal name of Offeror is: Recreational Design & Construction. Inc, 3990 North Powerline Road City/State/Zip: Fort Lauderdale, FL 33309 _ Telephone No.: (954)566-3885 Social Security No. or Federal I.D. No.: 65-0439173 12 Communications concerning this Proposal shall be addressed to: Joseph C. Cerrone, III, President 3990 North Powerline Road Fort Lauderdale, FL 33309 Submitted on November 14 Proposers Name: Recre4tkiKal Desi at the following address: 1 n & Construction, Inc. NOTE: Proposal submittals without the manual signature of an authorized agent of the Proposer shall be deemed non -responsive and ineligible for award. TERMS Delivery/completion % DAYS: 2'7 a calendar days after receipt of Purchase Order. NOTE: To be considered eligible for award, one (1) ORIGINAL AND SIX (6) COPIES OF THIS PROPOSAL FORM must be submitted with the Proposal. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Proposal is not being submitted at this time. Return the Proposal Form to avoid removal of Proposer from the City of Tamarac's vendor listing. Page 19 OFFEROR'S CERTIFICATION WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this 14 day of November 20 01 Recreational Design & Construction, Inc. Printed Name of Corporation Florida Printed �to Incorporation (CORPORATE SEAL) ATTEST: Secretary w AN� I resident or other authorized Joseph C. Cerrone III Printed Name of President or other authorized officer 3990 North Address of Corporation Fort Lauderdale, City/State/Zip (954)566-3885 Business Phone Number On this the 14 day of November , 20 of , before me, the undersigned Notary Public of the State of Florida , the foregoing instrument was acknowledged by —,Joseph C. Cerrone, III [Name of corporate officer(s) and his/her/their corporate title(s)) Of Recreational Design & Construction. Inc. _ on (Name of corporation and state or place of in P uLLAaJONESwALKER -behalf of the corporation.ca�rccvsosoz WITNESS my hand�0 20D` and official seal. _ NOT VJQLI RIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public. Print, tamp, 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. OPTIONAL INFORMATION: Type of Document: Number of Pages- Number of Signatures CERTIFIED RESOLUTION 1, Steven B. Westervelt (Name), the duly elected Secretary of Recreational Design & Constr(Corporate Title), a corporation organized and existing under the laws of the State of Florida , 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 Steven L. Siems (Name)", the duly elected CEO (Title of Officer) of Recreational Design & Construction, Tn(Corporate Title) be and is hereby authorized to execute and submit a Bid 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 Bid, 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 Steven L. Siems CEO Joseph C. Cerrone President Given under my hand and the Seal of the said corporation this 1%A day of (j 0 it Mb-QX , 20 o 1 . (SEAL) B Secretary cC jaf Corporate Vitle 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 Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM EPARTMENT OF STATE CORPORATE CHARTER NO. _ ( N / A ) If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW! the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (904) 488-9000 for assistance with corporate registration or exemptions. 607.1 501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department o; State. (2) The fo::owing activities, among others, do not constitute transacting business within the meaning of subsection (1): (a) Maintaining, defending, or settling any proceeding. _(b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. fc) Maintaining bank accounts. _(d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. (e) Selling through independent contractors. _(f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. (i) Transacting business in interstate commerce. (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. (:c) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. (I) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (I) Partnership, Joint Venture, Estate or Trust (II) Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME 9695292; Apr 19 02 10:07AM; Page 1/1 Sent BY: PJK; ACORD PRODUCER CERTIFICATE OF LIABILITY INSURANC nCRR-1 _°A04/1 02 THIS CERTIFICATE IS ISSUED AS A MATTFR OF INFORM TI N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.J.K. INSURANCH, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2 500 NORTH POWERLINE ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POMPANO BXACH Fr. 33069 Phone:954-979-5855 INSURED Recreational Design & Construction, Inc. 3990 Pawerline Rd OaklaunPark FL 33309 COVERAGES INSURERS AFFORDING COVERAGE INSURER A STEADFACT _ INsuRER B Gulf Undarwri tnra Ins. Co, INSURER L. ASSURANCE CO OF AMERICA iINSURER a ANCOMP PRZFZRRED TNSURANC9 CO. INSURER E COLUMBIA CASUALTY INS. CO. THE POLICIES OF INSURANCE LISTED RELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHISTA)'10ING ANY REQUIREMENT, TERM OR LUNUITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE MLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EACLUSIONS AND CONDITIONS OF SUCH POLICIkS AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCF.D BY PAID CLAIMS NSR• Lrft TYPE OF INSURANCE j POLICY NUMBER DATE FFVPED✓CYY ! pATEYMhVOW Y N ---- LIMITS GENERAL GENERAL LIABILITY I I EAGNOCCURNt NCE ! S 1,000,000 A X COMMERCIA1.C,,,LNLHALLIABILITY I SCO5227438 01 03/15/02 ; 03/15/03 FIREDAMAGE (Anyone Ate) 1 50,000 CLAIMS MADE f x 1 OCCUR j ME EXP (My ant person) S 5,000 ' PERSONAL 1 ADV INJURY $ 1.0001000 I QENERAL AGGREGATE S Z, 000, OOO CEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS • COMPfOP A. i 1 110001000 ' POLICY JER r Ej LOC - -•• AU C I x1 TOMOBILE LIABILFFY ANY AUTO 037733371 I COMBINEOSINCLELIMIT 1 1,000,000 03/12/02i 03/12/03 (E9ACCIdI�I) • ALL OWNED AUTOS LDI_Ly1-I---1)`URY 1 [to SCHEDULED AUTOS � X I HIREDAUTOS I I I BODILY INJURY X ' NON-CWNEO AUTOS (Per acricenl) i S 1 PROPERTY DAMAGE S (re. a[Gdc,d) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO I GA ACC_ OTHER THAN .__ S AUTO ONLY' AGG 1 EXCESS LIABIL.TTY EACH OCCURRENCE S10,000,000 » x OCCUR (--_JCLAIMSMAOE GU2856916 03/16/02 03/16/03 nooR►.cATE s -� DEOUCTIaLE- ' RETENTION $ -•^ _..__ WORKERS COMPENSATION AND I X ' A TU TONY LIMITS F.R j D EMPLOYERS'uABILITY WCV4077749 12/01/01 +' 12/01/02 ' EL. EACH ACCIDENT { $ 1000000 I I I-E-L EL DISEASE.EAEMMOYEE:1 1000000 DI8EA13E-rOLICYLWIT S 1000000 OTHER )` I E 1Professional 11-404-50-42 I 10/01/01 10/01/02 Per Claim $1,000,000 iL:lalbilit Aggregate $2,000,000 IEaCNIP'TION OF OPEKATIpN¢/LQf AT*M&,YEMCLESIE%CLUSKDNa ADDED BY ENVORSEMENTI'PECIAL PROVISIONS CITY OF TAMARAC I3 LISTED ADDITIONAL INSURED FOR JOB:MCNAB ROAD PARK **`*WA1V9R OF SUBROGATION CAN HE OBTAINED AS SOON AS INSURED RECEIVES COPY OF CONTRACT TO SUBMIT TO WORK COMP CARRIER**** :ERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION CITY OF TAMARAC ATT: ALBERT BUILDING DEPT. 7525 N.W. 88TH AVENUE TAMARAC FL 33321 LCORD 25-S (7/9T) TADSAR-1 SHOULD ANY OF THE ABOVE DESCRIBLD POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTE N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUY FAILURE YI)1 DO 30 SIIAI I. IMPOSE NO OBLIGATION OR DARE ITY OF ANY KIND UPON THP INSUArR. ITS A4CNT7 OR REPRESENTATIVES Pattie J. Kane, CEO I _ OACORU CORPORATION 198.9 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. O1-o2o to the City of Tamarac for DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY 2. This sworn statement is submitted by RECREATIONAL DESIGN & CONSTRUCTION, INC. (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 65-0439173 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is JOSEPH C. CERRONEL_ III (Print name of individual signing) My relationship to the entity named above is _ pREsTpE_'jT___ T 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or polo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls Page 1 of 3 c. another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SEJCTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN T FORMATION CONTAINED IN THIS FORM. (Signature) ell (Date) Page 2 of 3 ACKNOWLEDGMENT State of Florida County Of BROWARD On this the 3l day of N\..L _ , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared JOSEPH C. CERRONE, III _ 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, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: NTHz LUNT (Name of Notary Public: Print, Stamp, or Type as Commissioned) t!kPersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CYNTHIAGLUNT DIY -CAIMISSION * CC 823743 uc.St a2CE,(P;PES A,O3 `•%r �: 'rC?• ikndaC Thrd'Wlary h0l. UcCar�. r.t•5 Page 3 of 3 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 ADDRESS: 7525 NW 88"Avenue Tamarac, Florida 33321 Check One Submitted By: RECREATIQNAL. DESIGN & CONSTRUCTION, IN© Corporation Name: LQ.SEPH ONE III ❑ Partnership Address: 3990 N. POWERLINE RD OAKLAND ❑ Individual Principal Office:SAMF ❑Other Telephone No. (95� 566-3885 Fax No. (954) 566-3335 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: EATIONAL DESIGN & CONSTRUCTION, INC. The address of the principal place of business is: NORTH POWERLINE ROAD OAKLAND PARK, FLORIDA 33309 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: SEPTEMBER 28, 1993 b) State of Incorporation: FLORIDA c) President's name: JOSEPH C. CERRONE III d) Vice President's name: MIKE ROZOS e) Secretary's name., STEVEN B. WESTERVELT f) Treasurer's name: STEVEN B. WESTERVELT g) Name and address of Resident Agent. THOMAS R. SHAHADY 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: Page 1 of 6 EXHIBIT "A" LEGAL DESCRIPTION: PORTION Of TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANCE 41 EASE FLORIDA FRUIT LANDS COMPANY'S SUBOMS/ON NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS Of PALM BEACH COUNTY, fLORIDA, LYING IN THE CITY OF TAAWRAC, BROWARO COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEC.!N AT THE NORTHWESTERLY CORNER Of PARCEL A' iEC PLAT N0. I' ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 151, AT PACE J2, Of THE PUBLIC RECORDS Of DROWARD COUNTY, FLORIDA (SAID POINT OF BECINN'IIC BEING 55.00 FEET SOUTH OF AS MEASURED AT RICH[ ANGLES TO, THE NORTH LINE Of THE NORTHWEST 114 OF SAID SECTION 7); THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A' ALSO BEING THE EASTERLY BOUNDARY OF THE AfOR£MENTIONCO TRACT 16. FOR 60781 FEES• THENCE SOUTH 89 DECRIES 29 MINUTES 5J SECONDS WEST ALONG THE SOUTHERLY BOUNDARY Of SAID TRACT 16, fOR 572.21 FECT,- THENCE 11ORTH CO DECREES IJ MINUTES 25 SECONDS WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE SAWCRASS EXPRESSW;Y, AS RECORDED IN OFfICLAI RECORDS BOOK 12196, AT PACE J80, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR 648.40 FECI; THENCE NORTH 89 DEGREES JJ MINUTES 15 SECONDS EASC ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTH, AS MEASURED AT RIGHT ANCICS TO, THE NORTH LINE OF THE NORTHWEST 114 OF S410 SECTION 7, FOR 570.04 FCCT; THENCE SOUTH 00 DECREES 24 MINUTES 55 SECONDS [AST, ALONG THE EASTERLY BOUNDARY LINE OF SAND TRACT 15, DOR 40.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8,4975 ACRES, MORE OR LESS. f NOTES: B_,;RINCS SHOWN HEREON REFER TO AN ASSUMED N89'JJ'15 [, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SECTION 1 TOWNSHIP 49 SOUTH, RANC£' 41 EAST. .� 1o1u1 SHEET 2 OF 2 SHEETS F,le name: K1 074940 MNABPARK. DWC LAND PLANNERS • ENCINEERS * LAND SURVEYORS (LBy87) 3240 CORPORATE WAY MTRANAR, FLORIDA 33025 TEL. N0.(954)435-7010 FAX NO. (954)438-3288 ORDER NO. 182814-A PREPARED U EHtp)�PERVISION 1 DATE 05-01-01 SEC'Y -TREAS OF TAMS n n 'oLQRlpp' � City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY RFP NO. 01-09R ADDENDUM NUMBER 1 July 28, 2001 The attached information has been requested and is being distributed for clarification. 1. Conceptual Site Plan for Grant submittal. The expectation is that the Proposer will submit creative suggestions and ideas regarding final design of Park. If you have any questions regarding this addendum, please call (954) 724-2450. a. aS• _ Ly a S. Flurry , CPPO OP rchasing and Contracts Manager attachment (1) Equal Opportunity Employer w 0 ,� aF TA ��ORID.P City of Tamarac Finance Department, Purchasing Division 7525 N.W 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamorac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF McNAB ROAD PARK PROPERTY RFP NO.01-09R ADDENDUM NUMBER 2 July 31, 2001 The attached documents have been requested and are being distributed for your information. I. City of Tamarac Resolution No. R2000-215 —Application for Urban Forestry Grant - $10,000.00 2. City of Tamarac Resolution No. R2000-248 — Florida Recreation Development Assistance Program (FRDAP) Grant Application - $175,000.00 3. City of Tamarac Resolution No. R2001-34 — Broward County Safe Parks & Land Preservation Challenge Grant Funds — McNab Park - $500,000.00 4. City of Tamarac Resolution No. R2001-44 -- Contract for the Purchase and Sale of Real Property and Corresponding Addendum between Samuel Butters and the City of Tamarac - $22,300.00 5. City of Tamarac Resolution No. R2001-52 — Florida Department of Environmental Protection Land and Water Conservation Fund Grant - $100,000.00 6. City of Tamarac Resolution No. R2001-158 — Agreement -- Silverstein Enterprises, Inc. — Environmental Mitigation Program 7. City of Tamarac Resolution No. R2001-159 — Agreement — Industrial Development Company of America, LLLP — Environmental Mitigation Program If you have any questions regarding this addendum, please call (954) 724-2450, Lyn S. Tlurry, CPP0 Purchasing and Contracts Manager attachments as above (7) Equal Opportunih; Employer „off ,rar'q� .r(0RIOP/ City of Tamarac Finance Department, Purchasing Division 7525 N.W.88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 72442408 Website: www.tamarac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF McNAB ROAD PARK PROPERTY RFP NO. 01-09R ADDENDUM NUMBER 3 DATE OF ADDENDUM: August 13, 2001 REVISED PROPOSAL DUE DATE: SEPTEMBER 28, 2001 at 2:00 p.m. Proposers are hereby notified that this Addendum shall be attached to and made part of the above named Proposal Documents, dated JUNE 25, 2001. The following information and attachments have been requested and are being provided as additional information. The City is in the process of acquiring a topographic survey and the results will be forwarded upon receipt of said survey. Additionally, the property in question is in the process of being zoned F1 and all development pursuant to this RFP will fall under this category. Further, the City's Comprehensive Plan states that parks are a permitted land use within the industrial area and an amendment to the land use plan is in process and will be completed before any construction takes place on this property. (see attachment). The following is in response to questions submitted for clarification: 1. Question: Please clarify the issue of site clearing and canal excavation as it relates to the proposed construction. Is it simply funded by the developers and within our scope or is this work being performed by other entities before we get to the site? If is performed prior, how much clearing is it? What areas are being cleared? Is it being cleared of the muck down to good soil conditions? Answer: See Addendum #2 Item #4 2. Question: Similar questions for the "wetlands development”. Is this work being done by other entities prior to the proposed construction? How much wetland area is being created and where? The RFP indicates that we should incorporate these areas into our plan. We will need to know their layout and composition. The RFP goes on to say that additional clearing and grubbing not covered in Developer's Agreement shall be considered. Please define what is covered in the Developer's Agreement. Answer: See Addendum #2 Items 4, 6 & 7 Equal Opportunity Employer Addendum #3 Design Build McNab Road August 13, 2001 3. Question: The last line of page 43 of the RFP indicates that "Construction of wetland to be performed by others." Please clarify. Answer: See Addendum #2 Items 6 & 7 4. Question: A small Amphitheater/Bandshell is listed in the required amenities. Later in the RFP, a small Amphitheater/Bandshell is listed under "Alternate Construction". Please clarify. Furthermore, how much permanent seating is required? Answer: Per RFP, Amphitheater/Bandshell is to be included as an alternate item. The Amphitheater/Bandshell should be approximately 1300 square feet with permanent seating and grass overflow. 