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Home My WebLink AboutCity of Tamarac Resolution R-2004-253Temp. Reso. #10562 - Page 1 September 21, 2004 Rev. 1- 10/25/04 Rev. 2 — 11 /2/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 04-12R AND EXECUTE AN AGREEMENT WITH CATALFUMO CONSTRUCTION, L.L.C. D/B/A SEAWOOD BUILDERS, FOR THE DESIGN/BUILD OF THE TAMARAC AQUATIC CENTER FOR AN AMOUNT NOT TO EXCEED $3,256,682.00; APPROVING FUNDING IN THE AMOUNT OF $3,256,682.00 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, in January 2002, the City of Tamarac received a grant from the Broward County Swim Central Program to design and build an aquatic complex; and WHEREAS, the City of Tamarac has acquired a parcel of land on the corner of N.W. 58 Street and N.W. 94 Avenue to be used for an aquatic complex that will appeal to all ages and will be used for swim lessons, recreational swimming, high school swim teams, a water play area, a locker room/restroom building, and a fitness center, among other uses; and WHEREAS, the City published Request for Proposals RFP #04-12Q seeking qualified proposers for the design/build of the Tamarac Aquatic Center; and Temp. Reso. #10562 - Page 2 September 21, 2004 Rev. 1- 10/25/04 Rev. 2 — 11 /2/04 WHEREAS, three (3) pre -qualified proposers from this step of the process proceeded to Step 2, consisting of RFP #04-12R; and WHEREAS, Request for Proposals RFP #04-12Q, Step 1, and RFP #04- 12R, Step 2, are attached hereto as "Exhibit 1"; and WHEREAS, the City examined responses from Seawood Builders, Coastal Contracting and Development, Inc., and DiPompeo Construction, Corp.; and WHEREAS, all of the above mentioned firms were requested to make formal presentations to the RFP Selection and Evaluation Committee consisting of the Assistant City Manager Diane Phillips, City Engineer John Doherty, Community Development Director Chris King, Parks and Recreation Director Kathleen Margoles, and Assistant Director of Parks and Recreation Greg Warner; and and WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 2"; WHEREAS, the RFP Selection and Evaluation Committee determined that the response submitted by Catalfumo Construction, L.L.C. D/B/A Seawood Builders attached hereto as "Exhibit 3" was best able to meet the needs of the City; and WHEREAS, the City of Tamarac has negotiated an agreement with Catalfumo Construction, L.L.C. D/B/A Seawood Builders, attached hereto as Exhibit 'A" for their services at a cost not to exceed $3,256,682.00, as outlined in the Design Criteria Package, hereto attached as Exhibit "A" to Exhibit 1 "; and Temp. Reso. #10562 - Page 3 September 21, 2004 Rev. 1- 10/25/04 Rev. 2 — 11 /2/04 WHEREAS, it is the recommendation of the Director of Parks and Recreation and the Purchasing and Contracts Manager that the contract for the design/build of the Tamarac Aquatic Center be awarded to Catalfumo Construction, L.L.C. D/B/A Seawood Builders; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award the RFP to and execute an agreement with Catafulmo Construction L.L.C. D/B/A Seawood Builders, for the design/build of the Tamarac Aquatic Center, at a cost not to exceed $3,256,682.00. 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: Catalfumo Construction, L.L.C. D/B/A Seawood Builders is awarded the Request for Proposal RFP 04-12R for the design/build of the Tamarac Aquatic Center at a cost not to exceed $3,256,682.00. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement between Catalfumo Construction, L.L.C. D/B/A Seawood Builders and the City of Tamarac for the design/build of the Tamarac Aquatic Center (attached hereto as "Exhibit 4"). SECTION 4: That funding in an amount not to exceed $3,256,682.00 is hereby approved. Temp. Reso. #10562 - Page 4 September 21, 2004 Rev. 1- 10/25/04 Rev. 2 — 11 /2/04 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 24t" day of November, 2004. ATTEST: MARION SWIENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i. ITCHELL S. K F CITY ATTORNEY JOE SCHREI ER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF ! DIST 4: COMM. ROBERTS n ■ 6 J J C O ■r C� L 4-1 U) i O 2 D LL J a a c) O CITY OF TAMARAC CONTRACT AGREEMENT RFP 04-12Q DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX Monday, November 15, 2004 DeRose Design Consultants Inc. City of Tamarac Purchasing & Contracts Division • • • AGREEMENT BETWEEN THE CITY OF TAMARAC AND CATALFUMO CONSTRUCTION, L.L.C. D/B/A SEAWOOD BUILDERS THIS AGREEMENT is made and entered into this�0day of , oyy-+►+ 6y-r , 2004 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Catalfumo Construction, L.L.C. D/B/A Seawood Builders, a Florida limited liability company, with principal offices located at 565 East Hillsboro Blvd., Deerfield Beach FL 33441 (the "Contractor") to provide all necessary professional services to design and construct an aquatic complex at the corner of N.W. 58th Street and N.W. 94th Avenue for the City of Tamarac. 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; Request for Proposals (RFP) 04-12R Step 2, the Submittal from Seawood Builders dated May 28, 2004, the Design Criteria Package titled "Attachment `A' - Design Criteria Package — RFP 04-12R "Design Build of Tamarac Aquatic Complex'; the permitted Design Documents for the Project to be prepared by DeRose Design Consultants and Scharf & Associates and agreed to by the City and Contractor (the "Design Documents"); all addenda issued prior to, and all modifications issued after execution of this Agreement, and Exhibit "A" — City Requested Design Change Cost Proposal and Exhibit "B" — Conceptual Site Plan. These Contract Documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of any inconsistencies or conflicts between any of the terms and provisions of this Agreement and the terms and provisions of any of the other Contract Documents, the terms and provisions of this Agreement shall govern. 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 complete the scope of work included in RFP 04-12R and the Design Documents. b) 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. 11/W2004 3:33 PM • City of Tamarac Purchasing & Contracts Division c) 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. d) 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 specified in the original proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. 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 design work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (10) days after the date Contractor receives City's Notice to Proceed. The construction portion of Phase I work shall be substantially completed within 128 days from issuance of the City's Building Department Permit for construction of the Project, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion of Phase I shall mean the issuance of a temporary Certificate of Occupancy for Phase I. In the event that Phase II Construction work is approved by the City for simultaneous completion pursuant to Article 5 of this Agreement, construction work for Phase 11 shall be substantially completed within 150 days from issuance of the City's Building Department Permit for construction of the Project of Phase I and Phase 11, subject to any permitted extensions of time under the Contract Documents. Notwithstanding the foregoing, if Phase II is approved and constructed under the terms of this Agreement, substantial completion of Phase I and Phase 11 shall mean the issuance of a temporary Certificate of Occupancy for both Phase I and Phase II. During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the Contractor in 111912004 3:33 PM • City of Tamarac Purchasing & Contracts Division accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum This Contract Sum is contingent on receiving grant funding from other governmental sources. Should grant funding be available, the Scope of work shall include Phase One design and Phase One construction work, Phase Two design, and Phase Two construction work for a not to exceed Stipulated Sum of Three Million, Two Hundred Fifty -Six Thousand, Six Hundred and Eighty -Two Dollars and no Cents ($3,256,682.00). In the event that this funding is not received by the City, the City reserves the right to issue a change order to delete the construction portion of Phase Two. Upon issuance of any such Change Order, the Scope of Work and contract sum will be adjusted to reflect the cost of Phase One design and construction work as well as Phase Two design work, for a not to exceed Stipulated Sum of Two Million, One Hundred Thirty Thousand, Two Hundred Seventy -Four Dollars And No Cents. ($;130,274.00). The Contractor will be advised about the status of funding for Phase Two Coihstruction no later than seventy (70) days from the Clty's Notice to Proceed. r�cle 5 RevisionAccepted by: Initials: `'^e;, Date: 6) Payments (E and Masi) A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. A retainage of 10% will be deducted from the 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, purchase order number and shall include the percentage completion of each portion of the Work as of the end of the period covered by the application for payment. City has up to thirty (30) days to review, approve and pay all invoices after receipt. All necessary Releases of Liens and Affidavits shall be processed before the final ten percent (10%) retainage is released. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. The City shall pay the Contractor for work performed subject to the Contract Documents and subject to any additions and deductions by subsequent change order provided in the Contract Documents. 7) Change Orders Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to 3 1112212004 12:00 PM • City of Tamarac LIN Purchasing & Contracts Division a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the Contract Time. Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work as it applies to those items in question. The cost of any work covered by a change order for an increase or decrease in the Contract Price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or Contract Time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond 111912004 3:33 PM �f • City of Tamarac Purchasing & Contracts Division shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 8) Waiver of Liens Prior to payment of the final portion 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 are the subject of this Agreement. 9) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final completion of work, as evidenced by release of final retainage. 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. 10) 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 and to the extent 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 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. 11) 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. 12) 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. 111912004 3:33 PM City of Tamarac Purchasing & Contracts Division 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. 13) Assignment Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. 14) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. $$th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Betty Masi, Vice President Catalfumo Construction L.L.C. D/B/A Seawood Builders 565 E. Hillsboro Blvd. Deerfield Beach FL 33441 PH: 954-421-4200 15) Termination Termination for Convenience: This Agreement may be terminated by Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination, in which event the Contractor shall be paid its compensation for services performed to termination date, plus services and costs reasonably related to termination. Under no circumstances shall the City be liable for lost profits. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty J30) days after receipt by Contractor of written notice of such neglect or failure. If the City terminates this Agreement under this provision, Contractor shall be paid its compensation for services performed to the termination date. 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. 6 11/9/2004 3:33 PM � City of Tamarac Purchasing & Contracts Division 0 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. If the City terminates this Agreement under this provision, Contractor shall be paid its compensation for services performed to the termination date, plus services and costs reasonably related to termination. 17) 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. 18) 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. 19) 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 40 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. 20) 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. The Remainder of This Page Left Intentionally Blank 7 111912004 3:33 PM 1.1 C, City of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Catalfumo Construction L.L.C. D/B/A Seawood Builders, signing by and through its CEO, duly authorized to execute same. City OF TA RAC ,a—z, e, Schreiber, Mayor ')-`7 - 0 Date ATTEST: Jeffrey Mil r, City Manager Marion Swenso MC City Clerk Date ATTEST: Corporate Secretary) h� t'z� • (&— Type/Print Name of Corporate Secy. (CORPORATE SEAL) Date A rove a t ' orm and I ufficiency: JNlitchell S. Kraft, Ofy Atto y r-( I '2-&K Date Catalfumo Construction L.L.C. D/B/A Seawood Builders Company Name 1 A ,, ;;�'CA t-^cA� ignature of CE Edward V. Masi Type/Print Name of CEO Date 111912004 3:33 PM City of Tamarac Purchasing & Contracts Division 0 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OFI�owJ�2i7 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 Edward V. Masi, CEO of Catalfumo Construction L.L.C. D/B/A Seawood Builders, a Florida limited liability company, 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 thist.qay of t40VV,86j;8, , 20Q4 gnature of Notary Public tate of Florida at Large ,`" � .y sherIe Freeman w _CVnWd = s DDd claw T a Print, Type or Stamp Adntk gCa br. Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced s ❑ DID take an oath, or I D NOT take an oath. 11/W2004 333 PM REQUEST FOR PROPOSALS STEP 2 '�'%73701020%0 RFP 44-12R DESIGN/BUILD OF THE TAMARAC AQUATIC CENTER Issued on behalf of the Parks & Recreation Department City of Tamarac Purchasing Division 7525 NW 88"' Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 Purchasing and Contracts Division DATE: April 7, 2004 City of Tamarac "Committed to Excellence... Always" REQUEST FOR PROPOSALS ALL QUALIFIED PROPOSERS: RFP NO.04-12R Sealed Proposals, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4.00 PM local time, Friday, April 30, 2004 for: DESIGN/BUILD OF TAMARAC AQUATIC COMPLEX Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 4:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. The City of Tamarac is seeking Requests for Proposals (Step 2) from pre -qualified design/build firms to provide all necessary professional design services and all labor, materials and equipment necessary to design and construct an aquatic complex at the corner of N.W. 58`h Street and N.W. 94t" Avenue. