HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-127Temp. Reso. # 13694 - Page 1
10/27/21
• CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP #20-
15R AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH MBR
CONSTRUCTION, INC., FOR THE DESIGN/BUILD OF
THE CAPORELLA PARK ENHANCEMENTS PROJECT
FOR AN AMOUNT NOT TO EXCEED $4,438,830.94; A
CONTINGENCY AMOUNT OF $443,883.09 WILL BE
ADDED TO THE PROJECT FOR A TOTAL PROJECT
BUDGET OF $4,882,714.03; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents andvisitors
a higher level of service by enhancing and improving its outdoor recreation facilities
• and environment; and
WHEREAS Caporella Park is located at 5200 Prospect Road, Tamarac,
Florida; and
WHEREAS, the City published Request for Proposals RFP #20-15R for the
design/build of the Caporella Park Enhancements Project on June 28, 2020; and
WHEREAS, Request for Proposals RFP #20-15R (Steps 1 & 2), are
incorporated by reference and available in the Office of the City Clerk; and
WHEREAS, the City initially received eight (8) responses, which were short-
listed to three firms including DiPompeo Construction Corporation, MBR
Construction, Inc., and Recreational Design and Construction, Inc.; and
Temp. Reso. # 13694 - Page 2
10/27/21
WHEREAS, the above -mentioned firms were requested to make formal •
presentations to the RFP Selection and Evaluation Committee consisting of
Director of Parks and Recreation, Assistant Director of Parks and Recreation,
Assistant Director of Public Services, Project Manager, Director of Financial
Services, and Senior Procurement Specialist; and
and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1";
WHEREAS, the RFP Selection and Evaluation Committee determined that
the proposal response submitted by MBR Construction, Inc., incorporated by
reference and available in the Office of the City Clerk, was best able to meet the
needs of the City; and
WHEREAS, the City of Tamarac has negotiated a contract with MBR •
Construction, Inc., for their services based on their proposal at a cost not to exceed
$4,438,830.94 (attached hereto as Exhibit 2n); and
WHEREAS, a contingency allowance in the amount of $443,883.09 is added
to this project to be used only on an as needed basis. The City Manager, or her
designee, shall be authorized to make changes, issue Change Orders pursuant to
Section 6-1470) of the City Code, and close the contract award including, but not
limited to, making final payment and release of bonds when the work has been
successfully completed within the terms and conditions of the contract and within
the price, and
WHEREAS, it is the recommendation of the Director of Public Services, the
Director of Parks and Recreation, and the Purchasing and Contracts Manager that 0
Temp. Reso. # 13694 - Page 3
10/27/21
• the contract for the design/build of the Caporella Park Enhancements Project be
awarded to MBR Construction, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award the contract for the design/build of the Caporella Park Enhancements
Project, at a cost not to exceed $4,438,830.94 to MBR Construction, Inc., and a
contingency in the amount of $443,883.09, for a total project budget of
$4,882,714.03
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
• confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
SECTION 2: The City Commission hereby awards RFP No. #20-15R to and
approves an Agreement between the City of Tamarac and MBR Construction, Inc.,
for the design/build of the Caporella Park Enhancements Project ("the Agreement")
and the appropriate City Officials are hereby authorized to execute the Agreement
in the amount of $4,438,830.94 and authorize a contingency allowance of
$443,883.09 subject to 6-1470) of the City Code.
0
Temp. Reso. # 13694 - Page 4
10/27/21
SECTION 3: An expenditure of $4,438,830.94, and a contingency in the •
amount of $443,883.09 for a total project budget of $4,882,714.03 is hereby
approved.
SECTION 4: That all necessary budget transfers are hereby approved.
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 day of ,j +vbz 2021.
ATTEST:
JENEP._ NSON, CMC
CITY CLERK
' MICHELLE J. bbMEz
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ g
DIST 1: COMM. BOLTON 1Aj o
DIST 2: COMM. GELIN YLO
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO Za
I HEREBY CERTIFY that I have
approved this ,RESOLUTION as to form. •
i I
OHS R. HE"'
CITY ATTORN EY
Temp.Reso#13694
Exhibit 1
is
•
Proposer's Name: Di Pompeo Construction MBR Construction, Inc. Recreational Design &
Corp. Construction, Inc.