5. Question: Any information available relating to SFWMD wetlands determinations, existing permits, or other wetlands assessments? Answer: See Addendum #2 Item 7 6. Question: Is there a monitoring agreement required for the wetlands? Answer: See Addendum #2 Item 6 If you have any questions regarding this addendum or require further clarification, please submit your inquiry in writing to my attention or call (954) 724-2450, Sincerely, *LdXaSbFlurry, CPPO Purchasing and Contracts Manager c: Evaluation Committee Attachment (1) Flu" 19 01 09:16a city of tamarac 9547241995 p.2 Goals.Ob"ectives.Policies Future Land Use Element Policy 1.3 This Future Land Use Element establishes the following specific density and intensity standards for each future land use category: LAND USE DENSITY/ ALLOWABLE USES INTENSITY Residential: Low Density Up to 5 du/ac Dwellin units hotels motets arks ^olf courses other outdo recreation c mmunit facilitie servin residential areas ublic utilities communication facilities s ecial esidential facilities and limited o ces and retail I oNN--Medium _ Up to 10 du/ac Same as above Medium — _ — Up to 15 du/ac Same as above — Medium —High _ Up to 20 du/ac Same as above Commercial 35% lot coverage Retail office and business wholesale storage maximum hotelsm , motels,, recreationcomun tyacilities- u lic utilities s ecial residers i 1 facilities trans ortation nd communications facilities. Industrial 30% lot coverage Light and hea industrial heaa commercial maximum res ar and facilities offices trap ortation and communication facili ie recreation cemeteries commuruty facilities and utilities non -re idential a ricul rean-!�illary commercial use%. limited commercial and retail businesses and hotels/motels. Commercial N/A Indoor and outdoor recreation facilities Recreation accessory facilities ancill hotels and motels and other active/passive recreation uuses. Recreation N/A Active and passive recreation olf courses cam rounds boat ram s/ c tdoor cultural educational and civic facilities. and access )1y concessions. Conservation N/A Passive recreation and open space. Utilities N/A tilitie ancilla u e recreati n non- residential agriculture and communications facilities_ Community Facilities N/A C mmunityfacilities and special,residential facilities. Major N/A Ex resswa s. Transportation City of Tamarac 9 1997 Comprehensive Plan ORIDP`'� City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF McNAB ROAD PARK PROPERTY RFP NO. 01-09R ADDENDUM NUMBER 4 DATE OF ADDENDUM: October 9, 2001 REVISED PROPOSAL DUE DATE: NOVEMBER 14, 2001 at 2:00 p.m. PRE -PROPOSAL MEETING: OCTOBER 16, 2001 at 2:00 p.m. Proposers are hereby notified that this Addendum shall be attached to and made part of the above named Proposal Documents, dated JUNE 25, 2001. The following information and attachments have been requested and are being provided as additional information. 1. Pre -Proposal Meeting will be held on October 16, 2001 at 2:00 P.M. in City of Tamarac Conference Room 204. This meeting is being held to provide question and answer session for Proposers and City staff. 2. Sketch of Boundary and Topographic Survey (hard copy and diskette attached) 3. Water and Sewer Connections — This cost shall be submitted an alternate cost in your proposal. It is anticipated that the contractor will be responsible for this aspect of the project, however, will consider the overall cost in our final decision. This will include lift station and tie into water and sewer connections. City staff will discuss this aspect of the project during the Pre -Proposal meeting. 4. The soil borings report will be forwarded upon completion. All other terms, conditions, and specifications shall remain the same. If you have any questions regarding this addendum or require further clarification, please submit your inquiry in writing to my attention or call (954) 724-2450. Sin erely, xX � Z Ly a S. Flurry, CPPb Purchasing and Contracts Manager c: Evaluation Committee Attachments (2) Equal Opportunity Employer City of Tamarac rinance uepartment, Purchasing Division 7525 N.W. 88th Avonue, Tamarac, Florida 33327-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tcimarac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF MCNAB ROAD PARK PROPERTY RFP NO. 01-09R ADDENDUM NUMBER 5 DATE OF ADDENDUM: October 24, 2001 PROPOSAL DUE DATE: NOVEMBER 14, 2001 at 2:00 p.m. Proposers are hereby notified that this Addendum shall be attached to and made part of the above named Proposal Documents, dated JUNE 25, 2001. The following information is being provided pursuant to questions during the Pre - Proposal Meeting held on October 16, 2001, 1. Is detailed Water and Sanitary Sewer Information available? Please find attached diskette with the detailed Water and Sanitary Sewer information (attached as Exhibit "A"). Should there be any be any problems accessing the information, please contact Trevor Feagin, GIS Manager at (954) 724-1295. 2. What is the distance between a fire hydrant and the restroom and amphitheatre? The minimum distance required between a fire hydrant and the restroom and amphitheatre will be 200' (as hoses deploy). Should there be any questions regarding this requirement; please contact Paul Forsberg, Assistant Fire Chief or David Viele, Fire Inspector at (954) 724-2436. 3. What size water line will be required to hook up to the fire hydrant? The minimum size of the water line that will connect to the fire hydrant(s) will be an eight (8") inch line. Should there be any questions regarding this requirement; please contact Paul Forsberg, Asst. Fire Chief or David Viele, Fire Inspector at (954) 724-2436. 4. What is the proposed building elevation? Section 10-266 of the City's Code of Ordinances provides the minimum building elevation requirements (attached as Exhibit "B"). Due to the fact that this site will be considered "Non -Residential" the City's Code requires the minimum elevation of the first floor to be level with the one -hundred year contour or 6" above the crown of the nearest road (McNab Road), whichever is greater. Should there be any questions regarding this requirement; please contact Paul Gioia, Building Official or Rick Anderson, Chief Structural Inspector at (954) 724-1250. Equal O000rtunity Emntnvnr Page Two Addendum #5 October 24, 2001 5. What is the size of the dumpster enclosure? Please find attached Exhibit "C" showing the City's typical Dumpster Enclosure Detail. 6. What is the parking lot criterion? Please find attached Exhibit "D", the City's Code requirements for Parking Lot Lighting, 7. What are the City's landscaping requirements? a) Please find attached as Exhibit "E" detailing information relating to City's Landscaping requirements. Since there is no specific information regarding the exact amount of pervious and impervious land, the calculation is being provided. Should there be any questions, please contact David Ofstein, Planning & Zoning Manager at (954) 724-1294, b) The vegetative communities (primarily ferns) onsite must be preserved. The ferns are located along the western agricultural ditch (see Exhibit "F"). The fern communities must be preserved during site clearing and included in the landscaping plans. 8. The Soil Boring Report has not been completed and will be distributed at a later date. All other terms, conditions, and specifications shall remain the same. If you have any questions regarding this addendum or require further clarification, please submit your inquiry in writing to my attention or call (954) 724-2450. Sincerely, Lynda S. Flurry, CPPO Purchasing and Contracts Manager c: Evaluation Committee Attachments (6) LAND DEVELOPNtEN'f REGULATIONS television camera until found acceptable. Service connection lines need not be inspected by this method, (Coda 1975, § 24-38) Sec. 10-248. Water distribution system--Gen- crally. A water distribution system, providing potable water from an approved treatment facility, shall be provided to serve all parcels of the subdivision or principal buildings of the development. The pipes shall be sized to provide fire protection and an adequate supply of domestic water for all rca- sonably anticipated construction and occupancies. (Code 1975, § 24-39) Cross reference—Utiliticc, Ch, 22. Sec. 10-249. Same —Design and construction, (a) The water distribution system shall con. form to all requirements and minimum standards of the applicable state and county regulatory agen- cies unless more stringent standards are estab. lishcd herein. (b) No pipe other than service lines shall be smaller than four inch nominal diameter. The piping for ('ire protection shall provide (during peak water demand) i minimum residual pressure ofat le zst twenty (20) psi when seven hundred fifty (750) gpni is simultaneously withdrawn from any two (2) hydrants. (c) fire hydrants shall be placed on lines six (G) inclres nr ch�jl An c��arr�l :.0 that Ll,:: lard-:_';` ; t::,a of <^.jf ing.5 'divisions thcrcof or dwelling units therein, and all building areas of site plan and parcels are within three hundred (300) feet (as a fire hose would normally be deployed) of a hydrant. (d) Valves shall be so located that a break at any point in the systern may be isolated without causing interruption to service of more than two (2) rosidential blocks or muro than one (1) conr- mercial or business block. (Cod(., 1975, § 24.40) Scc. 10-2 -0. Same --Materials for pipe and fit- tings. (n) All water distribution sy ,teni mains shall Le six (G) inches or larger and shall be constructed G99 Exhibit "B" 4 10-266 of cement -lined ductile or cast iron, meeting the applicable American Water Works Association specification, depending onsuch design conditions, flow rates and pressure differential as may be pru. dently anticipated. (b) Service pipe shall be constructed of type K copper tubing or polyvinyl chloride (scliedule 40 or better) and shall bear the National Sanitation Foundation seal for potable water pipe. PVC shall be protected by a sand envelope cushion at least one (1) inch thick all around when installed. (Code 1975, § 24.41) Sces, 10-251-10-265, iieserved. DIVISION 7. BUILDINGS* &C. 10-266. General requirements. (a) In order to comply with the requirement of thc*Fcdcral Flood Insurance Frog*rain, a one•hun• dred-year flood elevation map has been adopted by the board of county commissioners by resolu- tion dated August 16, 1977, and is filed in 111'is- cellancous flat Book 4, page 13. The contour as shown on the one -hundred -year flood elevation map indicates the minimum elevation of the first floor level of buildings to be cons truc ted.'The'gdV-" ` erning factor for the elevations of the first Jloor' - i.gel is t"e one -hundred -yeas c-aL.:.:..r. c_ c-1::1 t zin \i3) inchea above the crown rr"t tt : A crest residential buildings or six (6) inches above the crown of the nearest road for nonresidential build. ings, whicliever is higher. (b) In the alternative, the city- council may Permit a lesser elevation where the city engineer certifies that the crown of the adjacent street is at a level above mean sea level which would war. rant such lesser elevation for a specific parcel, upon Such terms and conditions as the city couriCil deems advisable (however, not below the one -hun- dred -year Rood). (Code 1975, § 2.4.42) 'Cruse rcrcrcncc—Buildini;.i and b.iilding re6ulition-;. Lil• S. "FI BMLDINGS AND BU11,Ai1VG REGULATION - Exhibit-"C' § 5•166 daily. Further, the water must be carried to a drain in a lnanner approved by the plumbing in- spoctor, (b) As a prerequisite to the issuance of any permit for a swimming pool, the contractor or owner must post with the city a two -hundred - dollar cash bond. This bond is in addition to all other fees applicable to the construction of a swim• ming pool. This bond will ensure that the areas where the water is pumped, whether it is to yards, glass swales or city catch basins, is left clear of all sediment. The bond will be released when the city engineer certifies cleanup is satisfactory. This final inspection by the city engineer of the cleanup of the pumped water will be a necessary prerequi- site to the issuance of a certificate of occupancy for the Pool, (Code 1975, § 25.5) Secs. 5-151-5-165. Reserved. A.IMCLE VIU. EXTERIOR'1-RASH CONrA.I:NER ENCLOSLMESk Sec. G-166. Requtiremcnts. (a) All bulk containers required by the county code of ordinances relating to the collection and disposal of garbage shall be designed, constructed and maintained in conformance with the stan- dards and criteria of this article. (b) The petitioner's responsibility to demon- strate compliance witli the aforesaid shall be re• quired prior to receiving approval