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Proposers. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the CITY. For inquiries, contact the Purchasing Office at (954) 724-2450. James S. Nicotra, CPPB Purchasing Senior Procurement Specialist 25 rvvr .� 88th Avenue ■ Tcmorc c, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tarnarcc.oro, Equal Opportunity Employer f T3i3Sr/ .......rrvrsr,.vr _- __ .... .............. TABLE OF CONTENTS RFP 04-12R Request for Proposals................................................................................................ 4 7 Instructions to Offerors..............................................................................................8 17 ProposalForm.........................................................................................................1$ 20 Attachment "A", Design Criteria Package.................................................................21 - 35 Attachment "B", Schedule of SDBE Participation form.............................................36 - 37 Attachment "C", Sample SDBE Program Plan.........................................................38 - 41 Attachment "D", Sample E.E.O. Policy & Affirmative Action Plan .............................42 - 43 Attachment "E", Letter of Intent to Perform as a Subcontractor.....................................A4 Attachment "F", SDBE Participation Performance Report ..............................................45 Attachment "G", Trench Safety Act Form........................................................................46 Certification................................................................................................................ 1 of 1 CertifiedResolution.................................................................................................... 1 of 1 FormPayment Bond...................................................................................................1 - 3 Form Performance Bond.............................................................................................1 - 4 Application for Payment............................................................................................. 1 of 1 ChangeOrder............................................................................................................1 of 1 Final Release of Lien by Contractor... ......................................................................... 12 Sample Contractor Agreement....................................................................................1 - 7 '1 z L J/ REQUEST FOR PROPOSALS RFP 04-12R DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX 1. STATEMENT OF THE WORK The City of Tamarac is seeking proposals from pre -qualified design/build firms to provide all necessary professional design services and all labor, materials and equipment necessary to design and construct an aquatic complex at the corner of N.W. 581h Street and N.W. 941h Avenue. 11. SCOPE OF SERVICES See Attachment "A", Design Criteria Package. III. PROPOSAL REQUIREMENTS A. Technical Proposal 1. Submit a detailed description addressing your firm's approach and work plan for all aspects of the proposed project. 2. Submit a brief statement explaining why your firm's proposal would be the most effective and beneficial to the City of Tamarac. 3. Submit complete descriptions, layouts and drawings of the proposed site plan and park design, including but not limited to, the criteria listed in Attachment "A", Design Criteria Package. 4. Submit a milestone event schedule, and address your firm's commitment to said schedule, which should cover the start of the project through its completion. The City's projected completion date for the project is March. 2006. 5. Submit a detaileu ridrrative specifically describing how the site planning and aquatic complex design will be conducted; please address each component described in Attachment "A", Design Criteria Package. 6. Submit the name(s) of the pool sub contractor(s) who will be used during the construction phase of the project. B. SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Under grant requirements of the Agreement between Broward County and City of Tamarac for the Broward County Swim Central Program, Small Disadvantage Business Enterprise (SDBE) goals apply to this project. Each Proposer should submit, with their proposals, the following required forms: Cityo/ Tamarac ..... # 1. Attachment "B", Schedule of SDBE Participation form 2. Attachment "C", SDBE Program Plan 3. Attachment "D", E.E.O. Policy and Affirmative Action Plan Sample forms of each are included herein and may be used toward meeting this requirement. The Proposer may also submit the company's own SDBE program forms and/or EEO and Affirmative Action policies, if already in place. If these forms are not submitted with the proposal, they must be submitted within three (3) days of the City's request. The Grant portion of this project is $1,500,000.00. The following percentage of the SDBE numeric goals will be calculated based on this amount unless the total negotiated Design/Build amount is less. If the amount is less, then that amount will be used to calculate the percentage of numeric goals. The Agreement has the following SDBE numerical goals: Minority Business Enterprise Construction Services 15% a A/E Professional Services 10% • Commodities/Other Goods/Services 5% (Participating categories include African American, Asian/Native American, Hispanic, Women) The total assigned SDBE goals for this project are�15% For a listing of certified SDBE firms, you may contact Broward County's Small Business Development Division (954) 357-7800. After the evaluation process, the highest ranked firm will be required to submit Attachment "E", Letter of Intent to _Perform_ as_a_ Subcontractor, for each SDBE firm listed on the previously submitted Attachment "B", Schedule of SDBE Participation form. Award of this contract is subject to approval of the firm's SDBE submitted forms by the grantor of funds for this project. The City will forward all SDBE documents provided by the firm to Broward County's Small Business Development Division for review and acceptance prior to final approval of a negotiated agreement. After project commencement, completion of Attachment "F", SDBE Participation Performance Report may be required periodically to verify that required goals are being met. C. Price Proposal Submit your signed, firm, fixed fee performance -based price proposal, on the Proposal Form included herein, for providing all professional design City of r�1 , . • M, !ia n;I 7 ........._ Fug •r't;q , +'r �v ")r;� _ .... I .._ . r services, labor, materials, equipment and other services, supplies and incidentals necessary for construction. The City's current budget for this project is $2-Onn nn0.00. D. Proposal Copies Submit one (1) original and six (% copies, in sealed envelopes, to the attention of James Nicotra, CPPB, Senior Procurement Specialist, 7525 NW 88th Avenue, Tamarac, Florida 33321. Clearly identify the original document -awth the word "Original", either on the cover or the first page of the Proposal. E. Addenda, Additional Information Any addenda or answers to written questions supplied by the City to participating Proposers become part of this Request for Proposal and the resulting contract. All addenda should be acknowledged, signed by an authorized company representative, dated and returned with your firm's submittal, but any and all addenda must be signed and returned within three (3) days of the City's request. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are in writing from the Senior Procurement Specialist or designee may be considered as a duly authorized expression. Also, only communications from Proposers that are signed and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. IV. EVALUATION OF PROPOSALS A. Selection Process 1. The Evaluation/Selection Committee has evaluated all responses to Step 1, Requests for Qualifications (RFQ 04-12Q) to identify firms with applicable experience and capabilities for this project. Firms receiving this Step 2, Request for Proposals (RFP 04-12R) have been short-listed and deemed qualified to submit proposals. 2. The short listed firms receiving this Request for Proposal will prepare their submittal based on the requirements and criteria listed herein and other pertinent information. 3. After review of the proposals by the committee, each Proposer will be scheduled for presentation of their recommendations and may also be asked to respond on other pertinent issues. 4. Final evaluation and scoring will be finalized after presentations to determine the highest ranked firm. The Committee will then attempt to negotiate an agreement with the best evaluated Offerer. 5. Upon completion of successful negotiations, a recommendation for award will be submitted to the City Commission for approval. ez' City of i B. Evaluation Method and Criteria Proposals will be evaluated in accordance with the weighed criteria listed below: MAXIMUM POINTS 1. Technical Proposal 30 Points 2. Firm Qualifications and References 20 Points 3. *Project Cost 20 Points 4. Time Frame and Schedule 30 Points Total 100 Points The City reserves the right to ask questions, for clarification purposes, of any or all Proposers as part of its evaluation. The Proposer shall be prepared to present a briefing regarding the manner in which the contractual obligations will be accomplished. In addition, it is highly recommended the Proposer have the appropriate management level staff represent the firm during the presentation phase. The designated project manager should be available. Submitted project cost shall not be subject to change until formal negotiations have begun with a designated firm. * Project Cost (item #3 above) will be calculated as per the following illustration. 0 Firm A: Proposed Price $20,000 Percentage = 100% X Weight (20) = 20 Points Firm B: Proposed Price $ 25,000 Percentage = 80% X Weight (20) = 16 Points Firm C: Proposed Price $28,000 Percentage = 71 % X Weight (20) = 14 Points Firm B's percentage is $20,000 $25,000 = 80% Firm C's percentage is $20,000 = $28,000 = 71 % V. AWARD OF CONTRACT The contract shall be awarded to the responsible Proposer 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 to reject any or all proposals without prejudice. 4 i r� INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 04-12R DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX 1. DEFINED TERMS 6.1. Terms used in these Instructions to Offerors are defined as follows: 6.2. "Offeror" - one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. 6.3. "Proposer'— one who submits a Proposal directly to City; the terms "Offeror" and "Proposer' can be used interchangeably but have the same meaning. 6.4. "Successful Proposer" - the qualified, responsible and responsive Proposer to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. 6.5. "CITY" - the City of Tamarac, a municipal corporation of the State of Florida. 6.6. "Proposal Documents" - the Request for Proposals, Instructions to Offerors, Proposal Forms, Design Criteria Package, Specifications, if any, Certification, Certified Resolution, , and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals). 6.7. "CONSULTANT" - the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS Any and all Special Conditions that may vary from the General Conditions shall have precedence. . 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Proposal, each Proposer must: a. visit the site to familiarize themselves with the facilities and equipment that may in any manner affect cost, or performance of the work; b. 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 Proposer's observations with the Proposal Documents; and d. notify the Senior Procurement Specialist or designee of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Proposer, by and through the submission of a Proposal, agrees that they shall be held responsible for having examined the facilities and equipment; familiarized themselves with the nature and extent of the work • • • W.. �_.. ---- _...... 1 city of and any local conditions that may affect the work to be done and the equipment, materials, parts and labor required. 4. SPECIFICATIONS 4.1 The apparent silence of the Design Criteria / Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 4.2 For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Proposer meets all the Specifications in every respect. 4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Proposer may offer any brand, which meets or exceeds the specifications for any item(s). If a Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name and catalog number. Proposer shall submit with their Proposal complete, descriptive literature and/or specifications. The Proposer should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the CITY. If Proposer fails to name a substitute, it will be assumed that they are bidding on and they will be required to furnish goods identical to Proposal standards. 5. INTERPRETATIONS AND ADDENDA If the Proposer 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 Senior Procurement Specialist or designee for interpretation or clarification. Such request should reference the date of Proposal opening and Proposal number and should be received by the Senior Procurement Specialist or designee at least seven (7) calendar days prior to the opening date of the Proposals. Questions received less than seven (7) calendar days prior to the Proposal opening may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda transmitted either via email or faxed to all Proposers recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. W11 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 ninety 90 calendar days after the day of the Proposal opening. 6.3. The costs and compensation proposed shall include all franchise fees, royalties, license fees and other costs arising from the use by such design, equipment and/or materials in any way involved in the work as well as all costs of transporting and service to the required locations. 7. ' NON -COLLUSIVE AFFIDAVIT Each Proposer shall complete the Non -Collusive Affidavit, and shall have previously submitted this form with the Request for Qualification Proposal. CITY considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. PUBLIC ENTITY CRIMES In accordance with F.S. 4287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 9� CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. f 70 10. PERFORMANCE BONDS AND INSURANCE Prior to acceptance of the proposal, the Successful Proposer, when required by the Special Conditions, shall submit performance and payment bonds on City forms for such as well as certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 11. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 11.1 The following is a summary of documents, which MUST to be submitted by the Proposers: a. Proposal b. Certification C. Certified Resolution d. Certificate(s) of Insurance e. SDBE Attachments "B", "C" and "D". 11.2 Additionally, the following documents must oe submitted prior to awarri a. Signed and sealed Contractor Agreement b. SDBE Attachment "E" (Letter of Intent to Perform as Subcontractor) 11.3 The following documents must be submitted prior to commencement of work: a. Payment and Performance Bonds 100% of contract price b. Current and approved Insurance 11.4 The following documents have been previously submitted with the Request for Qualifications Proposal. a. Offeror's Qualification Statement b. Non -Collusive Affidavit C. Vendor Drug -Free Workplace 12. SUBMISSION OF PROPOSALS 12.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer must be initialed. 12.2 Proposals must contain a manual signature of the authorized representative of the Proposer. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. 12.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. „... c — .: , r,,. li)IO a:. ,ii)�; I, •1 r[,.,'.---.__.-----._..'f':-`�f._�_.__•✓li.'f.?l.' 12.4 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 Proposals shall be submitted to the Senior Procurement Specialist on or before the date and time indicated in the Request for Proposals, and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "RFP 04-12R, DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX,” and shall state the name and address of the Proposer and shall be accompanied by any other required documents. Purchasing staff shall not be held responsible for the premature opening of a Proposal not properly addressed and identified. 12.6 In accordance with Florida Statutes Chapter 119 (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the Proposers are requested to identify sgecifcally any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from public disclosure. 12.7 All Proposals received from a Proposer in response to the Request for Proposal will become the property of CITY and will not be returned to the Proposer. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 13. MODIFICATION AND WITHDRAWAL OF PROPOSALS 13.1 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 a Proposer 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. 13.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer files a duly signed, written notice with CITY and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal but the intended correct Proposal is not similarly evident, then Proposer may withdraw its Proposal and the Bid Security, if applicable will be returned. Thereafter, the Proposer will be disqualified from further bidding on the subject Contract. 17 City of Tar)Cui-', 14. REJECTION OF PROPOSALS 14.1 To the extent permitted by applicable state and federal laws and regulations, CITY reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and the right to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposal will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 14.2 CITY reserves the right to reject the Proposal of any Proposer if CITY believes that it would not be in the best interest of the CITY to make an award to that Proposer, whether because the Proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. 15. QUALIFICATIONS OF PROPOSERS 15.1 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check through the Broward Sheriffs Office. Proposer's submission of a Proposal constitutes acknowledgement of this process and implies consent to such investigation. 15.2 No proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to CITY upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible or unreliable by CITY. 15.3 CITY reserves the right to make a pre -award inspection of the Proposer's facilities and equipment prior to award of Contract. 16. INSURANCE 16.1 Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Proposer, its employees, agents, or Subcontractors, if any, with respect to the work and services described herein. 16.2 Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. 16.3 Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any Subcontractor to obtain or maintain such insurance. T 13 City of ia-7. 16.4 The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $2,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability 16.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 16.6 Neither Proposer nor any Subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposer will ensure that all Subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. 16.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 16.8 The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 16.9 The Proposer shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. 16.10 If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. 16.11 The Successful Proposer agrees to perform the work under the Contract as an independent Contractor, and not as a subcontractor, agent or employee of CITY. 14 City ofT:,rr.., 16.12 Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value. 17. INDEMNIFICATION 17.1 GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Proposer 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 Proposer 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 Proposer 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 Proposer, their subcontractors, agents, servants, independent Contractor or employees; (g) the breach or alleged breach by Successful Proposer of any term, warranty or guarantee of the Contract. 17.2 The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 17.3 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 Proposer under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 18. WARRANTIES 18.1 Successful Proposer warrants to CITY that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. 18.2 Successful Proposer warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. a �a 18.3 Successful Proposer warrants to CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 18.4 All warranties made by Successful Proposer together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 19. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Successful Proposer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Proposer will take affirmative action to ensure that employees are treated during employment, without regard to their rare, 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 Proposer(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 20. TAXES Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. 21. PERMITS, FEES AND NOTICES Contractor shall be responsible for securing all City Building permits if applicable, however all City permit fees are waived. The Contractor shall secure and pay for all Non -City required permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of these permits, fees, licenses and charges shall be included in the price Proposal, except where expressly noted in the specifications requirement. 22. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Proposer shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Proposer of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event Successful Proposer has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Proposer shall be liable for all procurement and re - procurement costs, and any and all damages permitted by law, arising from the default and breach of the Contract. 16 ! of drlr 23. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Proposer, 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 Proposer 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 Proposer 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. 24. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 25. AUDIT RIGHTS CITY reserves the right to audit the records relating to this contract of Successful Proposer at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Proposer shall agree to submit to an audit by an independent certified public accountant selected by CITY. Successful Proposer shall allow CITY to inspect, examine and review the records of Successful Proposer at any and all times during normal business hours during the term of the Contract. 26. ASSIGNMENT 26.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 26.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Proposer and CITY may, at its discretion, cancel the Contract and all rights, title and interest of Successful Proposer shall thereupon cease and terminate. 1' �It� �F •r;•+. it v � ��i ,�1: �; "1._ .. _. -?!' PROPOSALFORM RFP d4-12R DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX SUBMITTED TO: City of Tamarac Senior Procurement Specialist 7525 NW 88th Avenue Tamarac, Florida 33321 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Proposer accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Proposers, including without limitation those pertaining to the disposition of Proposal Security. 3. The Proposer has become fully informed concerning the local conditions, and nature and, extent of work, and has examined all Contract Documents. 4. Proposer has given the Senior Procurement Specialist or designee written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Senior Procurement Specialist or designee is acceptable to Proposer. 5. Proposer proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as Design/Build of the Tamarac Aquatic Complex. 6. Proposer will provide design/build services to the City at the prices indicated on the following page. 1 Is h,a ,y.t .-.:I: /":75;• (7 x �:. �.��...'�.�:'vl PROPOSAL FORMA (continued) RFP 04-12R DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX ITEM DESCRIPTION TOTAL COST A. Site Plan/Park Design $ B. Construction $ TOTAL DESIGN/BUILD COST $ Proposers Name: Authorized Signature: Printed Name of Authorized Signer: NOTE: Proposal Forms submitted without the manual signature of an authorized agent of the Proposer may be deemed non -responsive and ineligible for award. ELI � 4�y ....... .. .... ........ ............................... I PROPOSAL FORM (continued) RFP 04-12R DESIGN/BUILD OF THE TAMARAC AQUATIC COMPLEX Delivery/completion: calendar days after receipt of City's Notice to Proceed. The delivery/completion time entered above must be defendable, per the required milestone event schedule to be submitted with your proposal. (Reference Section III.. r - i m I O t Q � (V - ` O_ v, Co 1 mCO X ... Q �• cn E M z co E c 0 E •E E ° �° v = o 0 U) 0 4) z > o a Q;E i ❑ a) L O E 0 O ..... E (D (� ...� � r cu a) C 2 a) cc U) (D O C oU ,.• Q a) E C C c U O 2 G Q) 0 C Co a)U) L1 c0 IL � U) C 0.2 co Co U) .0 y U � 3 0 O �r C O �0 O n E 0 o, cU ai mop U O co a) O Ew(D ,O 5 j, � U O 0 -0 C coo. 3 c 0 O � — O � C C T O �Ea) � 0 7 E 0 C � O a U) :3 M s co N F— u U) LO C) 4 C N L) CIO❑ O T C 7 "y f0 ❑ O c U ❑ C� T n \ ` am W cu ce c c n c C_ �U C O E O U k, . • L.� 0 Fjnt! C�rlrAci? r?I•�ls�nr ATTACHMENT "E" letter of 1nlent to Perform as a Subcontractor 5 ad I rs r �� __pLumo Conte c io I Contract Number REE 0- 2 (Name of Prime or General Builder) The undersigned Intends to perform work in connection wilt) the above Conirocl as; (check one) a Indlvidual u Partnership 1K Corporalion © Joint Venture The minority status of the undersigned Is confirmed; (a) on the records of the Purchasing Division. Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work In connection with the above contract: (specify In detail particular work, to be performed) At the following price; You have projected the following commencement dote for such work, and the undersigned Is projecting completion of such work, as follows: Items Projected f rolected Commencement Date Com Lofton Dpte Percent of the dollar;volue of the subcontract will be sublet and/or awarded fo non - minority contractors and/or InIon-minority suppliers, The undersigned will enter into a formal agreement for the above wdrk with you condilioned upon your execution of a Contract with the Board of County Commissioners. Name of Minority Contractor;;�2c By, AA&"'F/Cpc��ti� Date: eAS J� �aopry room �BRowry � 7ZZOWN- 'Vecbic FAX (954) 938-9272 TO: STAWOOD BUi;LDERS Date; Ma 19.2004 FROM: Winston brown-- -- ATTN: Jim Parker NO. OF PAGES, INCLUDING COVER SHEET:_. R> FERENCE: Tamarac A uatic Center Desi n /Build RFP 04-12R COMMENTS/INSTRUCTIONS: 0 Please call if the'? a es are not received or if ou have an additional ueStions. 6555 N. Powerline Rd. Suite 205, Ft. Lauderdale, FL 33309. Phone (954) 938-8986 MAY. 18.2J)4 1:88NY SEAWOOD BUILDERS N0".871 P. 2/2 0 0 of Taman a ATTACHMENT "Ell Letter of Intent to Perform as a Subcontractor 014 conriacts t)klaior &,= od Builders. g divisiontalfum r do Contract Number .R.FR 04-12R (Name of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as: (check one) a Individual to Partnership p'�Corporation ❑ Joint venture The minority status of the undersigned is confirmed; (a) can the records of the Purchasing Division, Board of County Commissioners, Broward County: or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the above contract: (specity in detail particular work to be performed) At the following price: You hove projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Projected Commencement Date Completion Date Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or non -minority suppliers. The undersigned will enter into a formal agreement for the above work with you conditioned upon your execution of a Contract with the Board of County Commissioners, Name of Minority Controctor: By: r_ .. Date: - i :>f `''"aa.1.=w,Fr,•.' C:.'�. :.":fl';:: .:' • Ftiit,^:!lFrSil", �TICi "`r;rlffT.iC:: ti.h'i�?4�r ATTACHMENT " E" Letter of Intent to Perform ar a Subcontractor n Contract Number gff Q;JA2.R (Name of Prim or Genoral Builder) unrlersione intends to perform work in connectOrl with the above Contract ar: ich',�ck pane) ❑ I dlvldual o I artnarship [/ orporatfon El Joint Venture The m'nority stotus of the undersigned is confirmed; (a) on the records of the Purchasing Div's'on, Boardl of County Commissioners, Browarc County; or (b) on the aft(ched Small Ciscldvanfogec Business Enterprl3e Identificotlon Affidavit. The urdersIgnad is prepared to perform the following described work In connection with the c;: eve contras : (speelfy In detail particular work to be performed) A -the fcllowino price: You hava pro) ted the following commencement (Rate for such work, and the undersigned is pro)�9tting co lotion of such work; as follows: w. _.._ _.