(Compliant/Non-Compliant)
I Compliant
I Compliant I
Compliant
History of successful execution of work and delivery of project objectives on local municipal work: (Max 25 points)
Assistant Director of Parks & Recreation
24
24
23
Project Manager
15
23
20
Assistant Director of Public Services
24
24
23
Director of Parks and Recreation
24
24
23
Director of Financial Services
22
24
20
Availabiltiy of proposed resources and equipment to met project objectives: (Max 20 points)
Assistant Director of Parks & Recreation
19
17
16
Project Manager
20
20
20
Assistant Director of Public Services
18
19
17
Director of Parks and Recreation
19
19
19
Director of Financial Services
18
20
15
Knowledge of and approach to the proposed work (Max 25 points)
Assistant Director of Parks & Recreation
23
20
17
Project Manager
22
25
22
Assistant Director of Public Services
18
20
15
Director of Parks and Recreation
25
23
23
Director of Financial Services
24
23
20
Teamwork History (Max 20 Points)
Assistant Director of Parks & Recreation
18
20
17
Project Manager
20
20
20
Assistant Director of Public Services
18
18
17
Director of Parks and Recreation
20
19.5
20
Director of Financial Services
17
20
17
1 Status as a certified minoritv business enterprise (Max 5 points)
Assistant Director of Parks & Recreation
2.5
2.5
0
Project Manager
2.5
2.5
0
Assistant Director of Public Services
2.5
2.5
0
Director of Parks and Recreation
2.5
2.5
0
Director of Financial Services
2.5
2.5
0
1 Local Preterence Consideration (t3onus Max 5 Points)
Assistant Director of Parks & Recreation
0
0
0
Project Manager
0
0
0
Assistant Director of Public Services
0
0
0
Director of Parks and Recreation
0
0
0
Director of Financial Services
0
0
0
1 Proiect Cost
Assistant Director of Parks & Recreation
22.51
25
22.96
Project Manager
22.51
25
22.96
Assistant Director of Public Services
22.51
25
22.96
Director of Parks and Recreation
22.51
25
22.96
Director of Financial Services
22.51
25
22.96
1 TOTAL POINTS
Assistant Director of Parks & Recreation
109.01
108.5
95.96
Project Manager
102.01
115.5
104.96
Assistant Director of Public Services
103.01
108.5
94.96
Director of Parks and Recreation
113.01
113
107.96
Director of Financial Services
106.01
114.5
94.96
TOTAL POINTS:
533.05
560
498.8
TOTAL RANKING
Assistant Director of Parks & Recreation
1
2
3
Project Manager
3
1
2
Assistant Director of Public Services
2
1
3
Director of Parks and Recreation
1
2
3
Director of Financial Services
2
1
3
Proposal Rankina
2
1
3
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MBR Construction, Inc.
THIS AGREEMENT is made and entered into this day of b,41Li 2021 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 MBR Construction, Incorporated with principal offices located
at 1020 NW 51st. Street, Fort Lauderdale, Florida 33309 (the "Contractor") to provide for
construction services to Design / Build of Caporella Park Enhancements Project.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, RFP Document No. 20-15R for "Design /
Build of Caporella Park Enhancements Project", issued by the City of Tamarac on July 23,
2020 (Step 1) and January 3, 2021 (Step 2) including all conditions therein, (General Terms
and Conditions, Special Conditions and/or Special Provisions, Instructions to Proposer's),
drawings and/or schematic plans, Technical Specifications, all addenda, the Contractor's
Proposal response dated August 27, 2020 (Step 1) and July 22, 2021 (Step 2), and amended
correspondence dated September 15, 2021 attached hereto as Exhibit 1, Exhibit 2 and Exhibit
3, and all modifications issued after execution of this Agreement. These contract documents
form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between RFP 20-15R for
"Design / Build of Caporella Park Enhancements Project" as issued by City, and the
contractor's proposal responses; RFP 20-15R for "Design / Build of Caporella Park
Enhancements Project" as issued by City shall take precedence over the contractor's bid
response. Furthermore, in the event of a conflict between this document and any other Contract
Documents, this Agreement shall prevail.
2. THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents
as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
complete the scope of work, as outlined in the contract documents including all
Addendums, Exhibits, Attachments and Appendices.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the beginning of work under this Agreement and prior to any schedule change
with the exception of changes caused by inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
20-15R — CAPORELLA PARK ENHANCEMENTS PROJECT
TA�MAAR�AC
City of Tamarac The Cif City For Yo Purchasing and Contracts Division
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all
other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with
the above guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance
retentions on Contractor's Liability Insurance policies. The following are required types
and minimum limits of insurance coverage, which the Bidder agrees to maintain during
the term of this contract:
• General Liability - $2M/$3M
• Automobile — $1 M/$1 M
• Workers Comp — Statutory
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a
current certificate of authority from the Secretary of Treasury of the United States as
an acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the bid award amount as
security for the faithful project performance and payment of all the Contractor's
obligations under the contract documents, per City Code Section 10-156. The
Performance Bond shall be conditioned that the Successful Bidder performs the
contract in the time and manner prescribed in the contract. The Payment Bond shall be
conditioned that the Successful Bidder promptly make payments to all persons who
supply the Successful Bidder in the prosecution of the work provided for in the contract
and shall provide that the surety shall pay the same in the amount not exceeding the
sum provided in such bonds, together with interest at the maximum rate allowed by law
and that they shall indemnify and hold 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
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
required to make under the law. Payment and Performance Bonds must be submitted
on City forms, included herein. At the completion and formal approval and acceptance
of all work associated with the project, a one-year warranty period will begin. If the
surety on any bond furnished by the Contractor is declared bankrupt or becomes
insolvent, or its right to do business is terminated in Florida, the Contractor shall, within
seven (7) days thereafter, substitute another bond meeting the requirements outlined
above, which must also be acceptable to the City.
4.3 A Warranty Bond shall be submitted to the City and come into effect one (1) year after
final payment becomes due except as otherwise provided by law or regulation or by the
Contract Documents with the final sum of the Warranty Bond, shall be equal to twenty
five percent (25%) of the total value of the Contract (including executed change orders),
conditioned that the Contractor correct any defective of faulty work or material which
appear within one (1) year after final completion of the Contract, upon notification by
CITY. The Warranty Bond shall cover all the cost of labor as well as materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor
shall ensure that the Performance and Payment Bond or Bonds referenced above
shall be recorded in the Public records of Broward County at the Bidder's
expense. Proof of recording must be submitted to the City prior to issuance of
any purchase order or payment by the City. One (1) set of original Performance
and Payment Bond documents is required to be provided to the City prior to the
issuance of any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed. The work shall be completed within
Five Hundred and Seventy (570) Calendar days for Final Completion from issuance
of City's Notice to Proceed, subject to any permitted extensions of time under the
Contract Documents. The work under this agreement shall be substantially complete
(i.e. Substantial Completion) within Five Hundred and Forty (540) calendar days from
issuance of City's Notice to Proceed.
5.2 During the pre -construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. In the event that
any delays in the pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force majeure or
are otherwise outside of the control of either party hereto, then the parties shall agree
on an equitable extension of the time for substantial completion hereunder in
accordance with the requirements of the Contract Document.
6. CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of Four Million Four Hundred
and Thirty Eight Thousand Eight Hundred and Thirty Dollars and Ninety Four Cents Dollars
(4,438,830.94).