of either a pre- liminary site development plan, requestinga final building inspection or certificate of occupancy. (c) The owner and/or tenant shall submit to the chief building official proof of a contract for col- lection of trash and garbage with a collector fran- chised in the city prior to requc&ting any certifi- catc of occupancy or occupational license in a format available in the office of the city cleric, (d) All exterior trash enclosures in new devel- oprncilts or requested revisions in existing devel- •Cross references-- health, sanitntion rued nui9nncea, Ch. landscaping, Ch_ 11; solid waste, Ch_ 19; dumpater9, 6 19-51 et scd.; solid wasle disposal, § 19.71 et seq. Supp. No. 345 opments, or upon request for a new or renewed occupational license involving the retail or whole- sale consumption, manufacturing, sale or storage of food or food products, shall be required to comply with the following standards: (1) It is the responsibility of the proposed user to identify the number, size and material of all trash containers and enclosures, either known or generolly estimated, on the pre. liminaiy site development plans submitted to the city for development or building per. mils. (2) All trash receptacles shall be required to be shielded by solid masonry walls (stuccoed and painted) and solid gates. However, each exterior trash enclosure approved after No- vember 14, 1979, shall have a thirty -inch opening on one (1) side, which shall be used to enable a person to walk into the enclo• sure to deposit trash. There shall be a step or steps which would enable an individual to reach the top of the dumpster itself, and a wheel stop shall be installed within tho enclosure to prevent the dumpster from rolling and covering the step. This opening and step are for the purpose of Allowing side entry into the dumpster area so that small items of trash may be more easily disposed of without the need to open the gate. (3) The height of the walls and gates shall be as follows: Up to 5i-i-cubic yard container, six (6) feet high; Up to tight -cubic yard container, eight (8) 4- feet high, (4) The minimum inside dimension of the en- closure shall be three (3) feet wrier than the width of the receptacle and two (2) feet dux than the depth. If the size o the receptacle is unknown, then the minimum sizo of a proposed enclosure shall be no less thasi ten (10) feet by ten (10) feet (inside imcnsrons with six-foot irgh wa s. (5) T sere 1;t atcs of tho enclosure shall have no panel wider than six (6) feet and shall be I 5•lGG TA.MARAC CODE constructed of a material of sufficient strength to withstand normal daily use of rubbish disposal and pickup. Chain link Grates with slats are not permitted. Solid metal posts shall be placed in front of the gate hinges, However, hinges may be at- tached to the pasts. (6) The base of the enclosur s to be concrete with a minimum o� inches in depth. (7) The enclosures shall be permitted to en• croach into the side and rear setbacks up to three (3) feet from the property line when the abutting property is zoned B-1, B-2,13.3 or M-1, When the enclosure is placed adja- cent to property lines abutting all other dis- tricts, the setbacks shall be the same di- mensions as for the principal buildings. (9) ,All interior trashrooms to be constructed after January 1, 1982, and within a multiple -family development shall have in addition to gates through which would pass ciumpsters, a fire -rated thirty -inch -wide door for accessibility by residents, (9) All interior enclosures shall be provided v,ith an automatic sprinkler, washing facil- ities, deodorizing system and wash -down water system on each floor of the chute and the trashroom. (10) All trash receptacles and enclosures shall be located in a position convenient to pickup by front-end and back -end loaders. (Code 1975, § 7,30) Secs. 5.167--5.169. Reserved, ARTICLE IX. PLUMS LNG Sec. 5-170. Water Conser-vation. (a) No new or replacement water closet, faucet or showerhead shall be employed with a flow rate or flush volume in excess of the maximum speci- fied below: iupp. No. 15 34G WATER CONSUMPTION IN PLUMBING FIX. TURES Residential Commercial Fittings Fixture Use and Public Tank 7W* 1,6 gpf Water closets 1,nvotory faucets 2.0 gpm 0.25 gpc or 0.5 gpm Lavatory sinPs 2.0 gprn 2.0 gpm sllowerheads 2,0 gpm 2.5 gpm Handicap with flushometer 1.G gpf rlushometer valve (floor 1.6 gpr mount) F'luahometer valve (wall 1.6 gpf mount) Key: gpf--gallons per flush; gpm—gallons per minute; gpe—gallons per capita. (b) The installation of tank -type water closets having n tank capacity in excess of one and six. tenths (1.6) gallons shall be permitted ifsuch water closets are equipped with a device that reduces average water consumption to not more than one and six-tentlis (1.6) gallons. The consumption shall not exceed two (2) gallons per !lush at any one test pressure. (Ord. No. 94.2, § 2, 1.26.94) Me next page is 3971 (e° 4 A Y 'O Y N V M V V L. • + If' o �. •14 C y • y F •� r w ■ r u 17" lr C F Eil r 1y. .Ml CAll q • ■ A M u ■ • C 4 t"l K d O W O r7 4 A. (,,� 0• T u A O Y (� W W �+ •r D H 11 0 I a W M• .� n Y~ �1 0 ` FI O •.. W r r JG 7 O A W M •r. •w 4 '�. Y �+ v r-a IfY X b N W w N■ N Iq r•� .+ y .,+ 0 v 0 x M M 0 Y Go ' �� t y •Ft C� �� 4 A 1. w 0 ..� 6 Y H■ Y Y v FFr u w c c w n p y U N M r w •o Y u N s x I Y rr u :� u w • w t' Ilk 1•� n N V Ca N vi a1 �,; ,j w z>ro"�l wA I pig C }rn� 9 a03 u�-',9 w °" 4 F.. a N P p Fww+ 9 p A • N A } u F+ N � Q 4 M a .Ni Y Y 61 A X d CJ w fj sNO a Er A %64 Owl U m t Y U f1 Y� Y o x a 1 ? u a I '� a I � • � Y r1 -L uw W bs 1 N ° v0 ZONM G 1 24.580 (7) In order to minimize offensiveness to per- (3) Full circulation parking lot means a parking sons on neighboring property and to elimi- lot design which permits a car entering a nate distractions to and temporary blinding parking lot to circulate in front of all of drivers of vehicles passing illuminated parking stalls and restart the same move. property, in addition to the lighting stan- ment again without using the public right. dard established in this section, all artifi- of -way. vial parking lot lighting shall either be shaded or screened in a manner that will (4) Off-street loading area means an area pro limit spillover of lighting onto adjacent vided off the public right-of-way for the tem- property and rights -of -way. Spillover shall porary parking of trucks being loaded or not exceed three (3) footeandles vertical and unloaded. one (1) footcandle horizontal illumination (5) Parking aisle means the area immediately on adjacent properties or structures mea adjacent to the car parking stalls which per - sured at grade. An outdoor lighting instal- mits maneuvering of the cars entering and lation shall not be placed in permanent use leaving a parking stall, and which connects until a letter of compliance signed and the parking stalls to the driveway. sealed by a registered engineer or architect is provided to the city stating that the lights (6) Parking stall means the space that is nec- have been field tested and meet the stan- essary to park a car, excluding aisles and dards set forth above. driveways. (b) All owners or tenants of property with an (7) Partial circulation parking lot means a illuminated exterior or garage parking facility, parking lot design which permits a car en - regardless of the date of installation of the fa- tering a parking lot to circulate in front of cility, must replace or repair any light that be- all parking stalls without using the public comes nonfunctional. A city inspector or law en- right-of-way. forcement officer shall give the property owner or (8) Trafcway means a public right-of-way, the tenant written notice of any such malfunction, primary though not necessarily the sole pur- which must be corrected within five (5) calendar pose or use of which is to facilitate through days of such notice. movement of vehicles in substantial (c) Noncompliance with the dictates of this sec- volume, rather than the providing of direct access to abutting properties as delineated tion shall subject the offending party to a fine of on the county trafficways plan or the city's not more than five hundred dollars ($500.00) and/ transportation element as may be amended. or sixty (60) days in jail or both for each day of noncompliance. (b). General design requirements. - (Code 1975, § 18.3.1) (1) Internal site circulation shall follow a func- tional classification and hierarchical de - Sec. 24-580. Specifications, sign criteria to assure that the movements between the public right-of-way, which is (a) Definitions. For the purposes of this defini- the high-speed movement facility, and the tion, the following definitions shall apply: parking stall, which is the terminal facility, (1) Driveway means an area that connects the are conducted in an efficient and orderly parking aisles of a parking lot to the public form. All streams of departing traffic from right-of-way, to a private street or to an- the parking stalls in a parking lot shall be other major driveway, assembled and delivered to an internal col- lector facility that combines them into a (2) Driveway entrance means the portion of a few concentrated streams which will then driveway which immediately abuts the be connected to the public right-of-way at a public right-of-way or a private street. few properly spaced access locations. Supp. No. 1 1661 "nnioI I C MEMORANDUM To: David J. Ofstein, Planning and Zoning Manager From: Claire Lyte-Graham, Planner II Date: October 16, 2001 Re: McNab Road Park — Landscaping Preliminary Comments 1. Landscape Plan must be prepared in accordance with Chapter 11 (Landscaping) of the City of Tamarac's Code of Ordinances, including Sec. 11-6 (Landscape Plan Approval). Ensure all existing and proposed easements, lighting and hydrants are shown on the plan. Any conflicts between utilities, lighting and hydrants must be addressed with reviewing departments. 2. The property is to be rezoned to S-1 (Recreation District). Per Sec. 11- 9(h)(1), in the S-1 districts, all required yards and open spaces adjacent to streets and contiguous to residential shall be planted and properly maintained with suitable planting in the form of grass, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood. Directly north of the property (north side of McNab Road) is residentially zoned property. 3. Pursuant to Sec. 11-9(I), along McNab Road there must be a minimum 15 foot wide landscape buffer area with one tree installed every 30 feet. It is recommended that hedge material placed within the buffer area be undulating in order to enhance and soften the buffer's overall appearance. In order to define the boundaries of the proposed park, remaining perimeter landscaping shall consist of a continuous five (5) foot landscape strip with hedge material and trees planted every 40 feet. Landscaping the interior of the site (including utilization of appropriate shade and ornamental trees, hedge material, and groundcovers/accent plants) should depend upon the type of park and atmosphere attempting to achieve. If trails are proposed, inclusion of native plants should be considered to the best extent possible. 4. All furniture, receptacles, and bike racks should be placed in such a way so as to be properly integrated with the landscape and site design of the park . Any ground level equipment must be properly screened and landscaped on three sides. Any monument sign must be placed a minimum of ten (10) from the north property line adjacent to McNab Road. Location of any additional signage should be considered when installing trees so as not to obscure visibility. Department of Planning & Environmebtal Protection 218 SW 1" Avenue Fort "uderdxle, FL 33301 Phone (954) 519 = Fain: W 519-1412 Telefax Transmission � Date: 5-27-00 Fax Ntmaber. 724-24S4 To: Diane Phillips Subject •Plant S From: --.Donald Burgess' Pages (including this cover): Y Messxge: The native plant species of interiit at McNab park were: leather fern — Acrostichum dwMifolium shield fcm — TbobTtmsis kunthii royal fern — Osmunda regalis coastal -plain, willow -- Salix caroliniana arrowhead — Sagitteria spp. pickerelweed -- Pontederia spp. along agricultural ditches along agricultural diteh along agricultural ditches within the marsh wetland crux within the marsh wetland area within, the marsh wetland area . r. City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org REQUEST FOR PROPOSAL DESIGN/BUILD OF McNAB ROAD PARK PROPERTY RFP NO. 01-09R ADDENDUM NUMBER 6 DATE OF ADDENDUM: October 30, 2001 PROPOSAL DUE DATE: NOVEMBER 14, 2001 at 2:00 p.m. Proposers are hereby notified that this Addendum shall be attached to and made part of the above named Proposal Documents, dated JUNE 25, 2001. The following information is being provided pursuant to questions during the Pre - Proposal Meeting held on October 16, 2001, 1. The Soil Boring Report is hereby attached. All other terms, conditions, and specifications shall remain the same. If you have any questions regarding this addendum or require further clarification, please submit your inquiry in writing to my attention or call (954) 724-2450. Sincerely, 4LydCaS. Flurry, CPPO Purchasing and Contracts Manager c: Evaluation Committee Attachment: Soil Boring Report Equal Opportunity Employer REPORT OF GEOTECHNICAL EXPLORATION PROPOSED M`NAB PARK SE CORNER OF M`NAB ROAD & SAWGRASS EXPRESSWAY TAMARAC, FLORIDA _. l CITY OF TAMARAC, FLORIDA ACCOUNTS PAYABLE 7525 NW 88TB AVE. TAMARAC, FLORIDA 33321-2401 ATTN: MR. LANCE H. MOLL PREPARED BY NUTTING ENGINEERS OF FLORIDA, INC. 1310 NEPTUNE DRIVE BOYNTON BEACII, FLORIDA 33426 OCTOBER 25, 2001 NUTTING F,AC' ENGINEERS OF FLORIDA. INC- ESTABLISHED 1967 Geotechnical & Construction Mater Hydrogeology & Monitoring Wells Engineering • Inspection • Testing f i , NUTTING &CAENGINEERS OF FLORIDA, INC. ESTABLISHED 1967 October 25, 2001 Mr. Lance H. Moll Parks Superintendent Citv of Tamarac Accounts Payable 7525 NW 88`b Avenue Tamarac, Florida 33321-2401 Geotechnicat & Construction Materia Engineering • Inspection • Testing Environmental Services www.nuttingengineers.com Subject: Report of Geotechnical Exploration Proposed McNab Park SE Comer of"vlcNab Road and'Sawgrass Expressway Tamarac, Florida Dear Mr. Moll: Nutting Engineers of Florida, Inc. has performed a geotechnical exploration for the proposed municipal park in Tamarac, Florida. The purpose of this exploration was to obtain information concerning the site and subsurface conditions I order to provide site preparation and foundation