� ►tE . s Projected r Projected Commencement Date Completion Dote Percent of the dollar'value of the subccntrc 0wlll tie sublet and/or awarded to non- m?norlty contractors and/or ►ton -minority suppliers, the undersigned will enter into a formal o ,roerient for he above wqrk with you conditioned upon your execution of a Contract with .i�'e l3o aitl of C unty Commissioners, Nano of Mina Contract r:' r_ Ey Date: d ,,.:'):'� i �rrir,: ;., ,i.a':1 ., "'!:•�'fr,:;rr' ,.::� r.,i :�_•�Jt... ,. rJ<.:,_ � N�� A�■fit FRANCIS ENGINEERING, INC. Contractors & Engineers Fire Protection System Design and Installation 1232 S. W. 31 st Ave. * Ft. Lauderdale, Florida 33312 (954) 584.7910 * Fax (954) 584-9480 E-mail: 1i'ancisciia:minds rin .com TO: SEAWOOD BUILDERS, INC. 565 EAST HILLSBOR BLVD. DEERFIELD BEACH, FL 33441 WE ARE SENDING YOU 0 Attached 0 Under separate cover via— ❑ Shop Drawings 0 Prints 0 Plans 0 Copy of Letter 0 Change Order 0 LETTER OF TRANSMITTAL DAFE: 05/18/04 I JOB NO. ATTENTION: AUDRA TAYLOR ------------------------------------------------------- RE: LETTER OF INTENT the following items; 0 Samples 0 Specifications COPIES DATE NO DESCRIPTION I LETTER OF INTENT I BROWARD COUNTY MINORITY CERTIFICATE THESE ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submitted 0 Resubmit ❑ For your use ❑ Approved as noted 0 Submit- 0 As requested ❑ Returned for corrections 0 Retum_ 0 For review and comment 0 ❑ FORBIDS DUE 200 0 PRINTS RETURNED AFTER LOAN TO US REMARKS: COPIES WERE PREVIOUSLY FAXED _copies for approval _copies for distribution corrected prints EP MAY 1 ,y 2004 THANKS, COPY TO: LAUNA SIGNED: Inn 1. IU. L'�'V`t _J. Lam, ,., 1,I"I".I ..,.. � I " " . r� L • c"il; of 7ir-7.9r'v Pa,-char,ing arrf { �rir Cfa (i': rslnr i ATTACHMENT "E" Letter of Intent to Perform as a Subcontractor Seawood Builder9, a d of C ifuma Co true " Contract Number l.,Q4-128 (Name of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as: (check one) o Individual ❑ Partnership M Corporation ❑ Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepored to perform the following described work in connection with the above contract; (specify in detail particular work to be performed) FIRE SPRINKLER SYSTEM At the following price: You have projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Projected Commencement Date Completion Dote Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or r, on -minority suppliers. The undersigned will enter into a formal agreement for the above work with you conditioned upon your execution of a Contract with the Board of County Commissioners, Name of, Iy Cantr FRANCIS ENGINEERING, By: Date;_ n5/18- nA ` tti o CO� J � `to 4-- O ca d.., F N N cCCDoc CAI ;•, r� O O Z co V) Co co _ti, rfr " "'�'• Obi v t j 20 ♦ f+ U in = O CL C] ice. 4 .. '. }.'^ `rY J F . � L N O + ECO IE Zu) zui �: W O .. O (O ( s, Tom; �irw . /�./ = ;— 0 o) 0 m 71. 7 O < CD L (; fl V n O G N r� j CO] O O C �` . Sr r • , i O r . CD ca O (D',; a:�.o i o� c. moo yv� c� , K O C cC cn : =) =QU PLLB Fax To: Seawood Builders Attn: Audro Taylor Fax #: 954.428.6707 GLASS TECH ENGINEERING INC. 8321 NW 70" Street MIAMI, FLORIDA 33166 PHONE (305) 594-4321 FAX (305) 599-2730 Date: May 19, 2004 From: Ari Rodriguez Pages: 2 (including cover page) Re: Tamarac Aquatic Center Design/Build Comments: As requested, attached please find the letter of intent completed, original to follow via Fed Ex. Should you require further information, please feel free to contact me at your next convenience. • Thank you for your business. If you do not receive all of the pages indicated, please contact the sender. RE IVIAY. I6. iJJu J 7I-M J111VYJU) � U I L d L N ; N J. CIy r, li l C+'r Or Tp�1Ar9C R�r,;�:,5i.,� and �'onr�acls .Dk-1gl:;r1 • ATTACHMENT "E" Letter of Intent to perform as a Subcontractor L� Sgowgod B it lers. a cfiviSiOn talfurna.Cgeitrudion Contract Number RFP -1 (Nome of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as: (check one) ❑ Individual ❑ . Partnership xCorporation o Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the abovefpnlr_act: (specify in detail particular work to be pelformed) At the following price: $ You have projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Projected Commencement Date Cam letion Data Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or lion -minority suppliers. The undersigned will enter into a formal agreement for the above work with you conditioned upon our execution of a Contract with the Board of County Commi0oners. 01"'T"IU.*. �"'��10' �#1 N.w.1e N. MINmi, FL 33196 Nome o Min city Contra ; By; Li re z. -Date: 0 r • MAY, ':B. H34 3:72P;V S[AiY O 3J;!DIRS 979 P. 2%2 P.ir,:r„a_<ir,rt gin;! C�nlrRcrq Dr�l�lr:n ATTACHMENT "E'l Letter of Intent to Perform as a Subcontractor awQg, uil a v' io tat C rt Contract Number RFP -1' (Name of Prime or General guilder) The undersigned Intends to perform work in connection wish the above Contract ds; (check one) [3 Individual C] Partnership xCorporation o Joint Venture The minority status of the undersigned is confirmed; (a) an the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the obove,fpntract: (specify In detail porticullor work to be pe�ormedl At the following price: You have pro ;ecied the following commencement dote for such work, and the undersigned is projecting completion of such work, as follows: Percent at the dollarvalue of the �ubcontroct will be sublet and/or awarded to non. minority contractors and/or pon-minority suppliers, The undersigned will enter Into a formal agreement for the above work with you conditioned upon our execullon of a Contract with the Board of County Commisiloners. am" Tom ,3sk 1A°' Minn, FL 33140 0 ,�.., J. "L. :y _ � ,r. ,' �c:'"(Y irl• � •.ii•�r `,�. I'�'I �.. �ft�.i �.1 jl,l�',%,, fj('. .. :..�:7r '-17 1 ZI r_'U1.1-1 1 U . 1+eHM %a lir-' LP-L: LKJL I ;.r_UU N. A 0 Fax .�_ , GIA55 TECH ENGINEE_RI 8321 NW 70" Street MIAMI, FLORIDA 33166 PHONE (305) 594-4321 FAX (305) 599-2730 To: Seawood Builders Attn: A.udro Taylor Fax #: 954.428.6707 Date: May 19, 2004 From: Ari Rodriguez Pages: 2 (including cover page) Re: Tamarac Aquatic Cenier Design/Build Comments: As requested, attached please find the letter of intent completed, original to follow via Fed Ex. Should you require further information, please feel free to contact me at your next convenience. Thank you for your business. If you do not receive all of the pages indicated lease contact the sender. high Q Seeds Corp. Landscaping, Irrigation, Sod 6650 SW 189 Way, Southwest Ranches, F133332 Tel: 954-252-8220 Fax: 252-6752 May 20,2004 Audra Taylor Seawood Builders Fax; (954) 246-1205 Re. Tamarac Aquatic Center Design Build RFP 04-12R Enclosed please find Letter of Intent as requested. Thank you very much, kA'� 0�� 4" C� Liliana Urrea RrVUvEa MAY 21 2004 il :7 ATTACHMENT "E" Letter of Intent to Perform Ctl a Subcontractor SeQYyoodg_'iers. a d'Vsi-20of Cc7ta1,`Ur2p. Cgq&,&,ti2U Contract Number RFP 4-1PR (Name of Prime or General Builder) The undersigred ln-erds io perform work in connection wl'h the above Coratrtact as: (check one) ❑ Individual O Part-erzip e Corporation C7 Joint Venture The minority status of the undersigned is confirmed; (a) on the records c.,f i`ae 'u!chosing Division. Scard of County Commissioners, B'oword County: or (o) on the attached Small Disadvantaged Business Enterprise icent'ftcation Affidavit, Tne undersigned is prepared to perform the following described work in connection with the above contract: fspecity in de'ail particular work to be pe0ormed) At tie tol,owing price: You have projeCted the bliovAng commencement date for such work, and the undersigned is projecting completion cf such work, as follows: Items Projected Projected Corrimencement Dote Completion pate Percent of We dollar value of Me subcontract will be sable, and/or awarded to non- mir•ority contractors anchor non-rmino-ity s:appliiers. The under<igned Ml enter :n-o a forma: agreement for the cat.,ove work w th you condif'oned .upon your execution of a Contract with the Board of County Commissioners, e Name of Minority c; ontrar_tor: -- h �QI'DBy: ._ ° ° �.� �� Date: �J?/Lo______ • 0 0 C: . c EL �a j O CL ;10 EO w cn co CD cn 1 UJ =1 m w,rw �w V o E i V ♦ co cu a _ D U C N p N o a� ,C _(D N O U w �. 3 c o a 0.0 abi c; 3 0 x 4- W \ Q of D b N c C m 0 o O n CL EE co co z O a c CD ca <..0 � CU 0 C or N ' D U(OQ� cCl _ / E t�C 7' r t r.+ 4-- C 0.- 0 "O OC -o cQ "a o (D o�� N a E C a N .r O y � N N ::3 - vi r-r0 � 3: C U { o cv v, c o N p a�(00 cum �E� �. ccv N a �wE � O E0 M E o D.0 CD0m v =QaU F-°teoE E LL �c U W Q O a) U a 0 U G ' d b a Q, fl- F o m � to w m o — o E rile ATTACMMKNT "I" Letter of Intent to Perform as a 5S►beontractor �iv'.ion of�'gt a!(u�_ �• ui�� ti Can,r;act u�+!rr�E�r k"! (Nome of Porno or Genercl 5u1';je►r1 The unae.1s4neC infends to perform *vork in corn n+dk-n -twit-. fh( above Ccril-oct as: (ct,iuc:k one) r i"'C11ViL�:JC1l Partnership t;�rporc+Tio•. The minority stat:is of the undersi;?ned is confrrtted: (n) on the rewords of the Purchasing Division, Baord of County Cornndsi'onefs, Broward County; or (dj or the ott:lchsd Smcli Disadvantaged Susinctss Enterpx;;e Identifico.ion A'fidovit. The under:;gned is prepored tc perforn! r ,E %Mlowing described work in connectio^ w:th the above controct: (specify in refcrii pzv 1r.;,J rr work fo be perforrr•:ed) Al the followilo pf'ce: You have protected Me `ollowing : ornmarcemert date for such work, Chid the unlierSiveO is projecting completion. Of $LCh auric, os fallq'ws: ItZ+r"'1� llrojpcted Commercemen^ate Pr ;tried ^rsletion u ___ . Percent of the doll.;r value of the sut.,controc+ wil: be sublet and; or awarded t% -Icn- mrrori`y con'i,ac:tors a-;d/oi non-rri^ority rupplk."S. Ili+. X10e[Signed will sinter intU a fur od ogreement for the obove work wi*h you conditioned upon yo+jr execution of a Conthac, wit(i the :?oard of County Corrim's;loners, el 4, Nome of. Miriorify C;onlrac..tcr: -L � ,.i,e�' a ATTACHMENT 4,Epq Lefler of Intent to Perform as a Subcontractor $Q.gW-Q d-Builder - g divlq,;gn gLCgJg11yrna-CwstrugtlQn Coritrac! Nurnbeij, E �-R (Nome of Prime or General Builder) The undersigned intends to perform work in connection Wth'the above Contr'act'as: (check one) Individual El Partnership :C Corporation o Joint Venture The minority status of the undersigned is confirmed; (a) onAhe records'. f. 1hty Purchasing Division, Board of County Commissioners, 8roword County; or (b) on tht atto'ched Smail Disocivontoged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the qbove contract., (specify in detail particular work to be performed) At the following price: $ Z—VA You have projected the following commencement dole for such wo.rk,'ond the -Undersigned is projecting completion of such work, as follows: Items Projected P ;jetted CoMmencement Date CornAlefion Dote Percent of the dollar value of the subcontract will be sublet and/bri'a w''arded to non - minority contractors and/or non minority suppliers, The undersigned will Oter into a formal agreement for the above wdrl< with you conditioned upon your execution ref a Contract with the Board of County Commissioners. Name of Minority contractor:. M, A'. F. • MAY, 18. 20C4 3:56Piill SEAWOOD SUIlDERS ha 87 P. 2/2 Cite° of TWIM as �, pu haa► anti Cnnrr�cts o/al is�n ATTACHMENT "E" Letter of Intent to Perform as a Subcontractor 5eawood Builders a division qf cotgifumgConstruction Contract Number RFP 0 - (Name of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as; (check one) o Individual o Partnership V Corporation c Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit, The undersigned is prepared to perform the following described work in connection with the above contract: (specify In detail particular work to be performed) At the following price: $._-_ You have projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Commencement Date Projected Corn letion Date -e7 Percent of the dollar Yalue of the subcontract will be sublet and/or awarded to non - minority contractors and/or non -minority suppliers, The undersigned will enter into a formal agreement for the above work with you conditioned upon your execution of a Contract with the Board of County Commissioners. Nome of Minority Contractor: . 5 By; Date: �� ici o 4 • �ti2',a3 � i �J� ; ,i r � � i�i i t .r�r•:r� • INI.; 11 Phone 954-421-4200 Fax 954-428-6707 Date: MU 11- 29QI Re; c Agmtc CeqJLQ3MIggftild RFP 04-1 Seawood Builders is in the process of submitting its qualifications for consideration as the General Contractor for the above mentioned design/build project with Broward County. As part of the Step I submittal process, we am required to submit Letters of Intent from potential subcontractors. M al H;Md thl allUbld L r Below is the scope of work and budgeted funds provided by Broward County for this project: Tamarac Aquatic Center, Tamarac, Florida, Phase I will be an asphalt parking IA utility enhancement, landscaping and construction of new single story concrete block and stucco pool house building. Phase II will be construction of new single story concrete block and stucco fitness center, open air pavilion and concession stand buildings and the development of an Interactive Aquatics Swimming Pool Area. Budgeted Funds for this project are S2,000,000,00. 11e scope of work shall be perforated pursuant to a design/build construction contract with a guaranteed maximum price equal to or less than the budgeted funds fbr this project. Broward County conducts its selection process in 2 steps. Step I requires desigAuild teams to submit their qualification packages for consideration, Seawood Builders ((kneral Contractor) has teamed up with DeRose Design Consultants (Civil Engineering) and Scharf and Associates (Architects) as a desigrAuild team. Should our team be short listed, we will be invited to submit f4rther qualifications upon of Step II. Step II involves the pricing and scheduling of the job. We will contact you to bid the job if we move on to Step I1. We appreciate your participation and look forward to working with you. Should you have any questions, please feel fr4o to contact Jim Parker or me at 954-421-4200. Thank you. Please fltx me the copy of the letter of intent to 954.428-6707 and FedEx the original using my FedEx number 1007.4695.6 to: Seawood Builders 565 Bast Hillsboro, Blvd. Deerfield Beach, FL 33441 0 q! C; 0 ATTACHMENT "E" Letter of Intent to Perform as a Subcontractor Sgawp i Buildgrs, a diyi5 on o! Catalfurno CQnstrucc iQn Contract Number & o4-12R (Name of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as: (check one) ❑ Individual ❑ Partnership OL- Corporation o Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the above contract; (specify in detail particular work to be performed) 4 u . r --/ ►v&- At the following price: $ You hove projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Projected Commencement Date Completion Date Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or non -minority suppliers. The undersigned will enter into a formal agreement for the above work with you conditioned upon your execution of a Contract with the Board of County Commissioners. Name of Minority Contractor ;�a s ; ;�/� i� ' , �- �i'i �..� �� . ,; �'� 'J - / A By: ��._G'�rc'--1%1�/�K �-..- ..� �. Date MdP-i� LJ.4 4-. ,riii ",U I t ear' I t _JIII,Ie I l . ; I I lll-. + I', J - L' � �, owLi .