7. PAYMENTS
Payment, upon City approval, will be made monthly for work that has been completed,
inspected and properly invoiced (Application for Payment). A retainage of five percent (5%) will
be deducted from each monthly payment through project completion, upon City review and
approval. Retainage monies will be released upon satisfactory completion and final inspection
20-15R - CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
of the specific work order. Invoices must bear the bid number, project name, project number,
and purchase order number. The City has up to twenty-five (25) business days to review,
approve and pay all invoices after receipt of an approved application for payment. The
Contractor shall invoice the City and provide a written request to the City to commence the
one-year warranty period following the completion of all work, inspections, certificates of
approvals, punch lists, etc., in accordance with the Contract Documents. All necessary Release
of Liens and Affidavits shall be processed before the warranty period. All payments shall be
governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement,
including City's right to withhold payment.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to
the City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. Correction of all deficiencies shall not relieve the
Contractor of its duties and obligations under this agreement, in meeting all project
requirements and objectives including but not limited to achieving project milestones
(Substantial and Final Completion) in accordance with the Contract Documents. The
City shall be the sole judge of non-conformance, the quality of workmanship, and any
impact it may have on the Project Schedule.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively (not cumulative).
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City, and executed by the City and Contractor. Once
the change order is so approved, the Contractor shall promptly proceed with the work.
9.3 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.
9.4 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 calendar 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
20-15R - CAPORELLA PARK ENHANCEMENTS PROJECT
TA.M,A/RAC
City of Tamarac The Ci' ;try For You~ Purchasing and Contracts Division
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.
9.5 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.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15)
calendar days after the occurrence of the event giving rise to the claim. Notice of the
extent of the claim shall be delivered with supporting data and stating the general nature
of the claim. Contractor hereby agrees to waive rights to recover any lost time or
incurred costs from delays unless Contractor has given the notice and the supporting
data required by this Paragraph.
9.7 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.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, 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 City deems necessary to complete the
work. The cost borne by the City to complete the work shall be levied against the
Contractor including applicable mark-up of ten (10%) for overhead and engineering
costs. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract time
is required to be given to a surety by the provisions of the bond, the giving of such
notice shall be the Contractor's responsibility, and the amount of each applicable bond
shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to
the City. Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
10. LIQUIDATED DAMAGES
Project Substantial completion shall be within Five Hundred and Forty (540) calendar
days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be
Five Hundred and Seventy (570) calendar days from date of City's Notice to Proceed. All
time limits stated in the Contract Documents are of the essence of the Agreement. The parties
acknowledge that damages arising from delay in meeting these time limits are difficult or
impossible to ascertain. Therefore, the parties hereby agree that in the event that the
Contractor fails to meet the time limits, as may be extended by the City in accordance with the
terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will
be assessed against Contractor in the amount of Six Hundred Dollars and Zero Cents
600.00 for each calendar day beyond the time frame set forth in the Contract Documents
for Substantial Completion until such work is completed. In the event of a delay in completion
beyond the time frame set forth in the Contract Documents for Final Completion, liquidated
damages will be assessed against the Contractor in the amount of Three Hundred Dollars and
Zero Cents ($300.00) for each calendar day beyond the time frame set in the Contract
Documents until such work is completed.
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of Tamarac Ciy Fo You Purchasing and Contracts Division
The
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by Contractor for hindrances or delays
due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of
the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not
reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control,
or by other causes which the City and Contractor agree may justify delay, then the Contract Time
shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of time shall be
granted for delays resulting from normal weather conditions prevailing in the area. An extension
of time will be considered for "Excusable Inclement Weather Delays" resulting in any weather
condition, the duration of which varies in excess of the average conditions expected, which is
unusual for the particular time and place where the Work is to be performed, or which could not
have been reasonably anticipated by the Contractor, as determined by the U.S. Weather Bureau
records for the preceding 3-year period. No extension of Contract Time will be allowed for any
inclement weather that could be reasonably have been predicted from such weather records.