design recommendations for support of the proposed construction. This report presents our findings and recommendations. PROJECT INFORMATION We understand that plans for this project include constructing a municipal park on the partially wooded approximate 8.5-acre tract. The features to be added to build the park AU be a band shelUamphitheater, picnic shelters (25 — 40 people), and restrooms, walking trails, parking lot and green spaces. The Sawgrass Expressway deposited fill on the site during .the construction of the Expressway years ago. We were provided a boundary sketch and topographic survey of the site by Miller Legg showing property boundaries, soil boring locations and local elevations and have included it in the appendix. GENERAL SUBSURFACE CONDITIONS Soil Survey ylaps f1s part of the geotechnical exploration for this project, we reviewed the Soil Survey Maps for Bro,, and County. A review of the Soil Survey for Broward County revealed that at the time the surrey was conducted. the soils at the site xvere described as Lauderhill muck. These soils can be best described as nearly level, organic soils underlain by limestone at depths ranging from 20 to 40 inches below the ground surface. We note that the maximum depth of the survey is six feet. 2 or6 f 1 1 Soil Borings In order to explore the subsurface conditions at this site, five Standard Penetration Test (SPT) borings (ASTM D-1586) were performed to depths ranging from eight and three quarters to fifteen feet below the existing ground surface. The test borings were located by our staff using approximate methods at the locations established by the client. The drill technician maintained field boring reports, which indicate the depth of each stratum, material type, blow counts, groundwater levels and other pertinent information. All samples were inspected in our laboratory and final test boring reports prepared. Copies of these reports are included in the appendix. In general, the borings revealed the soils at the site consist of approximately four to eight feet of fill consisting of loose to medium dense gray to brown and dark brown quartz fine sand and limestone fragments mixed with varying amounts of topsoil with sandy organic pockets to approximately seven feet. Next, is light gray to tan medium hard to very hard limestone and calcareous sand to fifteen feet, the maximum depth explored. We were provided the following information concerning the planned locations of the park features corresponding to each soil boring: Parking -Lot Picric Shelters Picnic Shelters Parkinp- Lot Restroom Restroom Band SheLL'Amohith Table 1 Ground►vater Level TY STATU9-"' Done Done Not Done Yet, hnpassable Not Done Yet, Impassable Done Done er Done The aroundwater level was measured at the boring locations at the time of drilling. The groundwater level was encountered at depths ranging from approximately nine feet below the existing ground surface. Fluctuation in the observed groundwater levels should be expected due to rainfall variations, construction activity and other site -specific factors. Also, the site is relatively hilly as elevations range from seven to 22 feet, which affects the measured depths of the groundwater table. Laboratory Results Representative soil samples collected during the fieldwork were returned to the laboratory fo, tzsting. Specifically, a natural water content and an organic content test were performed on the dark gray sand, trace organics material encountered in boring B-7 ef"\NUTTING� , 3or6 r I i between four to four and one-half feet below existing ground surface. The natural water content was determined to be 24 percent, while the organic content test revealed approximately eight percent of the soils are made up of organic material. In general, fill placed beneath buildings and roadways should not have more that three to five percent organic material. ANALYSTS AND. RECOMMENDATIONS The boring results show the existence of from approximately four to eight feet of fill, with sandy organic pockets unsuitable for use beneath buildings and/or roadways. With the exception of the area of boring B-7, it is our opinion that the site may be prepared using conventional site preparation and compaction techniques if the locations for the picnic structures, restrooms and parking lot are not moved. In general, fill soil is less contiguous over an area than is naturally formed soils and the borings for this project bear that out. Once the site is prepared in accordance with the recommendations presented in this report, the proposed restrooms, picnic shelters and band shell/amphitheater structures may be constructed using a conventional shallow foundation system designed for an allowable soil bearing pressure of 2,500 pounds per square foot. We recommend a minimum width of 16 inches for continuous footings and 30 inches for indi,-7dual footings, even though the soil bearing pressure may not be fully developed in all cases. We recommend that the bottom of footings be at least 12 inches below the lowest adjacent finished grade. It is our opinion that the floor slab system may be constructed as a slab on grade. We recommend that a vapor barrier be placed between the soil and concrete. We also recommend that the reinforcing steel mesh be placed at the approximate center of the placed concrete for tensile support. Site Preparation Boring B-7, Band Shell/Amphitheater - Demucking: The area of boring B-7 is underlain by a layer of sandy organic soil to approximately five and one-half feet deep. The full thickness of the layer should be completely demucked to the underlying gray sand and limestone fragments beginning at boring B-7 and extending ten feet outside the building limits and to its full lateral extent. The water table is at a depth of seven feet, therefore de%vatering is not interpreted to be unnecessary_ Note: A Nutting representative should be present to observe the demuckin�. Refilling: Once demucking is complete, proo.froll compaction should be accomplished by performing 20 overlapping passes of a vibratory compactor having a minimum dynamic force of 28 tons. /0-�NUTTING 4of6 4. 1 , - Fill material, as approved by the geotechnical engineer may'then be placed and compaction should begin at this level. After completion of the compaction as specified above, additional fill may then be placed in maximum 12-inch loose lifts and compacted using the compaction equipment described previously. Each lift of fill shall be compacted to at least 95 percent of the modified Proctor m ximum dry density. All grass, weeds, and root zones should be stripped and removed from the construction area to a lateral distance of at least 5 feet beyond the proposed exterior building limits. The stripped surface should be compacted with a minimum of 12 overlapping passes of a vibratory compactor having a minimum dynamic force of 28 tons. Also, the surface should be compacted until a density equivalent to at least 95 percent of the modified Proctor maximum dry density (ASTM D-1557) is achieved to a depth of at least 12 inches below the compacted surface. Any structural fill needed to bring the site to construction grade may then be placed in lifts not exceeding 12 inches in loose thickness when using the vibratory compaction equipment described previously. Each lift should be thoroughly compacted until densities equivalent to at least 95 percent of the Modified Proctor maximum dry density are uniformly obtained. General Prior to initiating compaction operations, we recommend that representative samples of the structural fill material to be used and acceptable in -place soils be collected and tested to determine their compaction and classification characteristics. The maximum dry density, optimum moisture content, gradation and plasticity characteristics should be determined. These tests are needed for compaction quality control of the structural fill and existing soils, and to determine if the fill material is acceptable. A representative number of in-pachelifteof structurality tests fill or backfill to coperformed nfirm that the compacted existing soils and in e required degree of compaction has been obtained. If conditions are encountered which are not consistent with the findings presented in this report, or if proposed construction is moved from the location studied, this office shall be notified immediately so that the condition or change can he evaluated and appropriate action taken. Excavations of five feet or more in depth shall be sloped or shored in accordance with OSHA and State of Florida requirements. The vibratory compaction equipment will cause vibrations that could be felt by persons within adjacent buildings. The contractor should exercise due care during the performance of the vibratory compaction work. if such vibrations are not considered tolerable, then alternate foundation modification techniques should be considered. jf",`."\NUTTING� ` 5of6 EXHIBITT SPECIAL CONDITIONS TO RFP 01-09R 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Parks and Recreation Department by telephone (954) 724-2445 and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of permits will be paid for from the bidding and permits allowance included in the bid schedule, if applicable. 5. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the engineering plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has become familiarized with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Utilities Department and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the Director of Utilities nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 7:30 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 2 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Award. 8. 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 subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. Invoices must bear the project name, project number, bid number and purchase order number. The 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-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 10. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 11. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 50% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 3 12. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible to locate existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 13. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed utilities to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the engineer in writing seven (7) working days prior to the scheduled construction. The engineer may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 14. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. The Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use. 4 McNab Road Park, Tamarac Total Cost TOTAL Scope of Work: COST CITY BUDGET 1.) SITE / PRF.I?E!AMTIQN FILL _.... _--_-�_-- GLEAMING i'LS CLEARING (HEAVY) - --- - -. ... - T . 7.09 AC DYNAMIC COMPACTION a wK - SHAPE & GRADE _ I'LS FO FINE GRADE R SOD -- ---.. -- _ z3a.m ',SF FINE GRADE FOR WALKS & DRIVES 28,374 SF FINE GRADE BLDG 4.379 SF $141,593 $45,000,00 ARCHITECTURAL FEES 1 LS STRUCTURAL ENGINEERING FEES _ 1 LS { CIVIL ENGINEERING FEES 1 LS GINEERING_FEES 1 L5 BLDG ELECTRICAL ENGINEERING FEES 1, LS LANDSCAPING DESIGN FEES_J�----- S 1 ---�------ L IRRIGATION DESIGN FE_ES T - _. I.LS�-- $70,202 $62,000.00 3,1 UNIVERSALLY ACCESSIBLE PLAYGROUND PLAY EQUIPMENT PACKAGE 1 LS -- - SAFETY SURFACE _ 4.100.SF ; SUNSHADE/ 5101,706 $115,000.00 4.1 PLAYGROUNQ PLAY EQUIPMENT SUNSHADE - 50' — - — �1 LS u RK-1 szz,903 sao,000.00 L' SITE ENTRY GATE FOR 24' ROAD _ 2 EA MAINTENANCE OF TRAFFIC_ 1 LS_ ASPHALT WEAR CRS TYPE S-1 1-1/2" _ 1,473,SY _ T ASPHALT PAVING ROCK BASE 1,473 SY STABILIZED SUB GRADE 12" 1,944 SY SUB -GRADE PREP --- - - - - -�- 1 944'SY ---��' TYPE D CURB -REGULAR 240 LF CMU_DUMPSTER ENCL W/O GATES 1 EA ELECTRICAL / LIGHTING _ 4,000 EA $72,311 $60,000.00 BIRDAIR QUOTE _- 1�Ls �-_ l'✓� SHELTER FOUNDATION 1333 SF PARK BENCH W/O BACK _._ _..._..__._-_.....___. 6,EA___ ELECTRICAL -- --- 1 Ls 590,878 $160,000.00 7d-66iQ SHELTERS W! ELEC,ACCESS -- -----' - - 2.E-A- 16' HEXAGON - CONCRETE ~� PAINT 16' HEX_ __ ,^� w 2 EA � -- _ SHADE SHELTER 16' HEX w/ METAL ROOF YEA T __._ . --- 3_ HEXAGON - CONCRETE ---- - ----- ----..---- - - -2 FAQ Y _. PAINT 30' HEX 2_EA _ _ SHADE SHELTER 30' HEX w/ METAL ROOF _ _ 2 EA - ELECTRICAL a EA. $103,105 $80,000.00 =LATWORK CONCRETE 550 SF 1 1 SHADE SHELTER 16' x 16w/ METAL ROOF 1 EA T j - mm�'Y REFABRICATED_ RESTROOM 1 Ls METAL ROOF_3 sn I _ - 'AINT 16' x 16' SHELTER 1'EA =LECTRICAL 1, LS T- - - 7. 