- ,-,r-Vu0 0 • 01-W r` 7 'n:ror.l ATTACHMENT "E" F'u• J»s inr ;, ^ 7 C�: n: �•r: rt:: r+r: rsr,+,, Letter of Intent to Perform as a Subcontracior SeaWvod 8uil rs a vision of Catolfumo Con tr ction Contract Number RFP 04-12R (Name of Prime or General Builder) The undersigned intends to perform work in connection wish the above Contract as: (check one) ❑ Individual p Partnership X Corporation ❑ Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b on the attached Small Disadvartoged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the above contract: (specify in detail particular work to be performed) vr1 ►� �i1c•11 M.�M � � L• t, ►5 G l�-�vt r4 c` � it � �U� . G� �.� 1.�"rE I Z.' f'}t.nrsl�. •�. 1 �� I `t--1 Lt�� Q U� � M c�wT �a n :.�„ � (1J ��s , At the following price: $ You have projected the follo\,ving commencement ante for such worK, and the undersigned is projecting completion of such work, os follows: 3� Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or non -minority suppliers. The undersigned will enter into a formal agreement for the above work with yov conditioned upon your execution of o Contract with the Board of County Commissioners. Name of MinoritYCDnfro tor )l ..-. By: Date: PAY-19-2004 12:0i 93%, p . 02 +� W ,>., p 00., 0 0 EO' LU ( fy r�l..r C: w �rww. VI f� L�J 4� cn O Ca o E r I M 0 Z 'u d CL O a E LL 0 S , � G LT Li m � Cl I. ,d '.'1 .D m (V Q) � O EL Ca N w a) CL N 'C C cu tn ro C E Q a) E a) 0 N `v �' -0 C 'a O 0 O �pp CL 40 .E C Q. G � C O C m cn 72 Imo c m ° Qi s n o M � Q1 V =_ O v� O d C C O � v C: o m c C co O O O � U � a) C y 0.0 U C); -r- M O O C NG], N 3 c O W O _ o 2 n o 0 E v c ell-0 Lel C'V O Ca N N N 0 U X c �U • Ui T8f? a a r: ATTACHMENT 111 Letter of Intent to Perform as a Subcontractor and ConrimcN 71v�. h)p 599�yQ=JudIde[s. a division Con truction Contract Number RFP 04-12R (Name of Prime or General Builder) The undersigned intends to perform work in connection with the above Contract as: (check one) ❑ Individual ❑ Partnership 1st. Corporation ❑ Joint Venture The minority status of the undersigned is confirmed; (a) on the records of the Purchasing Division, Board of County Commissioners, Broward County; or (b) on the attached Small Disadvantaged Business Enterprise Identification Affidavit. The undersigned is prepared to perform the following described work in connection with the above contract: (specify in detail particular work to be performed) Sri£., Q T'i i.. i -r le". At the following price: $ You have projected the following commencement date for such work, and the undersigned is projecting completion of such work, as follows: Items Projected Projected Commencement Date Completion Date Percent of the dollar value of the subcontract will be sublet and/or awarded to non - minority contractors and/or non -minority suppliers. The undersigned will enter into a formal agreement for the above work with you conditioned upon your execution of a Contract with the Board of County Commissioners, Name of Minority Contractor: C� l .;. - ? By;<�& _ Date: k:..� i' (.. �...�.�.-.... •:7.-25 ..i .... ,..u-•��i �,,�: .,��;,n�..i,,� Via.>sii��l'. .::> :��,.:!:'.L;i�: „�i...r } III9l 11AINK-111:111V7 Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) UNITS OF MEASURE LF/SF UNIT (9ty) UNIT COST EXTENDED COST A. Sanitary Sewer LF 300 $10 $3,000 B. Storm Drainage LF 788 $5 $3,940 C. Pool Piping LF 200 $10 $2,000 D. TOTAL $8,940 If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. May 28, 2004 •-��'�� (Date) by: Edward V. Masi, C.E.O. Seawood Builders a Division of Catalfumo Construction, L.LC. STATE OF: FLORIDA COUNTY OF: BROWARD PERSONALLY APPEARED BEFORE ME, the undersigned authority, Edward V. Masi, who, after first being duly sworn by me, affixed his/her Si nature in the space provided above on this 2811, day of May, 2004. NOTARY PUBLIC My Commission Expires: Viviana Bianchini Commission #DD 18 1131 Expires: Feb 21, 2007 Bonded Thru " Atlantic Bonding Co., Inc, SWllOD A Division of CATALFUMO Construction, L.L.C. Tamarac Aquatic Complex Project Approach and Work Plan Seawood Builders will closely monitor, track and expedite the design and permitting phase of this project to maintain the proposed schedule. Seawood will also, with the City of Tamarac, coordinate the delivery of the prepared project site and utility tie-ins by Centex Homes to ensure timely start of the construction phase. At Seawood Builders our reputation is based on serving our clients needs by providing the highest level of quality in all aspects of the construction experience. This reputation has been arrived at by continuous management control, involvement by the ownership and senior management of the company and by continuous open communication with our clients throughout the entire process. Quality control and communications is constantly maintained through the use of a number of procedures that have been established and proven during the twenty-five years that Seawood has been in operation. Examples of these procedures are as follows: During the design process regular meetings will be scheduled and attended by all members of the pre -construction team including the Owner's representatives, the design professionals and Seawood's Project Executive and staff. An agenda will be provided to each team member prior to each meeting. Activities during these meetings will include, review of the design progress ensuring the end result meets the Owners requirements, cost review to ensure adherence to the budget as well as schedule updates. An Issue Log will be established at the first meeting and will be constantly updated at each subsequent meeting. The Issue Log details all items that must be completed to continue the process and assigns timelines and responsibility for resolution of each item. Detailed Meeting Minutes will be sent to all attendees within twenty-four hours after the meeting. Seawood staff will interface with all local agencies to manage the procurement of all required permits. • During the construction process, as with pre -construction, Seawood maintains a very stringent meeting schedule required to insure proper construction flow. Meetings with subcontractors will be held on a weekly basis and meetings with the Owners will be held on a bi-weekly basis. Maintenance of the Issue Log will continue throughout the construction phase as will the issuance of meeting minutes. • Provide continual maintenance of the inspection process so the Certificate of Occupancy will be obtained by the committed deadline. DeRose Design Consultants Inc. NFAW000MFMTM A Division of CATALFUMO Construction, L.L.C. • Constantly update the construction schedule to insure on time or early completion of all phases and operations. • Prepare and review the timely submittal of all payment applications by Seawood and all vendors associated with the project. Provide all lien releases and additional administrative reports required by the Owner. • Daily subcontractor management to insure adequate manpower is constantly maintained and that all work adhere to the approved plans and specifications as well as all applicable codes. At the completion of construction provide the Owner with all as -built plans, closeout documents, warranties and operation manuals for all systems included in the building. Seawood Builders, will serve as the contracting party and will be the single entity responsible for this project. Seawood Builders, Inc. will contract directly with DeRose Design Consultants for engineering services. DeRose Design Consultants will contract directly with Scharf & Associates for architecture and design services. These relationships and team members identified will remain as documented in the organization chart from the inception of the project, through design, construction and formal close -Out. Our design -build team is uniquely qualified to complete the Aquatic Complex for the city of Tamarac. The combination of Seawood Builders, DeRose Design Consultants and Scharf & Associates provides experience in designing and/or building over 30 different parks and recreational facilities, the majority of which are in Broward County. In addition to this extensive experience in similar projects, this design - build team is currently working with the City of Fort Lauderdale for the design and construction of Riverland Park. We encourage you to contact Alan Gavazzi, the City Architect, at 954-828-5162 to discuss our successful relationship with the City of Fort Lauderdale. We understand this project. We understand the process. We are confident that we are in the best posture to be tremendously successful in delivering a high quality product, on time, and within budget for the City of Tamarac. DeRose Design Consultants Inc. WOOD A Division of CATALFUMo Construction, L.L.C. Why Seawood Builders? We believe that Seawood Builders' plan, approach and proposal is the most effective for the City of Tamarac for the following critical reasons: Technical Proposal - (Design sensitivity and approach): Our design is comprehensive; addressing all of the requirements for the City of Tamarac. In addition, our design provides focused site security; easy and safe access for all users of the aquatic center; service area accessibility separated from the main users; and a thoughtful phasing plan providing a totally integrated end product. Qualifications - Proven Track Record: As you can ascertain from our submittal, we have extensive experience planning, designing and constructing aquatic and park facilities for both the public and the private sectors. Our references are impeccable. Our clients ask us to return year after year to continue working with them in the phasing of their projects. Our team has worked together successfully for over a decade delivering quality projects with aggressive schedules, within budget. Project Cost: Our cost is all inclusive. It is under budget! There will be no change orders, unless the City of Tamarac requests a change. Guaranteed Fast Track Schedule: We have a hard earned reputation for delivering projects successfully in a fast track schedule. We have never missed our end dates, only beat them. Our strict project management procedures and quality assurance program guarantees delivery on schedule, within budget and with a quality product. SDBE Participation: We are committed to meeting or exceeding the SDBE participation percentage required for this project. We meet these percentages not just because they are required, but because we philosophically believe in this participation as an organization, As you will note, we have taken the extra step to provide you with our SDBE participation commitment forms even though they were not required for this submittal. ' V DeRose Design Consultants Inc. co o •n a I a) d a n n qcj u a a G E E c Q T� = fO � �l b 7 10 'C waL)005ii 10 0 67 y C N C O U c N Q cn d 0 P E ro O aG CD_ x c CD a cm d m o _ � a^ rn d a z c c d ocl) . co ` w ' � ro U ❑ E CD CL LU a U d w �_.._� ' o z 1 mV V 0 NI, IT VU0 CI CD W o w a w W O O O O O G z m ca 0 m 3 _� ¢ 0 ra z ❑ z a ❑ � LL LU ¢ ¢ LL e6 Q cn O I N N p O N M C O N co N O Q vICD CD fi L) U o m C4a 0 0 0 0 0 0 0 z LL Q E N N N N N N N N O N N O C7 O N N N '�Npp N N N O CDcn O d to CD4 O O M N 0 in Cb m co LO V N M N M v N w N N v O Co n l{] O O Cl O M N O O co M IC1 '7 N M N M � 1, <D N N N N 0 O m d x CAa� 4 co o b O O C E .L.+ N V — C N C fn C N O y y 2 * � c = d W c d E Ca c c Ft U U a a ci m U z O l0 0 O y m � O 0 v D a. 15 v ❑ d G. C C — O N ` O W E O N N W O Q w O LL O 00 O N O N¢ U) z ❑ a a 80 a U m` u) m V) v ca m m m 0 o a o ra o 0 o a c5 u r- c] o m ;� c a O N m V LO 1- co M O m O O C N 7 (gyp 0 0 0 0 0 0 o 0 0 0 v) ii ❑ cr d M qAWOOD ' A Division of CATALFUMO Construction, L.L.C. Pool Contractor We have selected Pool People Commercial, Inc./Northeast Aquatic Design & Supply, Inc. as our pool contractor due to their extensive experience in pool design/construction. Attached is a sampling of their work, Local Address: 6500 N.W. 15f" Avenue Suite 200 Fort Lauderdale, Florida 33309 Telephone Number: 954-973-6300 Fax Number: 954-972-7669 DeRose Design Consultants Inc. WATERPARKS THEME PARKS WATER COMPLEXES ADVENTURE PARK LAKE COMPOUNCE Milford, MA Bristol, CT ALPINE VALLEY COMPLEX LAND OF MAKE BELIEVE Helen, GA Hope, NY BLIZZARD BEACH MARGARITA HILTON Orlando, FL Margarita Island, Venezuela BOWCRAFT AMUSEMENT PARK MT. PLEASANT PARK Scotch Plains, NJ Valhalla, NY BUSCH GARDENS ADVENTURE MYSTIC AQUARIUM ISLAND Mystic, CT Tampa, FL NEW ENGLAND AQUARIUM BUSCH GARDENS WATER Boston, MA COUNTRY, USA Williamsburg, VA OASIS Aruba CLUB FITIBRIARCLIFF Ossining, NY POWER RIDGE Middletown, CT DEDHAM RACQUETIME Dedham, MA RAPIDS West Palm Beach, FL DORNEY PARKI WILDWATER KINGDOM RAPIDS WILD Allentown, PA Honolulu, Hawaii THE GREAT ESCAPE RENAISSANCE PARK Lake George, NY Lancaster, PA ➢ Phase I - Master Plan ➢ Phase II - Kiddy Spray Ground RICHLAND HILLS Richland Hills, TX IDLEWILD PARK Latrobe, PA RIVERSIDE PARK Agawam, MA ISLAND ONE Orlando, FL ST. LOUIS WATER WORKS St. Loris, MO KNIGHTS ACTION PARK NORTHEAST AQUATIC DESIGN & SUPPLY, INC./ POOL PEOPLE COMMERCIAL WATERPARKS THEME PARKS WATER COMPLEXES SANAK FAMILY WATER PARK Albany, NY SANDCASTLE Pittsburgh, PA SEABREEZE PARK Rochester, NY Phase I -- Tube Complex ➢ Phase II - Speedslides SPLASH DOWN Fislikill, L.I., NY SPLASH DOWN DUNES Illinois SPLISH SPLASH WATER PARK Long Island, NY Phase I - Master Plan, Park Design Phase 11- Enclosed Tube Ride, Relaxing Pool, Theme Design, New Kiddy Pool ➢ Phase III - Wave Pool Layout Phase IV - ProTube 32, Theme Design ➢ Phase V - Side Pool, Waterfall, Tower ➢ Phase VI - Wave Pool Phase VII - Spray Pool Phase VIII - Haunted House ➢ Phase IX - Mammouth River SPORTS NINE Fishkill, NY SUN SPLASH Cape Coral, FL v Kiddy Pool Expansion ➢ Repair of Lazy River SUN SPLASH II Cape Coral, FL SURF COASTER Weirs Beach, NH Phase I — Wave Pool Phase II — Kiddy Pool WATER COUNTRY Shrewsbury, MA WATER MANIA Kissimmee, FL WATER WIZZ Wareham, MA WATERSLIDE WORLD Lake George, NY ➢ Phase I - Speed, Slide, Wave Pool, Whirlpool ➢ Phase II - Slides & Tubes ➢ Phase III - Kiddy Pool WELLESLEY CENTER Wellesley, MA WHALE'S TAIL Lincoln, NH WILD RIVER PARK Kissimmee, FL WILD WATER & WHEELS Myrtle Beach, SC ➢ Phase I - Master Plan, Park Design ➢ Phase II - Wave Pool Design Phase III -- Relaxing Kiddy Pool, New 32" Slides Phase IV -- Wave Pool WILD WATERS Columbia, South America NORTHEAST AQUATIC DESIGN & SUPPLY, INC./ POOL PEOPLE COMMERCIAL 4 Ed 41PIV, 777 - U) 0 o�rn� M Q w V YiriJ = X a a Y W r l x J 3 s 'w NORTHEAST we !►t'soPi 1-or the Pint Of It SUN SPLASH. CAPE CORAL, FL a abody, MA 01960 PH: (978) 535-7900 FX: (97 8,` 535-3968 NORTHEAST ive )vstpn or rise f-un Of it WELLESLY CENTER WELLESLEY, MA • 3 Bourbon 5trec Peabody, MA 0196 P11. (978) 335-790 FX: (978) 535-396 1 NORTHEAST We Design For the l- w? Of It WILD WATER AND WHEELS MYRTLE REACH, SC 3 Bourl)MI SUCOt Peabody, MA 01960 PH.