Should the contractor prepare to begin work at the regular starting time at the beginning of any
regular work shift on any day on which excusable inclement weather, or the conditions resulting
from the weather, or the condition of the Work prevents work from beginning at the usual starting
time, and the crew is dismissed as a result thereof, the Contractor will not be charged for a working
day, whether or not conditions change thereafter during said day, and the major portion of the day
could be considered to be suitable for such construction operations. The Contractor shall base its
construction schedule upon the inclusion of the number of days of excusable inclement
weather. No extension of the Contract Time due to excusable inclement weather will be
considered until after the said number of days of excusable inclement weather has been reached.
However, no reduction in Contract Time would be made if said number of days of excusable
inclement weather is not reached.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
Contractor warrants the work against defect for a period of One 1 year from the date of City's
Final Acceptance of the project and approval of final payment. In the event that defect occurs
during this time, Contractor shall perform such steps as required to remedy the defects.
Contractor shall be responsible for any damages caused by defect to affected area or to interior
structure. The one (1) year warranty period does not begin until approval of final payment for
the entire project, and the subsequent release of any Performance or Payment Bonds, which
may be required by the original bid document.
14. INDEMNIFICATION
14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) in connection with loss of life, bodily
or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of the
City or its elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the termination
hereof.
14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time
to time
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, genetic information
or disability if qualified.
15.2 The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
15.3 The Contractor and its subcontractors shall agree to post in conspicuous places,
available to its employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
20-15R — CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of ur
Tamarac �ty� Purchasing and Contracts Division
For Life
----------------- ------------ - — ------------
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions
of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has made its
own investment in its business, and that it will utilize a high level of skill necessary to perform
the work. This Agreement shall not be construed as creating any joint employment relationship
between the Contractor and the City and the City will not be liable for any obligation incurred
by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
17. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
18. 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
Interim City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Fox Rothschild LLP
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Attn: John R. Herin, Jr.
CONTRACTOR
Name: MBR Construction, Inc.
Address:1020 NW 51 st. Street
FIN/EIN:65-0373938
Contract Licensee: Michael R. Boss
Contact: Michael Boss
Email: mboss@mbrconstruction.com
20-15R - CAPORELLA PARK ENHANCEMENTS PROJECT
TA..MAARAC
City of Tamarac The City You • L e Purchasing and Contracts Division
Phone: 954-486-8404
Fax: 754-732-7456
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify city against loss pertaining to this termination.
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
Written notice of cancellation of this agreement shall state the date upon which the
Contractor shall cease all Work under this Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
Stop all Work on the Project(s) on the date specified in the notice (the effective date);
Take such action as may be necessary for the protection and preservation of the City's
materials and property; Cancel all cancelable orders for materials and equipment;
Assign to the City and deliver to the site, or any other location specified by the City, any
non -cancelable orders for materials and equipment that can not otherwise be used
except for Work under the Contract and have been specifically fabricated for the sole
purpose of the Work and not incorporated in the Work; Take no action that shall
increase the amounts payable by the City under the Contract Documents and take
reasonable measures to mitigate the City's liability under the Contract Documents. All
charts, drawings, reports, as-builts and other documents, including electronic
documents, related to Work authorized under the Contract, whether finished or not,
must be turned over to the City. Failure to timely deliver the documentation shall cause
to withhold any payments due without recourse by the Contractor until all
documentation is delivered to the City.
20. 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.
21. 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.
22. 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.
23. 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 validity or enforceability of such
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT
TAMARAC
City of Tamarac The City For Your L Purchasing and Contracts Division
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 enforceability of that provision or of
the remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions, such as delays in permitting due to outside
agencies, which are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. 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.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
20-15R - CAPORELLA PARK ENHANCEMENTS PROJECT 10
TA..M,A.+RAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
28.2 Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was
made in error. If Contractor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
29. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service.
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
29.1.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the Agreement
and any renewals thereof if CONTRACTOR does not transfer the records to the
CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all public
records to the CITY upon completion of the Agreement, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the Agreement, CONTRACTOR
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the CITY, upon request from the CITY's
custodian of public records in a format that is compatible with the information
technology systems of the CITY.