598,872 $130,000.00 EXHIBIT NF W910 1\ _ P.O.B. \` :Mapasw u u N 1� L R ctr#Anow►L, CCWTM)C on Bic. 8MD MM M AVEMAE Fr. LMCERDAM FL OWN Wd.M&3m FAX *p-sm-3m RM:XM On RK4L 01/:\i01 DUTS CORZO CASTELLA CARBALLO THOMPSON SALMAN Engineers Architects Planners Be" MW 90. R IMdoMft ft" !MM 9249m l 09486som JOB NUMBER 1816—fit a O LL U a m a SMEET INDEX s E PLAN SHEET NUMBER r --i April 17`h, 2002 Exhibit "3" Technical Proposal: Site Amenities and Equipment Recreational Design & Construction has provided the following amenities and equipment for the construction of the McNab Road Park facility. Universal/ADA Playground Area: ► 4100 square feet of rubber safety surface area (color as selected by owner) ► Park Structures "Super Max" Model #9092 (ADA compliant) consisting of (1) 8'-0" ramp w/barrrier walls, (5) slides , (1) flush mounted clatter bridge, activity panels & numerous climbing apparatuses (accommodates 68-70 children). ► Park Structures 5" O.D. "Double Bay Swing" Model #600-115 (accommodates 4 children) 50'-0" octagonal shade shelter to cover the "Super Max" structure. (2) Park Benches (w/backs). Webcoat Model #B6WBRCS, 6'-0" length, rounded corners & in -ground mounting. ADA access from the asphalt trail. Parking Lot Area: ► W (8) Standard Parking Spaces & (2) ADA Parking Spaces with wheel stops. ► 1473 square yards of asphalt paving (type S-1), 1 %" thick, rock base & 12" stabilized sub grade. • 240 lineal feet of Type "D" Curbing. ► 24'-0" wide parking lot entry/exit access drives. ► (2) 24'-0" wide manual gates for the entry/exit access drives. ■ (1) CMU Dumpster Enclosure (w/gates) ■ (4) 27'-0" Concrete Light Poles (20'-0" AFG) with 175 watt fixtures. Amphitheater: ► 1300 square foot slab on grade Band Shelter with Canopy. ► (6) Park Benches (less backs). Webcoat Model 08PLAYERS, 8'-0" length & in -ground mounting. ► (1) 50 amp electrical service to the Band Shelter. ► (1) Trash Receptacle. Webcoat Model #TR32-TRINGRD-DOME32-LINER32, 32 gallon, domed top, liner & in -ground mounting. ■ ADA accessibility to the seating & shelter areas from the asphalt trail. Page 1 of 3 April 17`h, 2002 Exhibit "3" Continued Restroom/Picnic Shelter: • Prefabricated Alabama Easi-Set, Inc. 11'-6" x 20'-0" x 10'-10" Restroom Building to include (2) ADA Water Closets (floor mounted/tank type), (1) Water Closet (floor mounted/tank type), (2) ADA Lavatories (wall hung), (2) Lavatories (wall hung), (1) ADA Urinal (wall hung), Stainless Steel Grab Bars (ADA stalls only), (2) Mirrors, (2) Paper Towel Dispensers (surface mounted), (3) Toilet Tissue Dispensers Toilet Partitions w/Doors, Urinal Screen Wall, (2) T-0" x 6'-8" x 1 3/4" Exterior Doors, (1) 2'-0" x 6'-8" x 1 3/4" Exterior Door, (8) 4'-0" long/2 bulb Flourescent Light Fixtures, (3) Single Pole Light Switches, (2) Shutter Mounted Exhaust Fans. ■ Plumbing & Electrical service hook-ups. ► Main Park electrical service from the FP&L service pole to the Restroom Building. • 100 amp electrical service to the Restroom/Shelter. ► (1) Exterior ADA Compliant Concrete Drinking Fountain. Kay Park Model #CHFFBC, exposed aggregate finish & concrete bowl. • (1) 16'-0" x 16'-0" Square Steel Frame Shelter. RCP Shelters, Inc. Model #SLF-16-06-M with metal roof & concrete slab. ► Steel framing @ Shelter to be field finished with weatherproof paint. ► (1) Trash Receptacle. Webcoat Model #TR32-TRINGRD-DOME32-LINER32, 32 gallon, domed top, liner & in -ground mounting. ► (1) Barbeque Grill. Kay Park Model #SB 1635G, galvanized body, 3 '/2" theft resistant pedestal & 300 square inch cooking area. ■ (1) Bike Rack (7 spaces). Kay Park Model #615C-IG, 1-5/8" O.D. Loop Style Bicycle Rack, powder coat finish (black, blue, red, yellow or green) & in -ground mounting. ■ ADA access from the asphalt trail. Picnic Shelters: ► (2) 16'-0" Hexagon Steel Frame Shelters. RCP Shelters, Inc. Model #SLF-HEX16-04-M with metal roof & concrete slab. ■ (2) 30'-0" Hexagonal Steel Frame Shelters. RCP Shelters, Inc. Model #SLF-HEX30-04- M with metal roof & concrete slab. ► Steel framing to be field finished with weatherproof paint. ► Electrical services for (1) Light & (1) Receptacle @ each Shelter. ► (1) Trash Receptacle per Shelter. Webcoat Model #TR32-TRINGRD-DOME32- LINER32, 32 gallon, domed top, liner & in -ground mounting. ► ADA access from the asphalt trail. Page 2 of 3 April 17`h, 2002 Exhibit " 3" Continued Multi -Use Trail: ► 1000 lineal foot asphalt trail (6'-0" wide). ► (12) Exercise Stations. Park Structures Model #HT-12-5 to include Leg Stretch, Arm Swing, Jumping Jack, Body Rotation, Chin -Up, Step -Up, Vault Bar, High Jump, Bench Leg Raise, Sit -Up, Balance Beam & Knee Raise. Each station is equipped with a detailed exercise instruction sign. Galvanized steel components are factory polyester powder coated brown after fabrication. (2) Park Benches (w/backs). Webcoat Model #B6WBRCS, 6'-0" length, rounded corners & in -ground mounting. Trail to be ADA compliant. Educational Kiosk: ► 8'-0" x 8'-0" Square Steel Frame Shelter. RCP Shelters, Inc. Model #SLF-8X8 "Mini" with metal roof, concrete slab & double sided message board (lockable). ► Steel framing @ shelter to be field finished with weatherproof paint. ► (2) Park Benches (w/backs). Webcoat Model #B6WBRCS, 6-0" length, rounded comers, & in -ground mounting. ► ADA accessible from the asphalt trail. Landscaping/Irrigation: ► Bahia Seeding (in lieu of sod) ► Landscaping Allowance ($54,000.00 including contractor overhead & profit) ► Irrigation system as required by local codes. General Conditions: ■ Professional Design Services. Insurance and Bonds Supervision Permit Drawings Owner Provided Items: ■ All Permitting and Regulatory Agency Fees ■ FP&L Connection/Meter Fees ■ Domestic Water Service (to with -in 5'-0" of the proposed Restroom Building), Water Meter, Water Service Tap & Backflow Preventer. ► Irrigation Service & Backflow Preventer ■ Fire Line Service & Fire Hydrant(s) ► Sanitary Sewer Service (to with -in 5'-0" of the proposed Restroom Building) & Sewer Tap Page 3 of 3 MCNABROAD APPLICATION FOR PAYMENT Agreement Title: McNab Road Park @ McNab Road & The Sawgrass Expressway Contract No.: Original Contract Value: $896,913.00 Contract Change Order Value $0.00 Current Contract Value $896,913.00 Cumulative No. Changer Orders: 0 APPLICATION FOR PAYMENT IS MADE AS SHOWN BELOW: 1. Original Contract Sum $896,913.00 2 Net Change By Change Orders $0.00 3. Contract Sum to Date (line 1(=) or (-) line 2) $896,913.00 4. Total Completed and Stored to Date $0.00 5. Retainage a. 10% of Completed Work $0.00 b. 10% of Stored Material $0.00 c. Total Retainage (line 5a + line 5b) $0.00 6. Total Earned Less Retainage (Line 4 - line 5c) $0.00 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) $0,00 8. Current Payment Due $0.00 9. Balance to Finish, Plus Retainage (Line 3 - line 6) $896,913.00 Page 1 r nO m- o Crn -o w e l o cn a 1 CL C C g y EL o CL ." v w ro CD `. CO A�.� nr•, p n a C a y fD H 'b d 'C7 CD f'o o' � o �. CD G z .e d ,� � w n p p "' w ro 0 v' 0' n. a �, p cn C.i' N boryy a ,..�• y O � O y O Q p� O O O C O iA iA fiq 1 w w w o o O d o o 4 C7 4 6 O O O O d C � 0 rh C7 7 O p? C7 m 9 a cn C o. r � n a 'j 0 III O110 a d � a z � 0 4 ii y o � Cr1 II II o o ck 00 II r d a A ro n x " C�1 II O � II 0 C" 0 o' a II II � ar � ITI II II O II II ��� I x r t� r 4n Q y a y k C c z d c�5 b9 b9 EA cA 69 b9 66 69 69 69 fA 69 69 A C N W U lh N � l.h to r--� CA N lA C\ o N v O N l-A 00 p O� U N -1 J C.h w 4o 00 00 00 O flA N ON N d �O 00 A Ln In O -4 N rl O O 00 A 0 0 p0 0 o a o 0 0 0 0 0 0 0 0 0 z ° to o fD o w 0 O 0 O 0 o 0 o 0 O 0 C7 0 o O 0 O 0 o 0 0 0 0 0 o 0 p 0 p 0 C�rJ n t=7 �. d � 69 d O o fA O o O Erg p 0 0 4b9 O 0 o b9 O 0 O b9 O 0 C? H9 O 0 O b9 O 0 a b9 O 4 O 69 O O C b9 4 op C7 b9 O c7 O 69 O 0 o 69 4 0 O b•1 O 0 Cl JA O 6 O O "1 O 7d t+f cn b9 0 S 60 0 o 69 0 o b9 a 0 69 o 0 (A 0 0 69 0 0 fA o o b9 CD a W5 0 69 c� 0 69 a 0 EA ca g o 0 o 0 4A o O � � � d O 0 O o b a O o o o O e O o o e O a a O o a e o e O \ o e o c n o b U O` O Q bog A N Q\ 0 1 01�N b -1 0 6e N -.1 00 0 6W9 1p� 4&S --IO t.A G O (04 w A S N N Ow a A CA 00 00 CD0 V0i -A 00 00 00 ON 00 W 0 bp9 O pOp O 0 64 W wn 0 0 65" LA 00 N •P 0 fps O1 0% 0 69 CA 9\ CN G0\0 0 r--. � �. c x "L"' Q Z Gn [Tj N O •--• N c� O 69 OCD 69 p b9 69 b9 C7 69 C 69 OO 69 p b9 b9 G b9 O 69 69 C fA O 69 Q �J kr7 0 0 0 oO 0 pO O O 0 0 G7 pO 0 0 O ©p S O C? 0 ro w w m p r y M y roo C") r > y x ttn w 1 > � 7s t" b7 tr h Y � n o G� Mrm m cn C) � o � o z z 69 " 6e 69 6t 6, " 6e e+a sy 6n 6e 66 00 In w N N w N In .+ — (.A w A �- P y l tlh w O A P t-A J O P P P O P O O O P G7 G7 P O 46 69 69 b9 69 69 69 69 6' 47 69 69 69 P O O P P O 4 P q P O O O 0 0 0 a 0 0 0 0 P 0 P O (7 0 P P O o 0 O O P 0 0 3 n z f^ 69 69 69 b9 en 69 69 69 69 ���iii P CD O P CD O P C? P O P 0 0 o S 0 o a o 0. 0 0 o 6e 69 69 69 %6 69 60i 69 f.9 65 69 69 69 P o 0 o O Q P O o 0 O o a O P 0 0 O P CD 0 0 0 O P O O O O P 0 0 O P P P P P O f- l 69 69 69 6e 69 6e 69 66 H9 Yf 69 6e ClP P P O CD P a o o P o P P O O O P 0 O O O 0 0 0 P P P P O O P P 0 O O P O P P P O O O P P O P 0 0 0 O O a O O O tl O o o D a O 6e 69 64 69 69 69 69 69 b9 69 69 69 69 00 QN lh w lJ� A A N N w tJ :a l.h r- A P lA J W to o" N ,J CS P �c o 4 c a o Lh ON r- \0 P A W 0 0 J P J w P O O OP O P P 0 0 P O 0 P P P P O P O 0 O 0 P 69 69 iA 69 69 69 be 69 69 69 69 69 69 CS P P O O P O O O O O P C g0 P 0 O 0 0 O O O O 0 P O O P P O O 0 O 0 O O P b) Name, address and ownership units of all partners: N/A c) State whether general or limited partnership: N/A 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 1410 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? SEVEN AND A HALF YEARS (7 112) a) Under what other former names has your organization operated? lei 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. _CGCA-21702 CGCO-62178 8. Have you personally inspected the site of the proposed work? g] YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES [�rNO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES E] NO 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why? Page 2 of 6 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 CITY OF FORT LAUD. 100 N. ANDREWS A P CITY OF CORAL SPRINGS 9551 W. SAMPLE RD.954 828 508 SPINGS BROWARD COUNTYNPARKS E& REOC RQBFIT W. CRALg50RN. W. FLst (954) 344-1165 RJ&HARD VOSS OAKLAND PARK, FL (954) 357-8143 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). MIKE ROZOS VP DIRECTOR OF MARKETING JO SEPH C. CERRONE, III, PRESIDENT KENNETH SIEMS, VP STEVEN B. WESTERVELT, VP, DIRECTOR OF CONSTRUCTION (SEE ATTACHMENT) 14. State the name of the individual who will have personal supervision of the work: J CERR NE III —CONTACT PERSON STEVEN $. WESTERVELT—DIRECTOR OF CONST 15. State the name and address of attorney, if any, for the business of the Offeror: 0 FORT LAUDERDALE, FL. 33301-1146 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: TEVEN L. SIEMS-20% JOSEPH C. CERRONE, 1II-20% EVEN B. WESTERVELT-20 MIKE ROZOS-20% KENNETH SIEMS-20% 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: N/A Page 3 of 6 18. State the name of Surety Company which will be providing the bond, and name and address of agent: FIDELITY GUARANTY INSURANCE COMPANY -SURETY COMP BROWN & BROWN BONDS -AGENT 19. Bank References: Bank Address Telephone BANK OF AMERICA 888 N.W. 62ND STREET (954) 965-2310 FORT LAUDERDALE, FL 33309 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: JEWETT, SCHWARTZ & ASSOCIATES CERTIFIED PUBLIC ACCOUNTANTS 22. Is this financial statement for the identical organization named on page one? 0 YES ❑ NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 0�,^ d 'FA THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS 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 AN*OR CONTRACT. ure) /11 Page 5 of 6 State of Florida County of BROWARD On this the '�\ day of N\,0 , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared JOSEPH C. CERRONE, III 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. s NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: CYNTHIA cLUNT (Name of Notary Public: Print, Stamp, or Type as Commissioned) XPersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CYNTHIAGLUN7 �;;.. ?;r COP.1�.11SSION CC 8237.13 kc.,st 1, 2CO3 I m ••� :Y=;RES' Plot.^.rr Fu7i.: UrdBrerlers Page 6 of 6 NON -COLLUSIVE AFFIDAVIT State of FLORIDA )ss. County of BsowARD- JOSEPH C. CERRONE,III deposes and says that: being first duly sworn, 1. He/she is the PRESIDENT , (Owner, Partner, Officer, Representative or Agent) Of RECREATIONAL DESIGN & CONSTRUCTION, INC. the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. 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; 5. 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: 9 _�. _" �z Witn ss Witness f By JOSEPH C. CERRONE, III Printed Name PRESIDENT Title Page 1 of 2 State of Florida County of BROWARD On this the 3k day of , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and 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 CYNTHIA GLUNT (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 CYNTHIAGLUN7 \M0NCC 82�7a3 EXPIRES' gst, 2063 ;Unu i.•. c o°.: It rj,nded mry NoO,c miners e: 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 non 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 businesses 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 ce that this form complies fully with the above requirements. r r hbrized Signature RECREAT D Ai. DEElf,N _& Co ST1RUCTION, Company Name ATTACHMENT "A" DESIGN CRITERIA PACKAGE RFP 01-09R DESIGN/BUILD-OF MCNAQ.. ROAD PARK PROPERTY SCOPE OF SERVICES Successful Offeror, hereinafter referred to as the Offeror, shall enter into an Agreement with the City of Tamarac, Florida herein after referred to as the CITY, for the purpose of the design/build of McNab Road Park Property, including all design, developing cost estimates with product specifications and construction of the park in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). The scope of this project includes the following components: • Offerors are requested to provide professional services, labor, equipment, materials, insurance and incidentals for the design/build of McNab Road Park located at the western most end of McNab Road and the Sawgrass Expressway (see location map, survey and legal description). • The City's budget for this project is $ 807,300.00. Funding for this protect is from the follow�rants: • Developers Agreement with Samuel Butters (City of Tamarac Resolution No. R-2001-44) Includes land clearing and site preparation up to a maximum of $22,300.00. • Land and Water Conservation Grant - $100,000.00. Includes two picnic shelters, trail with exercise stations, education kiosk and landscaping. • Urban Forestry Grant - $10,000.00. Includes purchase and installation of specific trees: • FRDAP (Florida Recreation Development Assistance Program) Grant $175,000.00, Includes universally accessible playground, sunshade and restroom with pavilion. • Broward County Challenge Grant - $500,000.00. Includes parking area and an amphitheater. Due to Grant fundingfor certain elements of the ark, when requests for P q progress payments for these items are made, they shall be broken out as separate line items as required on different grants on the Application` for.' l Payment form. All funds will be administered by the City of Tamarac and al,, payments will be made by the City of Tamarac. This requirement is for i_. . bookkeeping purposes only. s . I r1 0 Work shall be completed in accordance with latest editions of all codes and standards including, but not limited to, South Florida Building Code, City of Tamarac Code of Ordinances, Broward County Code of Ordinances and City of Tamarac Engineering Minimum Standards. • Soil borings and engineering calculations/reports for all elements and structures requiring a building permit shall be furnished by the Offeror. Design shall account for demucking, if required. + The location contains wetland areas and will be partially cleared pursuant to the Developer's Agreement with Samuel Butters. The canal excavation and wetlands development will be done under Developer's Agreements with Industrial Development Co. of America, LLLP, and Silverstein Enterprises, Inc. This needs to be considered in the price proposal and the ability to incorporate the wetland areas into the project. Additional clearing and grubbing not covered in the Developer's Agreement shall be considered, as well. A. Site Plan/Park Design and_Co_nstruction Offeror shall be responsible for preparing a site plan