- (978) 535-7900 FK: (978) 535-3968 o .e SEAW000 ' 0 A Division of CATALFUMO Construction, L.L.C. DeRose Design Consultants Inc. TAMARAC AQUATIC CENTER PROPOSAL REQUIREMENT A TECHINCAL PROPOSAL #5 The following is a description of how planning and design will be conducted for the Aquatic Center. It is presented based on the requirements in Attachment "A" of the design criteria package. SCOPE OF SERVICES Professional Services — All professional services necessary for the complete design and construction of Phase I, as well as the complete design of Phase II will be provided by the design professionals through the offerer for this project. Broward County. Swim Grant — The design build team and the design professionals are familiar with the Swim Grant Agreement and the requirements contained therein. All planning and design work will be done in conformance with the requirements of this grant, such as, but not limited to: A. Providing a competition pool, including a "learn to swim" area. B. Equipment room of an area sufficient to house the necessary equipment for a complete pool installation. C. Restrooms, lockers, office, and storage facility designed suitable for the pool facility and related agency requirements. D. All site work and utilities necessary to provide the services to operate the aquatic facility. E. All fencing necessary to secure the aquatics area. F. Pool deck around the pools necessary for functions and activities related to pool use. G. Landscaping in conformance with the City requirements and any details pertaining to grant requirements. H. Site lighting in conformance with City and grant requirements. I. All parking suitable for the usage of the facility and as stipulated by the City. J. All the design and engineering services necessary to secure permits and agency approvals for the proposed facility. K, Work will be provided in accordance with time line stipulated in the grant program. Developer Centex Homes — The design and contracting team will verify that land clearing and utility services along with related preparation is suitably done for the beginning of the work under this project. We shall coordinate our design work with the Centex design for correct location of proposed utility corrections. Pp/tamarac aquatic tech #5 proposa1.052604.1dr WAD ' SFA 0 A Division of CATALFUMQ Construction, L.L.C. DeRose Design Consultants Inc. Codes & Regulations - We will comply with all Federal, State, and local codes, included but not limited to the Florida Building Code, City of Tamarac Land Development Code, City of Tamarac Code of Ordinances, Broward County Code of Ordinances, State of Florida Health Department Chapters 64E-9 pertaining to Public Swimming Pools and Bathing Places Regulations. Soil Borings - The design professionals will retain a professional geotechnical company that will do site soil surveys and render opinions or recommendations for the suitable preparation of foundations, as well as provide exfiltration tests results necessary for the adequate drainage of the facility. $anitary $pwgr. Potab e W er 8 StprM Water D ai — The infra -structure pertaining to site utilities in this category will be designed by the engineering firms that are part of the design/build team. Inter -connections will be delineated on the drawings submitted and connections suitable for the volumes of water based on customary design practices will be proposed and constructed. All utility design and construction will be sized as well for the Phase II portions of the Aquatic Complex site. SITE PLAN/COMPLEX DESIGN Site Plan/Park Design - A site plan has been conceived and submitted, which will be assembled based on primary issues pertaining to the following. The site provided will satisfy City Development Review Committee requirements along with related requirements enforced by City, County, State, and Federal agencies. The site plan proposed considers the factors such as: A. Entry control B. Separate entries for maintenance and operational requirements for the facility. C. Visibility which will be a primary component of the site plan to provide maximum safety and security inside the facility. D. Future construction that minimizes disruption to Phase I activities. E. Site feature locations that are sensitive to surrounding residential neighborhoods. Pool - An eight lane pool will be provided with it's associated concrete deck design in accordance with all the Health Department regulations, including A.D.A. accessibility through a zero entry ramp. The pool will be heated and have the equipment necessary to satisfy State Board of Health criteria and comply with the water quality levels of treatment. Pool Filter System - A pressure filter system of state of the art quality will be provided relying upon high rate rapid sand media which is superior for it's cleansing of the water. The pool filter system will also have automatic backwash with discharge to an acceptable surface location on site. �vooD A Division of CATALFUMQ Construction, L.L.C. y : DeRose Design Consultants Inc. Restroom..Building with Qftgnging Rooms - Restrooms will be provided based on the occupant count for a combination of both Phase I and Phase Il pool facilities. The combined facility count will result in restrooms of sufficient size and adequate number of stalls in keeping with codes and regulations pertaining thereto. Storage/Pump Building - The building component will include floor areas of adequate size to house all of the pool equipment for Phase I with reserve space dedicated for future equipment in Phase II. Piping will be arranged to serve Phase I with proper plugs and stubs for the future installation of the Phase II aquatic facility pool. ife uard it t Aid tation - Space will be provided in the main building for a first aid station, as well as support facilities for Lifeguards for the aquatic complex. Staff Office & Front Desk Area —A staff office is provided in the main building and a front desk area at the controlled entry point will be located strategically, providing additional visibility to the pool areas. Parking Lot — A parking lot for 150 cars is provided including dedicated A. D.A. spaces. The parking lot is situated so that it will be convenient for attendees to the facility. This parking lot will be provided with adequate drainage in compliance with all the water quality and water quantity regulations enforced by the agencies. A drop-off area has also been located at the public entry location. Off -site discharge of stormwater runoff is connected to stub -outs provided by the Centex Homes Developer. Landscapina — Landscaping will be provided in conformance with Xeriscape philosophy, as well as compliance with the City regulations. DESIGN PHASE II - The Phase II design will be completed at this time and provided in accordance with this agreement. Included in Phase II will be a fitness center of 3,000 square feet, water play area as a "free standing" pool, a concession building, and picnic shelter/pavilion for 50 persons. This design will be complete in every way and in conformance with the year 2004 codes. PARCEL "P" LAYOUT - In conformance with instructions from the City the site planning submitted with this design build proposal assigns the main functional portions for Phase I in the south and central section of the parcel. We have incorporated a sensitivity to the adjacent residential properties in conformance with the design criteria which should mitigate impacts to these properties especially noise control, as well as visually appealing consideration at the site perimeter. is It should be clear by reviewing the above that the site design will be conducted in accordance with the instructions presented in the design criteria package and in keeping S��vooD A Division of CATALFUMO Construction, L.L.C. i .7 DeRose Design Consultants Inc. with all agency requirements at the City, County, and State level. This design/build proposal will be eligible for review by representatives of the City before proceeding with final design. We suggest a workshop be arranged with City staff, (and representatives of the community if desired) , at which time we will review the preliminary design and incorporate suggestions whenever possible. Upon completion of the workshop we will then have a preliminary design that is satisfying the concerns of everyone contributing to this project. We will then proceed into final design and then later submit to all agencies having jurisdiction over the project. All agency and City department comments will then be addressed and when necessary incorporated into the final documents. At the end of the final construction documents we will have staff acceptance, community input, agency approvals and Building Department permits. We will then start construction in full coordination with all parties having an impact or regulating this project. 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I r i I= wer n,x r..,,fin Ac wa aG:x � •G 'At Arn a9!a• �w]EoYII'.n;u0`'•uCt10 "•J 0 0 0 Z CL KC 0 4 i LL 0 0 0 0 0 0 F7-l7------------------------------------� � � f i �0 A110 I"Sc -13 •Hav3a a'1amu33a GHVA37nQ8 0H0HSnjH LSV3 99S NDISM 1vnld33N00 �� a X31dW00 100d '3NMVIIMS 'ONI IZ ovavmi S1I3(ilifiS Q0�1V��'3 I I I I I I I i i I I I I I I I I I I I I I I I I I d J a w t 0 0 J U- auou a;��!' uGn :Ar4 •l.u•d c177 0 t'C V A'M :p91!q;i is`)] _)Mfl NCIIIA'M 0 0 0 ATTACHMENT "A" DESIGN CRITERIA PACKAGE 0 RFP #04-12R DESIGN BUILD OF TAMARAC AQUATIC COMPLEX SCOPE OF SERVICES Successful Offeror, heriafter referred to as the Offeror, shall enter into an Agreement with the City of Tamarac, Florida, hereafter referred to as the CITY, for the purpose of the design/buitd of the Tamarac Aquatic Complex, 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 the Tamarac Aquatic Complex located at N.W. 5$1h Street and N.W. 941h Avenue (see location map and legal description). • The City's budget for this project is $2,000,000.00 0 Funding for this project is in from the following grants: • Broward County Swim Central Grant - $1,500,000.00. Developer's Agreement with Centex Homes includes land clearing and preparation Due to grant funding for certain elements of the park, when requests for progress payments for these items are made, they shall be broken out as separate line items on the "Application for Payment' form. All funds will be administered by the City of Tamarac and all payments will be made by the City of Tamarac. This requirement is for bookkeeping purposes only. Work shall be completed in accordance with latest editions of all Federal, State, County and local codes including, but not limited to, Florida Building Code, City of Tamarac Land Development Code, City of Tamarac Code of Ordinances, Broward County Code of Ordinances and the State of Florida Health Department Chapter 64 E-9 — Public Swimming Pools and Bathing Places regulations. • Soil borings and engineering report for structures requiring a building permit shall be furnished by the Offeror. 0 • Legal description and/or survey shall be furnished by the City. C] • Sanitary sewer, potable water and storm water drainage infrastructure will be available with the development of the adjacent residential site; however, this infrastructure must be extended to provide necessary service to the proposed Aquatic Complex site. • Copies of the proposed Hampton Hills Development sheet 1 of 8 preliminary Engineering Report will be supplied to offeror. A. Site Plan/Complex Design Shall generally include the following amenities: • Site Plan/Park Design • One (1) pool — ADA accessible, heated, 8-lane, fenced, with pool deck • One (1) pool filter system • One (1) restroom building with changing rooms • One (1) storage pump building • One (1) Lifeguard/First Aid Station • One (1) staff office and front desk area • One (1) parking lot • Landscaping emphasizing native landscaping and preserving native habitats • Offeror is responsible for a site plan that conforms to all City, County, State and Federal requirements. Site Plan must be approved through the City Development Review Committee. • Design Phase If to include the following: o Fitness Center a minimum of 3,000 sq. ft. o Water Play Area. May be incorporated into pool or as a stand- alone entity. o Picnic shelter/pavilion able to accommodate 50 people. • All development should be on site known as Parcel P (see attached legal description and sketch). All development should be concentrated in the south and central sections of the parcel, being sensitive to adjacent residential properties. IB. Construction Elements to be included but not limited to: • All site preparation not included in Developer's Agreement (see attached agreement for details). 2M a M C-7 3 �" -zI -04 • Pool Construction -Minimum of 25 meters X 25 yards. 8 lanes. i Concrete construction with automatic backwash high rate sand ! filter. Appropriate number of heat pumps to heat pool efficiently and effectively. ADA accessible. Concrete decking minimum of 5 ft. wide. 8-10 ft. high decorative fencing surrounding pool. • 0 • One (1) Rest room building large enough to support the maximum bathing load for the pool, including water closets, lavatories, urinals for both men and women. Incorporated in the rest room is to be a changing room for each -men and women -to include lockers and showers. ' One (1) storage/pump room building to include automated chemicalization system. System to be Stantrol sodium hypochlorite and CO2 feeder. Storage in building must be large enough to store chemicals necessary to maintain pool for two weeks. This building may be incorporated into the rest room/changing building. + One (1) building to include lifeguard/first aid station, offices, entrance area, employee break area. This building may be incorporated into the rest room/changing building. One (1) parking lot suitable for supporting the park amenities of approximately 150 vehicles. • All pool construction and its amenities must meet the State of Florida Health Department Chapter 64E-9-Public Swimming Pools and Bathing Places Regulations. C. Alternate Construction Phase II Construction: a Fitness Center a minimum of 3,000 sq. ft. o Water Play Area. May be incorporated into pool or as a stand- alone entity. o Picnic shelter/pavilion able to accommodate 50 people 02neral_Reguirements of Offeror • Offeror is responsible for assuring the City's budget for proposed Aquatic Complex including all grants funding and designing the Aquatic Complex are met with 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. Once construction of Phase I is complete, Offeror will supply three copies of "as built" plans. If construction of Phase II is completed by the Offeror, they will supply three copies of "as built" plans. General Reguirpments of the City ■ The City will make available any and all information concerning the Aquatic Complex that is on file. Information is limited; therefore, it is the Offeror's responsibility to determine what is appropriate. Saeclsl Tong: 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, �... • .ill-ft 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 and operational by 311106, This Includes the design and construction of the Aquatic Complex, as defined in Phase 1, and the Phase II design. Phase II construction may be included in contract dependent on available funds, Phase II completion date will then be negotiated. 