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. E-VERIFY
As a condition precedent to entering into this Agreement, and in compliance with Section 448.095,
Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to
verify work authorization status of all employees hired after January 1, 2021. Contractor shall
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT 1 1
TA..M,A/RAC
City of Tamarac The Cit' y For Yo Purchasing and Contracts Division
require each of its subcontractors to provide Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the
records retention requirements of this Agreement. City, Contractor, or any
subcontractor/subconsultant who has a good faith belief that a person or entity with which it is
contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section
shall terminate the contract with the person or entity. City, upon good faith belief that a
subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied,
shall promptly notify Contractor and Contractor shall immediately terminate the contract with the
subcontractor. An agreement or contract terminated under the provisions of this section is not a
breach of contract and may not be considered such. Any agreement or contract termination under
the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Contractor acknowledges that upon termination of this Agreement by the City for a violation of this
section by Contractor, Contractor may not be awarded a public contract for at least one (1) year.
Contractor further acknowledges that Contractor is liable for any additional costs incurred by the
City as a result of termination of any contract for a violation of this section. Contractor or
subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the
subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in this section.
31. CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
20-15R- CAPORELLA PARK ENHANCEMENTS PROJECT 12
City of Tamarac
TAMARAC
The City For Your Life
Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its
duly authorized to execute same.
ATTEST,
Jenn er Johfson, CIVIC
C Clerk
Date
\0\ 11II111/1//
TAIy,��q
C�: •'O
ESTABLISHEDco
=:)3: 1963
' Ca ' SEAL
ATTEST. I1 1111 U1h 0\
Sign ur Corporate Secretary
14*7TAi-bU �MC60LL
Corporate Secy. (Printed Name)
q:� r (CORPORATE SEAL)
GApORELLA PARK ENHANCEMENTS PROJECT
CITY O TAMARAC
9 �I ,
Mic elle J. Gomez, Wyor
Dat
v
Ka leen Gunn, Interi anager
Date
Appl (I; d as to form and Iggal sufficiency:
/J rin, Jr., CI Att rney
CONTRACTOR
MBR Construction, Inc.
Compan me
nature 9wresirent
(Z�Uj �0ss
President (Printed Name)
(fib I 4
Date
13
City of Tamarac
TAMARAC
The City For Your Life
Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF :nvn hA
COUNTY OF gMIVA :SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County oresaid to take acknowledgments, personal) appeared
M IGPresident of
a Corporation, to me known to be the person(s) described in and who executed the o�g
instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of 4-06e, 202-C
V UVA gC)-RIC J-Z
Notary Public State of Florida
Commission GG 258607
9� Vj� m
My Comm. Expires Nov 28, 2022
9crdec' through National Notary Assn.
20-15R— CAPORELLA PARK ENHANCEMENTS PROJECT 14
/W��"� -
Sign
State of Florida at Large
Y /! /9 lam ,DI 6 Vt,—a
Print, Type or Stamp
Name of Notary Public
91 Personally, known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
TAMARAC
city 0fi Tamarac The City For Your Life ch x,-3'' o nd contro tsDivision
Exhibit 1
PROPOSAL FORM
(continued)
RFP 20-15R
DESIGN BUILD CAPORELLA PARK ENHANCEMENTS PROJECT
STEP 2
General Park Requirements BID NEGOTIATION
A
Design
$ 325,000.00
B
Construction
$ 3,455,000.00
C
Indemnification
$ 10.00
Sub Total
1 $ 3,780,010.00
Information Technology Requirements
A
Design
$ 50,000.00
B
Construction
$ 670,000.00
Sub Total
$ 720,000.00
Grand Total $ 4,500,010.00
NOTE:
$
325,000.00
$
3,553,820.94
$
10.00
$
3,878,830.94
$ 29,000.00
$ 531,000.00
$ 560,000.00
$ 4,438,830.94
Grand Total includes credit for Alternate (Remove the requirement for
Cell Maxcell Edge Innerduct (P/N MXE52224)
The City is requesting aggregate proposals for all requirements listed above;
however. we reserve the right to award by individual requirement or
requirements if it is in the best interest of the City.
REVISED 9/15/2021
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