for park design and construction, which shall have the following elements at the minimum: Shall generally include the following amenities but not limited to: + Four (4) picnic shelters of approximately 575 square feet on concrete slabs, including water and electric. Shelters are to be constructed from materials other than wood. + One (1) multi -use trail estimated at 1,800 feet in length constructed of asphalt, minimum of 6 to 8 foot wide with twelve (12) apparatus exercise area. Length to be determined by the topographies of land parcel and must support maintenance truck. • One (1) free-standing wetlands nature study educational kiosk constructed from materials other than wood. • One (1) Universal/ADA playground of approximately 5,300 square feet with poured in place rubber safety flooring that conforms to the guidelines set by the CPSC and ADA for playground surfaces, and sunshade cover. + One (1) parking lot suitable for supporting the parks amenities of approximately 45 to 50 vehicles. + One (1) rest room with pavilion of approximately 1300 square feet suitable for supporting parks amenities. • One (1) small Amphitheater/Band Shell. One (1) electric irrigation system with pop up heads. Identify the existing/proposed wetland area on plan. C nstruc 'on of wetland to be performed by others. ` 7 l� o 1 • Installation and supply of native landscaping that is indigenous to South Florida including the specific trees outlined in the Urban. Forestry Grant. • Offeror is responsible for a site plan that conforms to all City, County and State requirements. Site Plan must be approved through all City processes and any other agency having jurisdiction including permits . The Park plan/design shall also include: • Soil tests using a "standard of the industry" grid system for the entire property that will reflect an accurate location of all soils that will be required to design the required elements especially where structures are to be constructed. Six certified copies of soil test are to be submitted. B. Alternate Construction Elements to be included but not limited to: One (1) small Amphitheater/Band Shell of approximately 1,300 square feet with permanent seating and grass overflow seating. General Re uirements of Offeror • Offeror is responsible for assuring the City's budget for proposed park including all grants funding and designing the park are met within the budget guidelines and grant requirements. • Offeror is expected to attend City Commission, Advisory Board and Development Review Committee Meetings as necessary. • Offeror will work closely with City's liaison or designee to determine what is best for the City. Offeror will coordinate with City's liaison or designee and attend meetings as necessary. • Offeror will supply 12 copies of the final plan. Upon completion of construction, Offeror will supply three approved copies of "as built" plans. • Offeror shall provide a list for the City's liaison or designee, all key personnel who will work on this project and any subcontractors, along with qualifications.. General Ruirements of the City e • The City will make available any and all information concerning McNab Road Park Property that is on file. Information is limited, therefore, i 's the Offeror's,.; responsibility to determine what is appropriate. �ub S ecial Terms: A. LIQUIDATED DAMAGES: Upon failure of Offeror to complete the work within the time specified for completions, (plus approved extensions if any), Offeror shall pay City the sum of $500 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Offeror to complete the contract on time. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. 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 City is insufficient to pay in full such liquidated damages, Offeror shall pay in full such liquidated damages. Offeror shall be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Offeror whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Offeror may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Offeror has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Offeror liable for the liquidated damages. B. CONTRACT TIME: By virtue of the submission of its proposal, Offeror agrees and fully understands that the completion of work of the contract is an essential and material condition of the contract and that time is of the essence. The successful Offeror agrees that all work shall be prosecuted regularly, diligently, and uninterrupted at a rate of progress as will ensure full completion thereof, within time specified. Failure to complete the work within the time period specified shall be considered a default. Project will need to be completed within nine (9) months after the Notice to Proceed has been issued. This includes the design/build and construction of the McNab Road Park Property, as defined. C. BONDS: Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Proposer 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. ,�teol j • a The surety shall hold a current certificate of authority from the Secretary of treasury of the United States 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 contract amount. The Performance Bond shall be conditioned that the Successful Proposer performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Proposer promptly make payments to all persons who supply the Successful Proposer 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 Proposer correct any defective of 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. SCALE r' fs0 NORTH i ao n (V [V W nl I a,n Q9 55.00' I Z z a 500'24,'j511E J::::�` V 0. O PARCEL "A" "TIs E PLAT. No. P. 0. 8. (1 5 1— 3 2) S 00'24S5- E 662.83' M \I I N 00'1J 25" W 66J.40" o EASr RlCNr-OE-WAY LINE 0 h - -�SA WGRA-SS EXPRESS O. R, B. 12196, PC. 380 I 4 O 2 � U U v w 6 II x 3 2 N 00'05'06" W c a w i m o a f a ti y kpp 4 4 q� 4 0 y yqy Y 4 Q O C O x�x M q p Q� O C 4 C C] x JA � W u m u C7 Ib 4 o¢ 4 g u w C 4 e SHE[f l Of 2 SHIlfs "-6' k File name: K: �Q74941 �dlNAf�PARK.DWG LAND PLANNERS • ENCINF.ERS • LAND SURVEYORS (LtFAAX J240 CORPORATE WAY MIRAMAR. FLORIDA 33025 TEL, VO.(954)435-7010 O. 954)438-3288 ORDER NO. 183814-A PREPARED UN PERVlS10N DATE 05-01-01 � _SF.0 Y.-TREAS. THIS i5 NOT A "1.4Np SUIY:h:Y" ALh'OV50 C iFLLO. P.Lg. M-tiyB (STATE 0P F1.01t,DA) - ------.-, May IC=I We- I I.G'iAm; Page 1/2 ACORD CERTIFICATE OF LIABILITY INSURANCRiR PR DATE(MM/DDIYY) P.J -X. INSURANCE, INC, 2500 NORTH POWMINE ROAD POMPANO BEACH PL 33069 Phorim:954-979-5855 INSURED .... RacreatioVal basign & Construction, In - 3990 Powerline R Oakland Park FL 33309 COVERAGES 1 05/29/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE WIAV,S INSUAGRA; STRADPA9T "% %INWRER8: t3ulf Underwriters ins. Co, ._ INSURER c: ASSURANCE CO OF AMERICA f INSURER D: ANCOMP PREFERRED xx0URAACE CO INSURGRE: coty ID1TA nZArTarm"tr ?%m4m nn 07' I - • •�• ...n..0 11,� I It" MYI I,)w "AVI' Mhr•N 188UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAYED, NOTWITHISTANNNO ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFX'ATe MAY BE HUED OR MAY PERTAIN. THE INSURANCE AFFORDED By THE POLICIES DHSCRNIED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED HY PAID Cum& JTRj TYPEgFINSURANCE i POLICYN --..... ....-- UMBER OgTE MMID DA E LIWTS OENERAL LIABILrrY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIALGENERALLIABILITY SC05227436 01 03/15/02 03/15/03 FIRri DAMAGE (Anyone 11re) $50,000 CLAIMS MADE ® OCCUR MED EXP (Any cne pe —i s 5 0 n n -- PERSONAL & AOV INJURY S 1„ 0 0 0, O O O GENERAL AGGREGATE 1000,000 GGN'L AGGREGATE LIMIT ANPLIE45 PE1t: pRq• PROOUGTS•CpMP/OP AGO fj.,000,000 000 POLICY J5 T I LOC . AUTOMOBILE UAWLrrY C iC Ar+vAUTO 037733E G 03 COMBINED SINGLE LIMIT 02 03/1.2/03 (Enawdem) $1, D00, 000 ALL OWNED AUTOS ndor. la SCHEDULED AUTOS ate of Review: iF BODILY INJURY (Pet person) S X I HIRED AUTOS-�•-- x NON-OWNEDAUTO$ A cceptable -JA BOD14YINnURY S Dt Acceptable PROFERTYI3AI%A0E (Pe, nmx dcnO) s GARAGE LIABILITY AUTO ONLY • RA ACCIDENT S ANYAUTb EA OTHER TMAN A I AUTO ONLY: AGG s EXCESS LABILITY B 7C occuR cLAIMCMAac U nature EACH OCCU RRENC6 03/15/02 03/16/03 S 10 , 0 0 0, 0 0 0 A00RECIATE s DEDUCTIBLE s - RETENTION 9 i WORKERS COMPENSATION µD X ""'-^^'--•"'--'-- EMPLOYERS' LLABILTLY D ER WCV4077749 12/01/01 12/01/02 E.L. EACHACCIDEItr $ 1000000 E.L,DISEASE - EA EMPLOYEE Z-1000000 OTHER E.L.01SEASE-POLICY LIMIT s 10C)0000 Z Professional 11-404-50-42 10/01/01 10/01/02 Per Claim $1,000,000 L:iahilit A re Este A2,000,000 OESCRIPn6N OF OPERATK)NSILOCATIONWVEHICI-L&EXCLUMNS ADDED B VORSE retr[ PRO NS CITY OF TAMARAC IS LISTED ADDITIONAL INSURED FOR JOB:MCNAB ROAD PARK WAIVER OF SUBROGATION APPLIES. SEE ATTACHED. FAX-954-724-2406 CERTIFICATE HOLDER Y ADDITIONAL IM5VReD; INSURER LKTTVR-, A CANCELLATION TAMAR-1 SHOULD ANY OF THE ABOVE DUCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATIO CITY OF TAMARAC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTBUILDING L ANG DE T . BUiLpING DEFT. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUY FAILURE TO 00 SO MALL 7525 N.W. BOTH AVENUE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TAMARAC FL 33321 Pin"t IENTATNr$• Patties ACORD 25S (7107) M) IK�R1 CORPORATION 1988 1.1..1 -- -- ...._""I , Qya c/[ WC9903011 ENDORSEMENT WAIVER OF SUBROGATION Policy 4 WCV 4077749 Named Insured: lRecrentionei Design 6c Construction Inc. We agree to waive all rights of subrogation against the person or organization scheduled below, but only as respects to work performed by you under writ 'n conir ct for the job scheduled below, and only when such written contract r mu—irff a waiver of sidbr`u arm t Schedu e Person or Organization City of Tamarac Nance of Certificate Holder's Business; Recreation Department for City of Tamarac Location of Contracted Job: McNab Road & Sawgrass Express Tamarac, FL Description of Job: Construct Park Shelters, Nature Trail, Small Parking Lot, Restroorri Building And Playground Equipment. Job Cost: SN/A Duration: 04/27/02 -- 12/01 /02 Projected Payroll: $225,000 All ocher terms, conditions and exclusions shall remain the same. (Rev 9/98) 0 AffCOMF-Incorporated • Assurance Corporation - Preferred Insurance Company 01/05/04 12:19 FAX. 954 724 08 CITY-TAMARAC-PURCHASING Lg-Iuuz J - - 71113 AAR 17 PM 2-- 31 Temp. Reso. 10320 RECEIVED CITY OF TAMARAC Exhibit 2 (.ITY OF TAIwI RAC INTEROFFICE MEMORANDUM CITY MANAGER CITY MANAGER'S OFFICE TO: Jeffery L. Miller, City Manager DATE: 14 MARCH 2O03 FROM: Kathleen S. Margoles, Director of RE: McNab Road Park. Change Parks and Recreation Order # 1 - - - g coo " Recommendation:�e°� glr�l , ed Gd v Change Order # 1 for McNab Road Park for the amount !P91'5- I There is no potable water proposed for the shelters in the park. Water is necessary to adequately clean the shelters. Background: The shelters will be used for picnics, parties, and social gatherings that will include food and refreshments. Due to the consumption of these articles, the shelters will become dirty and will need to be cleaned after each use. The most efficient method of cleaning is to use a pressure washer on the surface and picnic tables. Water at each shelter will allow employees to accomplish this task in an efficient and timely manner. Without water at each shelter, employees will have to use a hose connected to the rest room building and move it from shelter to shelter. This will be very time consuming. Potable water for the shelters was not included in the original contract due to cost restraints but was anticipated to be added at a future date. Additional grants received by the City have increased the funding for the project. Adding the water now will be less expensive than at a future date. )9C44 4�3 fo 3/0 700-�) OL7- * 6� l/ D / J Pow sr/ 3D Kat en S. Margoles ul/ua"4 14.lp rnn na. - _ CHANGE ORDER ` DATE OF ISSUANCE: AA10- NO. 1 OWNER: CITY OF TAMARAC Parks and Recreation Department 8601 W. Commercial Blvd. Tamarac, FL 33321 CONTRACTOR: Recreational Design & Construction Inc. 3990 North Powerline Road Fort Lauderdale, Florida. 33309 PROJECT NAME: McNab Road Park RFP NO. 01-09R You are directed to make the following changes in the Contract Documents. DESCRIPTION: shelters located - Provide all labor, material, and equipment necessary to complete the water supply to four (4)shelters throughout the park- -Provide trenching, piping, and back -fill -Provide four (4) water hydrants — Model Y95 -Provide schedule 40 PVC piping to four (4) water hydrants PURPOSE OF CHANGE ORDER: To install available water at each shelter for cleaning purposes. Water at each shelter will increase maintenance efficiency and reduce the amount of time to clean each shelter. CHANGE IN CONTRACT PRICE Original Contract Price $896,913.00 Previous Change Order No. NIA to No Contract Price prior to this Change Order $896,913 Net (Increase) of this Change Order $7,425.00 CHANGE IN CONTRACT TIME Original Contract Time Net change from previous change orders Contract Time Prior to this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders I Contract Time with all approved Change Orders $904,338.00 BY ENDED KATHLI✓EN S. MARGOLES Parks & Recreation Director APPROVED t BY JEFFREY L. MILLER City Manager APPROVED `vw% / Date 01 < l03 Date U1/ uo/ U4 i4: ab r&& aa4 144 44VO t l l x—lAblalmu—ruxuna7inu IQj uu4 RECREATIGEC NAL DESIGN & ONSTRUCTION; INC. 3990 NORTH POWERLIKE ROAD '� FOAT LpUpCRDAL6� FL 33�C19 . 