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. 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 10o% 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 attar 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 of the Contract, upon notification by CITY. The Warranty Bond shall lcoverpthe � cost of labor as well as materlals. �- '3-.W� • -- ® fNER mCAE OrTzU JIIaC p2rnlLwR.,{IIAAATRDIOANn NaD. 3lT0Be1249E EAHAIL I^�PMO�►gneRn.mm DESCRIPTIOK AND SKETCH RECREATION TRACT "LYONr, INDU$TRIAL PARK" LEGAL D6SCRwno)1 A PORTION OF PARCEL P. -LYONS INDUSTRIAL PARK-, ACCORDING TO THE PLAT THEREOF A9 RECORDED IN PLAT BOOK 71 AT PAGE 1 OF THE PUBLIC RECORDS OF BROWARCOUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED OF FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P: THENCE NORTH CVOI'3?* WEST, ALONG THE WEST LINE OF SAID PARCEL P. A DISTANCE OF E20.J2 FEET; THENCE SOUTH SB'39'OB' EAST. ALONG A LINE PARALLEL TO THE SOUTH LINE OF !RAID PARCEL P, A DISTANCE OF 418.70 FEET: THENCE SOUTH GO.OT7r EAST. ALONG A LINE PARALLEL TO SAID WQST LINES OF PARCEL P, A DISTANCE OF 920.99 FEET: THENCE NORTH eE•MW WEST. ALONG SAID SOUTH LINE OF PARCEL P, A DISTANCE OF 41S.70 FEET TO THE POSIT OF BEGINNWG, SAJD LANDS SITUATE IN THE CITY OF TAMARAC BROWARD COUNTY, FLORID/ AND CONTAIN 5.001 ACRES, MORE OR LESS. NOTES I. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SIITVEyOR AND MAPPER, 2. THIS SKETCH IS THE PROPERTY OI CARNAFNNPRpCTOR.CRM, INC.. AND SHALL NOT 1!E USED OR REPRODUCED IN WHOLI OR IN PART WITHOUT WRMNAUTHORIUTION. J. THE LANDS SHOWN HEREON AXE SUBISCT TO ALL UJOIEWTS RESERVATIONS, RIOMTS OF HYAY, AND RESTRICTIONS OF RECORD. 1. ALL EABEMENTS SHOWN HEREON ARE PER THE RECORD PLAT LVkLESS OTHERWISE NOTED. S. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A MU SEARCH. FOR WFORMATION C MOMTS.OF-WAY, EASEMENTS. RESERVATIONS, ANO OTHER SIMILAR MATTERS OF FUSLIC ROMClHNING ECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. a THIS IE NOT A SURVEY. ABBREVIATIONS B.C.N, . NOWARD COUNTY meco e KT.I. . NDT TO SCALE OJLI. . CWPWAA.ASCOIOBook P.S. . PLAT TOOK P.D. . PAOI F-0.0 . FOINT OF S[GNNINO SURVEYOR-S CBRy1FICATION I HEREBY QRTWV THAT THE Dp-1; U TTON AND IILETCH SHCIAN HER" CO PLIES WITH MMARIM TSCMAIy1L lTAMDARDI FOIL SURVEYS AS WWTAIISD IN04WM /1GHT4. PLOFWA ACWI /NISTIIATGOD[. pL%RM T TO DUCTS k 672,0117. "CA STATUTII, AND THAT SAID DISGRIPTICH AND AM L"'4`5 Alp COMUCT TO TIA WIT OF W SNDYAE M AND @CHIP. A7gFl!lICAILL YOM AND MAPPER DATI OF LAST FIELD MM , NOT A IURVEY RO10GA LIC/H1F No I A Awn LYONI INDHIITgIAL PARK --- Xw no., Os= DAIS! 940 WEFT I OF 2 SNItM r� m • • LOCATION MAP M.S. • This AGREEMENT FOR RELE � "Agreement') is entered into this OF RESTR1CTiVE COVENANT (the and between the CITY OF TAMA R Cy a m� al c , 2003 (the "Effective Uatr"), by "City"), and CENTEX HOMES a Nevada general paorporatio ofthe hesuccessorscasef Florida (the ("Centex"). ' d assigns CITALS: WHEREAS, Centex is the fee title owner of that certain real property described in Exhi "A" attached hereto, situate in the City of Tamarac, Broward County, Florida (the "Property,,); bit P rty ), and WHEREAS, TICON, Inc., a Florida corporation, executed and recorded that certain Restrictive Covenant dated July 25, 1984, and recorded at 0. R. Book 11960, Page 93 Records of Broward County, Florida ("Covenant"), purporting to impose certain restrictions Public use of the Property,' and o s on the WHEREAS, the Covenant, by its express terns, was imposed on the propert "as inducement to and in consideration of the City of Tamarac, Florida,an darezoning" the Property; and WHEREAS, development of the Property in accordance with the Covenant and existing zoning pattern an the Property would result in a g � y fractured and undesirable development scheme; and WHEREAS, Centex proposes to develop the Property for up to 536 residential units as Permitted by the City's Land Use Plan, in accordance with an overall development ' provide for a cohesive site design, which is preferred by the City (the "Centex r plan that will Project"); and WHEREAS, in order to facilitate this cohesive site design, Centex intends to execute an record in the Public Records of Broward County, Florida, following its acquisition of the Pra d an appropriate document that cancels, releases and terminates the Covenant; an WHEREAS, Centex has requested the City to join in and execute such cancellation ref and termination of the Covenant, and the City is agreeable to such request subject to the c ease stated herein; and conditions WHEREAS, Centex understands and agrees that, in order to construct Centex Project on the perty, Centex must file all appropriate applications and documents as required b Code of Ordinances and that each application shall be reviewed by the City as appropriate �e City's City's Code, rules and regulations, and that nothing in this Agreement shall be interpreted as p der the the City to grant or approve applications or to otherwise exercise its legislative or binding power in any particular manner; 6 quasi-judicial NOW, THEREFORE, in consideration of the mutual covenants and obligations created hereby 89 well as other good and valuable consideration, the City and Centex agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Re fCove ant. Within ten (10) business days following the City's receipt from Centex of an original copy of a Release of Covenant in substantially the form attached hereto as Exhibit "B" (the "Release of Covenant"), which has been executed by Centex, the City shall join in, execute and deliver the Release of Covenant to Escrow Agent (as hereinafter defined). Upon delivery of the Release of Covenant to Centex as provided in Paragraph 4A below, Centex may record the Release of Covenant in the Public Records of Broward County, Florida; and Centex shall pay all costs, including recording fees, related thereto. 3. k arcel. A. Within ten (10) days following the Effective Date, Centex shall execute and deliver to Escrow Agent a Special Warranty Deed in substantially the form attached hereto as Exhibit "C" (the "Deed"), conveying to the City fee simple title to that portion of the Property described therein (the "Park Parcel"), free and clear of all liens and encumbrances (other than as stated in the Deed). Centex shall simultaneously deliver to the City a copy of the Deed and a title insurance commitment issued by a title insurance company authorized to conduct business in the State of Florida agreeing to insure the City's title to the Park Parcel following recording of the Deed as provided herein. Upon delivery of the Deed to the City as provided in Paragraph 4A below, the City may record the Deed in the Public Records of Broward County, Florida; and Centex shall pay all costs, including recording fees and the title insurance premium, related to such conveyance. B. Centex also agrees that, subject to obtaining the Governrnental Approvals (as hereinafter defined), it shall, at its expense, obtain all necessary the following improvements to the Park Parcel (the "Park Parcel �m roveMmmenta�permits and perform demuck and backfill the Park Parcel with clean fill to a uniform minimum elevation of 11.0fe feet +/- .2 feet) N.G.V.D. not later than February 1, 2005, or within 160 days following issuance of all governmental permits relating to this activity; (ii) install a sari tary sewer lift (but not on the Park Parcel) with sufficient capacity to serve thePp k Parcell and Cent x Proon the ject, install stub -outs for potable water and sanitary sewer at the boundary of the Park Parcel which Lary sewer system serving the Centex Project, and reserve sufficient hydraulic capacity in the potable water and sanit ary sewer mains serving the Centex Project to serve the Park Parcel (provided Centex shall not be responsible for payment of any connection charges or plant capacity reservation fees for the Park Parcel); and (iii) install a culvert connection between the Park Parcel and the stormwatcr management system serving the Centex Project, and reserve sufficient capacity in such stormwater management system surface water drainage from the Park Parcel. Centex shall install the PkParcel Improrvements described in items (ii) and (iii) not later than August 1, 2005, or 180 days following completion of the Park Parcel Improvements described in item (i) above, but in no event later than the issuance of the first certificate of occupancy for the Centex Project. C. The City also agrees that the dedication of the Park Parcel to the City and the ID installation of the Park Parcel Improvements as described herein shall satisfy the City's park 2 dedication requirement for the proposed development of the Property for 536 residential units as set forth in Section 10.296 of the City Code. The value of the Park Parcel, for purposes of this Agreement, shall be based on the park dedication requirement for the Centex Project as set forth in Section 10-296. D. The City hereby grants permission and license to Centex to enter upon the Park Parcel following its conveyance to the City in order to perform the Park Parcel Improvements, The City and Centex also agree that, following completion of the Park Parcel Improvements and the infrastructure improvements serving the Centex Project, the City and Centex shall grant to each other non-exclusive, perpetual easements on, under, across and through their respective properties at the appropriate locations, which are necessary for the other parry's use of the water, sewer, and drainage improvements serving the Centex Project and the Park Parcel. Within sixty (60) days following execution of this Agreement by the City and Centex, the proposed form of such easements shall be prepared by Centex and submitted to the City for review and approval, such approval not to be unreasonably withheld or delayed. The descriptions of the easement locations shall be prepared by a licensed surveyor at the expense of Centex following the completion of the Park Parcel Improvements and the infrastructure improvements serving the Centex Project. E. The City agrees to cooperate with Centex in obtaining all required governmental permits to complete the Park Parcel Improvements, including joining in any and all applications and other documents necessary to obtain such permits in the event such joinder is required by the governmental agencies having jurisdiction, provided such cooperation shall be at no expense to City. If, during the construction of -the Centex Project and the installation of the Park Parcel Improvements by Centex, or the installation of other improvements on the Park Parcel by the City, the City or Centex cause a permit violation to occur which adversely affects the other party, then, following ten (10) days written notice to the offending party, during which 10-day period the permit violation is not cured, the non -offending party shall have the right to take all appropriate measures, including, but not limited to, entering upon the offending parry's property, to cure such permit violation. The costs of such cure incurred by the non -offending party shall be paid by the offending party within ten (10) days following receipt of an invoice for such costs from the non - offending party. 4. Escrow, A. The original, fully executed Deed and Release of Covenant shall be held in escrow (the "Escrow") by the Escrow Agent (as hereinafter defined). Upon the occurrence of the Escrow Termination Events (as hereinafter defined), the Escrow shall terminate and Escrow Agent shall deliver (i) the original, fully executed Deed to the City; and (ii) the original, fully executed Release of Covenant to Centex. Escrow Agent shall deliver the Deed and Release of Covenant as provided herein not sooner than three (3) business days, nor later than ten (10) business days following Escrow Agent's receipt of written notice from Centex, with a copy to the City, informing Escrow Agent that the Escrow Termination Events have occurred (the "Escrow Termination Notice"); provided, however, that, in the event Escrow Agent receives a written objection to termination of the Escrow from the City within five (5) business days following Escrow Agent's receipt of the Escrow Termination Notice, then the Escrow shall not be 3 terminated and Escrow Agent shall not deliver the Deed and Release of Covenant as stated herein until City and Centex jointly provide further written direction to the Escrow Agent or until directed otherwise by a court of competent jurisdiction. B. The Escrow shall be terminated upon the occurrence of all of the following events (the "Escrow Termination Events"): (1) Conveyance of fee simple title to the Property to Centex; (2) Final -approval by the City Commission of a (i) rezoning of the Property to R-3, or other zoning district requested by Centex; (ii) special exception allowing the construction of multiple buildings on the Property; and (iii) a site plan of the Property allowing the development of the Property for the number and type of residential units requested by Centex, provided that no more than 536 residential units may be constructed on the Property (the "Governmental Approvals"). The City and Centex agree that the residential density allocated to the Park Parcel by the City's Land Use Plan may be utilized by Centex for the Centex Project and that the Deed shall contain a restrictive covenant limiting the use of the Park Parcel for municipal facilities, recreational and/or park facilities, swimming facilities, and associated buildings (concession stands, restrooms, showers, etc.) and administrative offices. The City and Centex, further agree that no re -platting of the Property or subdivision approval is required by current governmental regulations in order to develop the Property or subdivide the Property into lots or condominium units. For purposes of this Paragraph 413, the Governmental Approvals shall be deemed final when all applicable appeal periods have expired without any appeal having been filed. C. The parties have agreed to appoint Holland & Knight LLP to act as Escrow Agent under the terms of this Agreement. In the event of any dispute between the parties as to the disposition of the Deed or Release of Covenant, Escrow Agent shall have the right to interplead the City and Centex and thereupon be freed from further liability to either or both parties. The non -prevailing party in such litigation shall pay reasonable expenses incurred by Escrow Agent in connection therewith. Except for its grossly negligent or willful acts, Escrow Agent shall be excused from all liability associated with its duties as Escrow Agent hereunder. City acknowledges that Escrow Agent has acted and is continuing to act as counsel to Centex in connection with the Centex Project and this Agreement and City has no objection thereto. 