95d•566.3885 . FAX: 954"- 566 - 3335 , EMAIL: Infooracl'esllonaldeslgn-com , March 11,2003 City of Tamarac 8601 W. Commercial Blvd. Tamarac, FL .33321 Attu: Lance Moll Re: McNab'Road Park, Section 7 Township 49S, e 41 S o`vard-Coon Florida_._ ... Dear Lance: Recreational Design' & Construction, Inc. hereby submit our not to exeeed.price to supply water, Hydrants to.four (4) shelters Jocated in Section 7 Township 49S•,•R.ange 41E, Broward-County, Florida, the property known as McNab Road Park, Broward County, Florida. The scope of work is. as, follows: SCOPE OF WORK Shelters: • . Provide all labor, material and equipment necessary to complete the water supply tafour •(4)• shelters located throughout the Park. • Provide trenching, piping, and back -fill: • Provide four (4) water hydrants (Model Y95). • Provide schedule�40•PVC piping to four. (4) water hydrants Total Price to Supply Water -Hydrants to Four Shelters: S 7,425.00. - ` If you have any questions or require fiarther information, please do not hesitate to contact me. Sincerely, /Recreati1 Design & Construction, Inc. &rone, III President, o.WC Fmj.X16hsU.WUZ-2L1 OP WeNav Road rarkPruPoWlward b0c mm&*rapwal. MU1W-11A3•wpd Enclosures (3) Temp. Reso. 10320 Exhibit 3 Temp. Reso. #10147 - May 28, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- J3 / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH RECREATIONAL DESIGN & CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $73,680.00 FOR THE CONSTRUCTION OF THE WETLANDS AND CANAL AT THE MCNAB ROAD PARK PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac entered into an Agreement with Silverstein Enterprises, Inc., on June 27, 2001, to develop a wetland mitigation area on a portion of the McNab Road Park Property, attached hereto as Exhibit 1; and WHEREAS, Silverstein Enterprises, Inc., has agreed to pay the City of Tamarac the amount of $73,680.00 in lieu of developing the wetland mitigation area as a portion of the McNab Road Park Property; and WHEREAS, on April 24, 2002, through City of Tamarac Resolution No. R-2002-113, the City of Tamarac entered into an Agreement with Recreational Design & Construction, Inc. for the Design/Build of the McNab Road Park Property, attached hereto as Exhibit 2; and 1 Temp. Reso. #10147 - May 28, 2003 Page 2 WHEREAS, it is the recommendation of the City Manager and the Director of Parks and Recreation that an Amendment to the Agreement with Recreational Design & Construction, Inc., in the amount not to exceed $73,680.00, be executed for the construction of the wetlands and canal at the McNab Road Park Property; attached here to as Exhibit 3 and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to execute an Amendment to the Agreement with Recreational Design & Construction, Inc., for the construction of the wetlands and canal at the McNab Road Park Property, in an amount not to exceed $73,680.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City Officials are hereby authorized to execute an Amendment to the Agreement with Recreational Design & Construction, Inc. for the construction of the wetlands and canal at the McNab Road Park Property, in an amount not to exceed $73,680.00, attached hereto as Exhibit 3. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #10147 - May 28, 2003 Page 3 SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 111" day of June, 2003. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITC L S. K F CITY ATT0R Y 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT "I" TEMP PESO # AGREEMENT BETWEEN CITY OF TAMARAC AND VERSTEIN ENTERPRISES, INC. SI I~ FOR ENVIRONMENTAL MITIGATION IN CITY OF TAMARAC PARK This Environmental Mitigation Agreement ('Agreement') dated this 7 day of 2001 is entered into by the CITY OF TAMARAC_ , a Florida municipal co oration ("the City' and SILVERSTEIN ENTERPRISES, INC., a Florida corporation, 10200 NW 67' Street, Tamarac, Florida 33321 ("Developer. WITNESSETH: WHEREAS, Developer owns certain land in the City upon which Developer desires to construct industrial buildings ("Project'; and WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward County Department of Planning & Environmental Protection ("DPEP") and South Florida Water Management District ("SFWMDJ; and WHEREAS, Developer is obligated by DPEP and SFWMD to undertake environmental mitigation activities for the impact of wetlands on the Project site; and WHEREAS, the City owns and controls certain real property as described as a portion of Tract 16, Section 7, Township 49 South, Range 41 East, 'Florida Fruit Lands Company's Subdivision No 2", according to Plat thereof, as recorded in Plat Book 1, at Page 102, of the public Records of Palm Beach County, Florida, lying in the City of Tamarac, Broward County, Florida referred to as McNab Road Paris Property ('Park'); and WHEREAS, the City, DPEP and SFWMD require approval of the Mitigation Plan described herein and the City agrees to allow Developer to take credit for 1.11 acres of the mitigation shown in the Mitigation Plan; and WHEREAS, the development of the Mitigation Plan shall be performed by the Developer and shall be in accordance with the Specflc Conditions of DPEP Environmental Resources File No. 0018287 and SFWMD Application No. 010427-13; and WHEREAS, the City Staff has reviewed and recommends approval of the conceptual Mitigation Plan attached hereto as Exhibit "A" ("Mitigation Plan"j; and NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants and hereafter set forth, City and Developer agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated herein. 2. Ci Con ent. The City hereby grants its approval and consent to the Mitigation Plan. City grants Developer the right to enter into and upon the Park to fulfill its obligations under this Agreement. The City may enter the Park at any time to Inspect the Park and the progress of the Mitigation Plan. It is expressly understood by all parties that the City has only granted the Developer permissive rights and this Agreement shall not operate to create or vest any property rights in Developer. 3. Developer Duties. (a) Developer shall do all things required by this Agreement and the Mitigatior Plan and shall use reasonable care and due diligence to ensure that all work performed on the 1.61 acres of mitigation shown on the Mitigation Plan is accomplished in accordance with reasonable standards established by the City and in conformity with the Mitigation Plan. Work on the Mitigatior Plan shall not be performed so as to unreasonably interfere with other activities occurring in tht Park. 2 (b) Developer shall monitor the implementation of the Mitigation Plan and shall assign personnel, as needed, to supervise the construction and planting activities as set forth in the Mitigation Plan. Any mitigation monitoring reports required and/or provided to DPEP and SFWMD shall also be provided to the City of Tamarac. (c) Developer Shall maintain the Mitigation area in accordance with the Specific Conditions of the DPEP and SFWMD permits for a period of five (5) years commencing upon the completion of the planting and the submittal of the Time Zero (Initial) Monitoring Report. (d) Developer shall excavate approximately 570 lineal feet of 100-foot wide canal located on City property in accordance with the typical cross-section provided by the City. The excavated material will become the property of the Developer for use on the Project site. (e) Developer shall satisfy any fees associated with the permit process for the Project, including the DPEP monitoring fee. (f) All work performed by Developer shall be performed in accordance with all Federal, State and local safety regulations and rules. 4. Indemnification. Developer, by acceptance of this Agreement, covenants and agrees to investigate all claims related to the activities performed by Developer and to indemnify, protect, and hold harmless, the City and its officers, agents and employees from any and all lawsuits, claims and actions arising out of this Agreement which are as a result of the negligent acts or omissions of the Developer. This provision is subject to the limitations of liability as provided in Section 768.28 of the Florida Statutes, and does not act as a waiver of the Developer's or City's entitlement to sovereign immunity as a matter of statutory and common law, 5. Uotice of Failure to Comply. In the event that either party fails to perform any of the terms, conditions under this Agreement, the complaining party shall provide written notice requiring the satisfactory and immediate correction of such failure within thirty (30) days. The non - complaining party shall provide an answer to such notification within fifteen (15) days of the notice. If the non -complaining party fails to answer and/or fails to take reasonable steps toward a remedy of the failure, the complaining party shall have the right (but not the obligation) to have such failure remedied and any monies expended by the complaining part shall be the obligation of and shall be reimbursed by the non -complaining party. 6. T rmtnation. Developer's obligations under terms of this Agreement shall be considered satisfied upon completion of the Mitigation Plan and acceptance by DPEP and SFWMD at the end of the five (5) year monitoring period. 7. Acknowl d ment. The City acknowledges that it has the perpetual responsibility for maintaining the Mitigation Area as permitted by DPEP File No. 0018287 and SfWMD Applicatior No. 010427-13. Developer acknowledges that he has the responsibility of successfully performinc certain restoration, enhancement, maintenance and monitoring activities as described in the attached Mitigation Plan subject to the issuance of the referenced environmental permits anc approved by the City, DPEP and SFWMD over the course of the expected five (5) year projec duration. "Successfully", as used in this paragraph, shall refer to the performance criteria of saic environmental permits when issued. 8. Application Time frames. The City acknowledges that the periods set forth in th, Mitigation Plan are "target" dates and that such dates do not bind or limit the ability of Developer t, commence work on the Mitigation Plan at a later date as long as work on the Mitigation Plan i commenced within nine (9) months of the date of the issuance of the DPEP and SFWMD permit: The City retains the right to withhold the final Certificate of occupancy for the Project until the Tim3 Zero Monitoring Report, as -built drawings and area certification have been submitted to DPEP and SFWMD. DPEP, SFWMD and the City shall agree that the mitigation area has been substantially constructed in accordance with the intent of the Mitigation Plan before issuance of final Certificate of Occupancy. 9. Insurance Requirements. A. Without limiting any of the other obligations or liabilities of Developer, Developer or its contractors and subcontractors shall provide, pay for and maintain in force during the periods of time work is performed under this Agreement (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 1) Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy (ies) must include: a. Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) per accident. 2) Comprehensive General liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include; a. Premises and/or Operations. b. Independent Contractors. 9, These insurance requirements shall not relieve or limit the liability of Developer. The City does not in any way represent the types and amounts of insurance required hereunder are sufficient or adequate to protect Developer's interests or liabilities but are merely minimum requirements established by the City's Risk Management Coordinator. The City reserves the right to require any other insurance coverage's that the City deems necessary depending upon the risk of loss an exposure to liability. C. Insurance companies selected must be acceptable to the City. 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. D. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of T�eVllt in accordance shalwithbe nthe latest amed a�tAd�diion oticana I surec Insurance Guide. City on said insurance policies. E. The Developer shall require each of its subcontractors of any tier to maintai the insurance required herein (except as respects limits of coverage fo 4 employers and public liability insurance which may not be less than One Million Dollars ($1,000,000.00) for each category), and the Developer shall provide verification thereof to the City upon request of the City. F. All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against the City with the express intention of the parties being that the required Insurance coverage_ protects both parties as the primary coverage for any and all losses covered by the above described Insurance. G. The Developer shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against the City for payment or assessments in any form on any policy of insurance. H. The clauses "Other Insurance Provisions' and "insured Duties in the Event of an Occurrence, Claim or Suir as it appears in any policy of insurance in which the City is named as an additional named insured shall not apply to the City. The City shall provide written notice of occurrence within fifteen (15) working days of the City's actual notice of such an event. I. The Developer shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. J. Violation of the terms of this Paragraph and its subparts shall Constitute a breach of the Agreement and the City, at its sole discretion, may cancel the Agreement and all rights, title and interest of the Developer shall thereupon cease and terminate, K. The Developer will provide and maintain, at its own expense, public liability insurance. L. Any Professional Engineering firm retained by the Developer to design facilities that are to be constructed on City property shall be required to 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. 10, Contact Individual. The City shall designate an individual with whom Developer anc its consultants can coordinate all activities and approvals required by this Agreement. Unles! otherwise notified in writing, the individual shall be as follows: City Manager City of Tamarac 7525 NW Se Avenue Tamarac, FL 33321-2401 11, miscellaneous. A. Entire Agreement. This Agreement sets forth all of the promises, covenanti agreements, conditions and undersloadings between the parties hereto, an supersedes all prior and contemporaneous agreements, understanding: inducements, or conditions, express or implied, oral or written, except a herein contained. 5 B. Assignments: Amendments. It is agreed that no modificatlon, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. C. everabili . The invalidity of any provision hereof shall in no way effect or invalidate the remainder of this Agreement. ' D. Ngbces. Any notice and other communications required or permitted to be given hereunder shall be in writing and transmitted by messenger, certified mail, or return receipt requested, to be delivered as follows: To the City: City Manager City of Tamarac 7525 NW 88'" Avenue Tamarac, FL 33321-2401 Copy to: City Attorney City of Tamarac 7525 NW 88" Avenue Tamarac, FL 33321-2401 To Developer. Leon Silverstein Silverstein Enterprises, Inc. 10200 NW 871" Street Tamarac, FL 33321 E. ovemin w and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any matter pertaining to this Agreement shall, to the extent permitted by law, be held in Broward County, Florida. F. Binding _Effect. This Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns. G. Attorneys' Fees. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in saic action shall be entitled to a judgment against the other for his reasonable attomeys' fees and costs. E IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: By: City Cleric /'i CORPORATE SEAL CITY OF TAMARAC CITY OF TAMARAC, a Florida municipal corporation, w By: Mayor 7 Signed, sealed and delivered In the presence of. Print Name: Leslie Anderson Print Name: STATE OF FLORIDA COUNTY OF BROWARD SS: SILVERSTEIN ENTERPRISES, INC., a Florida tion By: Print Name: Leon silvers-tein Title: President & CEO Address: 10200 NW 67th Street _Tamarac, FL 33321 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by Leon Silverstein , the President & CEO of SILVERSTEIN ENTERPRISES, INC., a Florida corporation, freely and voluntarily under authority duly vested in him/her by said corporation and the seal affixed thereto is the true corporate seal of said corporation. He/She is personal known tc me or who has produced as identification. WITNESS 14 th day of Public my hand and official seal in the' County and State last aforesaid this June 20 0 � Notice Public My Commission Expires: Temp. Resolution 101 Exhibit 2 AGREEMENT BETWEEN THE CITY OF TAMARAC AND RECREATIONAL. DESIGN & CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this ;2:4-_ day ofj , 2002 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 Recreational Design & Construction, Inc., a Florida corporation with principal offices located at 3990 N. Powedine Road, Fort Lauderdale, Florida 33309 (the "Contractor") to provide Design/Build services for the McNab Road Park property. 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, conditions of Request for Proposal RFP 01-09R attached hereto and incorporated herein as Exhibit 1", (General, Supplementary and other Conditions), drawings, specifications, design criteria, all addenda issued prior to, and as detailed in the Special Conditions to the project, attached hereto and incorporated herein as Exhibit "2" 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 if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to provide services for design build for the McNab Road Park Project as described in the RFP 01-09R, with all required minimum standards for construction required by the design criteria, and as required by the Final Price Proposal and Preliminary Site Plan attached hereto and incorporated herein as Exhibit "3" and per the final approved plans and specifications. b) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. c) 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. F d) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. e) 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. f) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer 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. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Officer certificates of all insurances required under this section prior to beginning any worm 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. 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 The work to be performed under this Agreement shall be commenced upon the date of Contract Commencement in the Notice to Proceed and, subject to authorized adjustments, shall be substantially completed no later than two hundred seventy two (272) days after issuance of permit. 5) Contract Sum The Contract Sum for the above work is for a not to exceed amount of Eight Hundred Ninety Six Thousand, Nine Hundred Thirteen Dollars and no/100 cents ($896,913.00). 2 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the McNab Road park Design Build Project against defect for a period of one year(s) 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. 9) Indemnification 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 attomeys' 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. 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. 1 A) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 3 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. WFI/ City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Joseph C. Cerrone, III President Recreational Design & Construction, Inc. 3990 N. Powedine Rd. Ft. Lauderdale, FL 33309 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) 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. 4 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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. 15) 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. 16)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. 17) 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. 18) 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. 19) 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. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Recreational Design & Construction, Inc., signing by and through Steven L. Siems, its CEO, duly authorized to execute same. CITTOF r, •- 1• -iber, Mayor -2 S Date ATTEST: Jeffrey L. ill , City Manager Marion Sw_e son, CMC City Clerk - 02— Date ATTEST: Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) Date: A-2G-42 as to fo d l9dal sufficiency: MitFb6ll S. Kraft, C Recreational Design & Construction, Inc, Zile ignature of CEO) Steven L. Siems Type/Print Name of CEO 17 Zoo ne ..�...�,..._..�.�., Da--rte CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :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 Steven L. Siems of Recreational Design & Construction, Inc., 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 0.'\1 , 2002. ign re of Notary Public FRANK J. HEVVM of Florida at Large NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES MAY 18 2002 COMM 0919M697 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. Temp. Reso. #10147 "EXHIBIT 3" AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND RECREATIONAL DESIGN & CONSTRUCTION, INC. The CITY OF TAMARAC and Recreational Design & Construction, Inc., agree to amend the original Agreement dated April 24, 2002, as follows: Addition of the Scope of Work, attached hereto and incorporated herein as Attachment A. The work to be performed, as outlined in Attachment A, will be completed by September 30, 2003. All other portions of the original Agreement and subsequent amendments shall remain in effect unless amended in writing by both parties. IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and RECREATIONAL DESIGN & CONSTRUCTION, INC.., signing by and through its CEO, duly authorized to execute same. [y1V(Qaf1u tT117�� By- J4ScYirei�ber, Mayor Date: ATTEST: Marion Swenson, CM0, City Clerk Jeffrey If.ftilLer, City Manager Date: i 0 Date: Ap ved KoPor and legal ffici 24 GRE itchell S. KPA, City rney MDD151173 �o p'F�°Q` REC TI A E GN & CONSTRUCTION, INC. Corporate Secretary S L. SierAs, CEO Steven B_ Westervelt Type Name of Corporate Secretary (CORPORATE SEAL) Page 1 of 1 Attachment A RECREATIONAL DESIGN & CONSTRUCTION, INC. 3990 NORTH POWERLINE ROAD FORT LAUDERDALE, FL 33309 954.566.3885 FAX; 954•566•3335 R E ) r E�/ E Y( EMAIL: into@reereationaidesign.eom '+r► ♦ May 30, 2003 7003 Parks c;c 4-ocioation City of Tamarac Gity of Tamarer: 8601 W Commercial Blvd. Tamarac, FL 33321 Attn: Kathleen Margoles Re: McNab Road Park - Section 7 Township 49S, Range 41E, Broward County, Florida Dear Ms, Margoles: Recreational Design & Construction, Inc. hereby submit our not to exceed price for ecological mitigation services located in Section 7 Township 49S, Range 41E, Broward County, Florida, the property known as McNab Road Park, Broward County, Florida. The scope of work is as follows: SCOPE OF WORK Mitigation Creation $ 61,840.00 Provide all labor, material and equipment necessary to construct .89 acres of shallow marsh, .57 acres of transitional slope and .15 acres of gator hole per SFWMD permit 06-03462-P drawings. • Excavate and create wetland planting areas per permit SFWMD 06-03462-P drawing cross sections C-C and D-D, with a starting elevation of +/- 8 feet to a depth of no greater than elevation +/- .50. All spoils from creation of wetland will be stockpiles on site and removed from site at the earliest convenience. • Provide original lay -out of mitigation area, one semi -permanent grade stake to remain until completion of mitigation area construction and all as -built surveys needed. Creation of Littoral Shelf $11,840.00 • Provide all labor, material and equipment necessary to construct a littoral shelf approximately twenty feet (20') wide by five hundred feet (500') long. • Excavate and expand the canal between the existing canal to the south of the property and the mitigation area to be created. This will be excavated to match the existing canal cross section (max of plus or minus seven feet (+/- T) below grade). All spoils from creation of the littoral zone will be stockpiled on site, and removed from site at the earliest convenience. Total for Mitigation Creation & Creation of Littoral Shelf: $ 73,680.00 Note: Price and scope is based upon approval of City of Tamarac Commission on the June 8", 2003 agenda with a timely "Notice to Proceed" If you have any questions or require further information, please do not hesitate to contact me. Sincerely, & Construction, Inc. XCCerrone, III O:\RDC Projmts\J0ba,Juba\02.223 RFP McNab Road Park Property\Wurd Docummts\propo5al.-Margolcs-2-12-03.wpd C&CA21702 Temp. Reso. 10320 Exhibit 4 ri P C: a 'tt N M N CaCocco onion � �� n r- C4 ds ss ss a c o o N f.t ss sv c,9 � �Jb 4 o00000o croa �, �, C v1 C O O O O C O N O O C 0: 41 Q a a a o O C7 0 4 4 d v ,9 f sssAo ono o EA a a ,� , sv � 41 �O H y � � n V L �`". • dry L F d � ° z O a V Vl GJ cr rn �I M b LA U 0 ti .a v) VI V, d d n cn :1C ca j 4 4 r'1 f 1 C.1 C O O C r Z V c Phase c �o ooc� oL oc c F•Gy M " Tem. CHANGE ORDER Exhibite5o. 10320 DATE OF ISSUANCE OWNER: CITY OF TAMARAC Public Works Department 7525 NW 881" Avenue Tamarac, FL 33321-2401 CONTRACTOR: Recreational Design & Construction, Inc. 3990 N. Powerline Road Ft. Lauderdale, FL 33309 NO. 2 PROJECT NAME/PO#: McNab Road Park PO # 51230 RFP NO. 01-09R 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: This change order provides for the substitution of St. Augustine sod in lieu of Bahia sod in the area within the asphalt jogging path (approximately 64,600 square feet) as included in the original specifications. PURPOSE OF CHANGE ORDER: To allow for the substitution of sod material in one are of the park to facilitate ease of maintenance and provide a surface more conducive to recreational activity.: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $ 896,913 Previous Change Orders and/or Amendments Net change from previous change orders 81 105 Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 978,018 Net (Increase) of this Change Order Net (Increase) of this Change Order $ 17,742 Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 995,760 RECOMMENDED RJR:T*1TJ.*91 BY BY Director Jeffrey L. Miller City Manager Date Date Revised 9/1/98 APPROVED BY (Contractor) Date �, ­ —1- .1 - — , ne% OJY I LY I JUJ I nMf nhl, DLUU Uci I , lJ V V I J V V I ACORD CERTIFICATE OF LIABILITY INSURANCE F DATE Aao) PRODUCER �C�B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI!4 UPON THE CERTIFICATE P.J.K. INSURANCE, TNC. HOLDER.ITHIS C,ERTIFICATEbiQSS NOT AMEND, EXTEND OR 2 500 NORTH POW39RLINE ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POMPANO BRACH FL 33069 Phones 954-979-5855 Fax:954-979-6788 INSU SAFFORDINGCOVERAOL NAJG# INSURED !f IN ERA' STBADPAST ConstructSURER s: Gulf Underwri,ta=S IAB . Co, Construct ion, Inc. 1� al Benign & r/1 "1 INSURERC' ' ASSURANC$ CO OF,.AMER1CA_A)Qf 19305 3 9PQ Powerline Rd INSURER D: HARBOR SPECIALTY INS . CO. OR land Park FL 33309 wsURER E: COLUIMIA CASUALTY INS. CO. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N5R TYPE OF INSURANCE POLICY NUMBER DATE M D/YY DATE MMIDD LIMITS GENERAL LIABILITY EACH OCUR CRENCE $ 1, D 0 0, 0 0 0 A X R CDMMERCIALGENERAL LwBILITV CLAIMS MADE r7x OCCUR SCO5227439 02 03/15/03 03/15/04 EM PREMIsesEaacc—wK4p $50,000 MED EXP (Any one person) S5,000 X $10, 000 Ded• PERSONAL &AOV INJURY 1110001000 GENERAL AGGREGATE S2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGe 32,000,000 POLICY PRO- JECT LOC C AUTOMOBILE X LIABILrrY ANYAUTO 037733871 03 2� 3/12 04 COMBINED SINGLE LIMIT (E9aGGIGer11) $1,000,000 90p(LY INJURY (Per pemon) � ALL OWNED AUTOS SCHEDULED AUTOS /� . D 'G HIRED AUTOS NON -OWNED AUTOS V0 ., / BODILY INJURY 3 (Pee awdenl) vats of plea 1E PROPERTY DAMAGE $ (Per xoftm) GARAGE LWBRTTY ANY AUTO E "0 Noce �00 00 g e, 0`g AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO 5 S B EXCESS/UMIQRELLA LW7IL11TY X OCCUR F—ICLAJMSMADE Mane9s GU2857628 s6k t 03/15/03 03/15/04 EACH OCCURRENCE 110,000,000 AGGREGATE S s DEDUCTIBLE RETENTION SWC — S D- WORKERS COMPENSATION AND AEMPLOYERS' LIABILITY ANVPRO?FIETOR/PARTNEWE?(ECUTIVE OyFeFIICERIMEMBEREXCLUDED? SPECIAL ROVISIONS bellow 099000006248203 _ 12/01/03 12/01/04 STITU--7 X ITORY LIMITS 1 91 E.L. EACH ACCIDENT S 1000000 E.L. DISEASE - EA EMPLOYEE S 1000000 E.L. DISEASE - POLICY LIMIT S 1000 0 0 0 OTHER E Profegniolnal 11-404-50-42 10/01/03 10/01/04 Per Claim $1,000,000 Liability (3&0) Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS, CITY OF TAMARAC IS LISTED ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ONLY. 30 DAYS CANCELLATION EXCEPT 10 DAY$ FOR NONPAY. CERTIFICATE HOLDER CANCELLATION CITY OF TAMARAC BUILDING DEPT. 7525 N.W. 88TH AVENUE TAMARAC FL 33321 TAMAR -1 SHOULD ANY OF THE ABOVE 0E9CR06E0 POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE 188UINQ INSURER WILL ENQEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERT(FICAYE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 60 SHALL IMPOSE NO OIILIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE& Pattie J. ACORD 25 (2001/0B) 0 ACORPCORPORATION 198 WC990301 ENDORSEMENT WAIVER OF SUBROGATION Policy 4 WCV 4077749 Named insured: Recreational Design & Construction Inc. We agree to waive all rights of subrogation against the person or organization scheduled below, but only as respects to work performed by you under written contract for the job scheduled below, and only when such wrigen cantruct re air n_wniver of subrogation. Schedule Person or Organization: City of Tamarac Nature of Certificate Holder's Business: Recreation Department for City of Tamarac Location of Contracted Job- McNab Road & Sawgrass Express Tamarac, FL Description of Job: Construct Park Shelters, Nature Trail, Small Parking Lot, Restroom Building And Playground Equipment. Job Cost: $N/A Duration: 04/27/02 — 12/01 /02 Projected Payroll: $225,000 All ocher tcrr ns, conditions and exclusions shall remain the same. (Itev 9/98) El &AOmfr • Incorporated • Assurance Corporation • Prefemd Insurance Company