5. Applicatiol for Goy==L1 g Approvals. Centex agrees to file all appropriate applications to obtain the Governmental Approvals, at Centex's expense. City agrees to process the applications as expeditiously as possible, provided that Centex understands and agrees that nothing contained in this Agreement binds the City to grant any of the Governmental Approvals or to otherwise exercise its legislative or quasi-judicial power in any particular manner. 6. Quuration of AMment. This Agreement shall be cancelled and of no further force or effect in the event the Escrow Termination Events have not occurred on or before one hundred eighty (180) days following the date of this Agreement, unless such time period is extended by an amendment to this Agreement executed by the City and Centex. In the event this Agreement is cancelled pursuant to this Paragraph 6, Escrow Agent shall return the original, executed Deed to Centex and the original, executed Release of Covenant to City. 7. Notice. All notices, request, consents, instructions, and communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand -delivered by messenger or nationally recognized overnight courier service, transmitted with confirmed answer back by telex, telegraph or telecopier, or mailed (air mail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to each party at their respective addresses as set forth below or to such other addresses any party may designate by notice complying with the terms of this Paragraph 7. If to City: City Manager City of Tamarac 7525 N.W. 88'" Avenue Tamarac, FL 33321 Telephone No. (954) 724-1230 Fax No. (954) 724-1212 Copy to: City Attorney City of Tamarac 7525 N.W. 88s' Avenue Tamarac, FL 33321 Telephone No. (954) 724-1240 Fax No, (954) 724-1370 If to Centex: Centex Homes, Southeast Florida Division Attn: Michael J. Nisenbaum 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 Telephone No. (561) 536-1031 Fax No. (561) $36-1060 Copy to: Holland & Knight LLP Attn: Gerald L. Knight One East Broward Boulevard, Suite 1300 Fort Lauderdale, FL 33301 Telephone No. (954) 525-1000 Fax No. (954) 463-2030 Each such notice, request, or other communication shall be considered given and shall be deemed delivered (a) on the date delivered if by personal delivery or courier service; (b) on the date of transmission with confirmed answer back if by telex or telegraph or telecopier if transmitted before 5:00 p.m. on a business day, and on the next business day if transmitted after 5:00 p.m. or on a non - business day; or (c) on the date on which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 5 8. Persom B und. The benefits and obligations of this Agreement shall inure to and bind the respective successors, successors -in -title, and assigns of the parties hereto. 9. Miscellaneous. A. Countemarts PA_F_acsin-dikEpature5. This Agreement may be executed in any number of counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same agreement. The parties agree and intend that a signature by facsimile machine shall bind the -party so signing with the same effect as though the signature were an original. B. Gove w' V nue. This Agreement shall be governed by Florida law. No amendments to this Agreement shall be effective unless signed by both parties and in writing. Venue for any legal proceedings shall be in Broward County, Florida. C. Cotplete _Agreement. This Agreement evidences the complete understanding of the parties hereto as respects the matters addressed herein. No agreement or representation,. unless set forth in this Agreement, shall bind either of the parties hereto. D. Partial_ Invalidih►. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion of this Agreement shall be stricken from and construed for all purposed not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute the entire agreement. E. Construption of AgreerMgO . All parties hereto acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, all parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party hereto based upon authorship. F. Waiver of Breach, The failure of any parry hereto to enforce any provisions of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement, or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. G. Time. Time is of the essence of this Agreement. 10. $ecordation. This Agreement shall be recorded in the Public Records of Broward County, Florida, at Centex's expense. . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: • • crry CITY OF TA.MARAC Joe Schreiber Mayor Date: _ �fa?7�j ATTEST: By: �" `� 4 . `°�!�(�•ti• JetWey t. Miller City Manager Marion SwerKon, CMC City Clerk Date: 7 , 2003 7 Approved as Mitchell' S. NWI, City Attomey • sign 4�—• print STATE OF FLORIDA ) :ss.. COUNTY OF44 C_ ENTEX CENTEX HOMES, a Nevada general partnership, authorized to do business in Florida, By: Centex Real Estate Corporation, a Nevada corporation, Managing General Partner, authorized to do business in Florida. By: David Abrams Division President Date: v ZG o , 2003 The foregoing instrument was acknowledged before me this = day of �� Q,s+_, 2003, by David Abrams, as Division President of Centex ]teal Estate C'orpor� oii, Managinb General Partner of Centex Homes, a Nevada general partnership, on behalf of said corporation. He is personally known to me or has produced as identification an i not take an oath. NOTAR PUBLIC: sign d!�4 EWW ERjKA CHISON Print co► mISSirn ^ u� 0�3+52 XP14ES: Mulch "� State of Florida at Large (Sea)) My Commission Expires. ESCROW AGENT (for purposes of concurring with the provisions of Paragraph 4 only): sign print FTLt #624787 v6 0 8 ADDENDUM NO. 1 REQUEST FOR PROPOSALS STEP 2, DESIGN/BUILD OF THE TAMARAC AQUATIC CENTER BID NO. 04-12R DATE OF ADDENDUM: APRIL 19, 2004 PLEASE NOTE: 1, Relevant drawings titled, Hampton Hills, Preliminary Engineering Plan, C-5 of 8 and C-6 of 8 are attached for the Design/Build Aquatic Center. All other terms and conditions remain the same as of this date, • This addendum should be signed and returned with your Proposal submittal. NAME OF PROPOSER: _ Seawood Builders, a division of Catalfurno Construction LLC Edward V. Masi, CEO 11 w ' ADDENDUM NO. 2 REQUEST FOR PROPOSALS STEP 2, DESIGN/BUILD OF THE TAMARAC AQUATIC CENTER 131�]�L��>s1Fa:1 DATE OF ADDENDUM: APRIL 20, 2004 PLEASE NOTE: 1. The required submittal date has been changed from April 301h at 4:00 PM local time to May 21, 2004 at 4:00 PM. All Proposals must be received in the Tamarac Purchasing office, Room 108, Tamarac City Hall at 7525 NW 88rh Avenue, Tamarac, FL 33321, 2. Your proposal must take into consideration the eventual placement of the Phase II construction therefore the design of Phase II is part of the $2,000,000 budget referenced in the RFP. However, the $2,000,000 does not include the construction of Phase II items. Provide a separate cost for construction of the Phase II items listed on Page 23 of the RFP under Para. C. Alternate Construction. All other terms and conditions remain the some as of this date. This addendum should be signed and returned with your Proposal submittal. NAME OF PROPOSER: Se Wood Builders a division cf Calalfumo Construction - LLC Edward V. Masi, CEO • qv :7l . ADDENDUM NO. 3 REQUEST FOR PROPOSALS STEP 2, DESIGN/BUILD OF THE TAMARAC AQUATIC CENTER BID NO. 04-12R DATE OF ADDENDUM: APRIL 30, 2004 12t:r'X12,M*10 Additional information and/or clarifications. Preliminary Engineering Plan drawings, C-5 and C-6 had been previously provided for the adjacent Hampton Hills Development property It has been requested to provide the entire set. Replace previously provided C-5 & C-6 with the attached full set as these are the latest version, "These are only preliminary plans and are subject to future change. The attached documents relate to the NW 581h Street location for the project. Included for your review are the Description and Sketch titled Recreational Tract, Lyons Industrial Park and a boundary survey, In addition, we have included As -built drawings for the area, which may be helpful in determining existing utility locations. The City will waive the City permit fees. Fees as may be required by other agencies will be reimbursed at cost. The aquatic complex will be used at night and therefore will require night lighting. Entrance fees will be charged for the swimming complex only. The swimming complex only will require a ticket window, The City will attempt to provide results of the soil boring taken recently. As soon as available, we will attempt to provide prior to RFP submittal. Question; Will 5811, Street dead end into our site and only serve the City site? Page 2 Answer: Yes, 5811, Street will dead end into our site and only serve the City site. Centex owns.the balance of the site and is going to put townhouses on it. They will have their own access. All other terms and conditions remain the some as of this date. The RFP opening date remains the some as May 210, 2004 at 4:OOPM, local time. This addendum should be signed and returned with your Proposal submittal. NAME OF PROPOSER: Seaw000 Builders, a division of Catalfumo Construction, LLC Edward V. Masi, CEO • • ADDENDUM NO. 4 RFP 04-12R DESIGN/BUILD OF AQUATIC COMPLEX DATE OF ADDENDUM: May 10, 2004 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP 04-12R, Design/Build of Tamarac Aquatic Complex, Step 2. The developer provides a force main as the sanitary sewer connection on NW 581h Street. The Pump Station required to be provided by the contractor for this connection raises the questions will it be Public (Utilities Department) or Private (maintained by Parks Department)? All lift stations in the City of Tamarac are public and maintained by Utilities. 2. Is there parking lot lighting required? Yes, there is parking lot lighting required. Lighting shall be in accordance with City of Tamarac existing Building Codes. See httr)://www.tamarac.orqLdel2!Zatyhomelhtml, and select "Tamarac Code". 3. Is there pool surface lighting required for Phase I - lap pool and Phase 11 - play pool? Yes, we would like pool surface lighting for both Phase I and Phase II of the project to allow for nighttime use. 4. How would the City like to secure the site, since 58th Street is a dead end at the canal. Will there need to be a turnaround at the end of 581^ Street or will our fence need to be pulled back to allow a turnaround for vehicles either in our drive or through our parking lot? 581h Street will have a specific use coming off 94th as entrance into the park. Proposing vendors should make recommendation to provide the best avenue for securing the park. 5. There is no snack bar, do you want us to allow for a future one? Yes. The RFP opening date remains unchanged: May 21 st, 2004 at 4:00 PM local time. All other terms, conditions and specifications remain unchanged for Bid No. 04-12R. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Seaawood Builders a division of Cctolfumo Construction LLC By: Edward V. Masi CEO r • ADDENDUM NO. 5 RFP 04-12R DESIGN/BUILD OF AQUATIC COMPLEX DATE OF ADDENDUM: May 14, 2004 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP 04-12r, Design/Build of Tamarac Aquatic Complex, Step 2. 1. This RFP requires a Bid Bond in the amount of 5% of the Total Design/Build Cost at a time of proposal submission, The City's Bid Bond form is attached, The City's Payment & Performance Bond forms were previously provided in the Step 2 document, RFP 04- 12R. 2. A gravity sewer system will be available for tie-in as a result of the Centex ❑evelopment, A lift station will not be required as part of this project, C� J The RFP opening date remains unchanged: May 21 st, 2004 at 4:00 PM local time. All other terms, conditions and specifications remain unchanged or Bid No. 04-12R. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Seawood Builders a division of Catalfumo Construction LLC Edward V, Masi, CEO • w ADDENDUM NO. b RFP 04-12R DESIGN/BUILD OF AQUATIC COMPLEX DATE OF ADDENDUM: May 14, 2004 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP 04-12R, Design/Build of Tamarac Aquatic Complex, Step 2. As requested by one of the qualified proposers, we are providing a copy of the Centex Development Plan for Hampton Hills, Water & Sewer Plan, sheet 11 of 26. • The RFP opening date remains unchanged: May 21 It, 2004 at 4:00 PM local time. All other terms, conditions and specifications remain unchanged or Bid No. 04-12R. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Seawood Builders, o di_v_is_iQn gf Catalfumo Constna�.-tion ,_LLC Edward V. Masi, CEO 0 -3, ADDENDUM NO. 7 RFP 04-12R DESIGN/BUILD OF AQUATIC COMPLEX DATE OF ADDENDUM: May 14, 2004 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP 04-12R, Design/Build of Tamarac Aquatic Complex, Step 2. The required submittal date has changed. The revised submittal date is Friday, May 28, 2004 at 4:00 PM, local time for the RFP. Late proposals will not be considered. All other terms, conditions and specifications remain unchanged or Bid No, 04-12R. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Seawood Builders, a division of Caton= Construction LLC By: 4—C" L,--, �— 0 Edward V. Masi, CEO 0 Exhibit "A" W • • City of Tamarac Aquatic Complex City Requested Design Change Cost Proposal Phase I Original Bid $ 1,992,751.00 City Requested Changes: Add Fitness Center Baths to Poolhouse and incfrease counts $ 45,85 -.b-b- Change Roof to Barrel Tile vs. Metal $ _. .bat Dry Retention $ (4,50d.d0i Install Integral Bowl Vanities in lieu of wallhung lays $ 5,750.00 Add rear covered/connecting walkway $ 48,836.00 Change pool handicap ramp to 1:20 Learn to Swim Ramp $ 40,118.00 Revise parking lot and site per City letter $ (2,806.00) Add Fire Lane at NE Corner of Property $ 15,615.00 Delete East fire lane acess, north access to remain Total City Requested Changes Phase I Cost revised with City Requested Changes: $ $ $ (11,341.00) 137,523.00 2,130,274.00 Phase II Original. Bid $ 1,102,448.00 ---..._....... - City Requested Changes: Move Fitness Center Bathrooms to Pool House $ (38,766.00) Add Windows to South Side of Fitness Center $ m 6,200.00 Increase Concession Stand Size, Add MEP for City Equipment $ 15,270.00 Architectural Design Fee Increase _ _ $ 6,000.00 (redesign, concession stand design, shop drawing review, etc) Total City Requested Changes Phase II Cost revised with City Requested Changes: $ $ (12,296.00) 1,090,152.00 Phase I and II Revised $ 3,220,426.00 _ Less Concurrent Project Savings $ (140,000.00) _ Phase I and II Combined, done simaltaneously $ 3,080,426.00 Add Tornado Slide $ 176,256.00 Phase I & II Combined with tornado slide $ 3,256,682.00 11 /15/2004 Page: 1 of 1 Seawood Builders I:IegallOtheragmts/TamaradExhibitA-CityRequestedE)esignChg 11.02.04 Exhibit "S" • is a a� N.W, 94TH AVE. EAWOOD BUILDERS ew...� D to MWK FL =441_GM EAST ZML�MO BOULZVANO POOL COMPM