HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-118 MBR Construction Agmt for Citywide Buffer Wall VI ProjectTemp. Reso. 13809
09/28/2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 22-10B TO,
AND APPROVING AN AGREEMENT WITH, MBR
CONSTRUCTION, INC. FOR THE CONSTRUCTION OF
CITYWIDE BUFFER WALL PROJECT PHASE VI, IN
ACCORDANCE WITH BID NO. 22-10B FOR A CONTRACT
AMOUNT OF $1,499,483.46; A CONTINGENCY IN AN
AMOUNT OF $149,948.35 WILL BE ADDED TO THE
PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET
OF $1,649,431.81; AUTHORIZING EXPENDITURES FROM
THE APPROPRIATE ACCOUNTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City) empowers the City to adopt, amend or repeal such ordinances and resolutions as
may be required for the proper governing of the City; and
WHEREAS, as part of the recently completed Major Arterial Corridor Study it was
determined that the City will move forward with the Buffer Wall component of the Study,
which includes the design and construction of neighborhood buffer wall treatments for
various parts of the City; and
WHEREAS, the proposed Citywide Buffer Wall Project located at Prospect Road
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Westbound between NW 16th Avenue and NW 19th Way is part of this program ("Project"),
and
WHEREAS, the Project consists of approximately 1,630 linear feet of a Precast
System Buffer wall and 500 linear feet of Decorative Metal Panel Walls, together with
associated concrete and restoration work, and
WHEREAS, the City publicly advertised Bid No. 22-10B Citywide Buffer Wall
Project Phase VI on June 10th, 2022, incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, on July 21st, the City received two (2) proposal Project - a bid
tabulation is hereto attached as "Exhibit 1 "; and
WHEREAS, City staff determined that Anzco, Inc. bid was non -responsive for
failure to submit at least three (3) successful projects completed of similar size and scope
within the last three (3) years, as well as not providing the required precast wall
manufacturer information; and
WHEREAS, therefore, MBR Construction, Inc., is the lowest responsive and
responsible bidder; and upon review of its proposal and background check, City staff
determined that MBR Construction, Inc. possesses the skills, experience, and capacity to
meet the requirements for the construction of Project; and
WHEREAS, City staff analyzed the Project's costs, as proposed by MBR
Construction, Inc., and determined them to be consistent and competitive with similar
projects. Furthermore, MBR Construction, Inc. has been the successful bidder on
previous segments of buffer walls and have been performing satisfactorily on those
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projects.
WHEREAS, it is the recommendation of the Acting Public Services Director,
Financial Services Director, and Purchasing and Contracts Manager that the appropriate
City officials award Bid No. 22-10B and execute the Agreement with MBR Construction,
Inc. for the Project, attached as "Exhibit 2"; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the businesses, residents, and visitors of the City of Tamarac to award
Bid No. 22-10B and execute the Agreement for the Citywide Buffer Wall Project Phase VI
with MBR Construction, Inc. for a contract cost of $1,499,483.46 and a contingency in the
amount of $149,948.35, for a total project budget of $1,649,431.81.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1: The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
Section 2: Bid No. 22-10B is awarded to MBR Construction, Inc. as the top
ranked responsible and responsive bidder as set forth in the bid tabulation attached as
Exhibit "1 ".
Section 3. The Agreement attached as Exhibit "2" between the City and MBR
Construction, Inc., for the construction of the Project in the amount of $1,499,483.46 and
a contingency in the amount of $149,948.35, for a total Project budget of $1,649,431.81
is approved. The appropriate City officials are authorized to execute the Agreement and
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expend budgeted funds on behalf of the City.
Section 4: The City Manager or designee is authorized to initiate and approve
Change Orders in amounts not to exceed $65,000.00 per Section 6-147 of the City Code,
and close the contract award, which includes, but is not limited to making final payment
and releasing bonds per Section 6-149 of the City Code, when the Project has been
successfully completed within the terms, conditions, and pricing of the Agreement.
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.
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PASSED, ADOPTED AND APPROVED this l I- day of oc{v L.� 2022.
ATTEST:
. f
KIMBERLY D LLON, CMC
CITY CLERK
At;" �' �0� t
MICH LLE J. GOM
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ: ULJ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS r -�
DIST 4: COMM. PLACKO VVLA
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY.
Jq,HN HERIN, JR.
TY ATTORNEY
138279308.1
City of Tamarac
TAMARAC
The City For Your Life
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
and Contracts Division
MBR Construction, Inc. UR4
THIS AGREEMENT is made and entered into this �1day of� , 20::2,2 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, Inc. corporation with principal offices
located at 1020 NW 51 Street, Fort Lauderdale, Florida 33309 (the "Contractor") to provide for
construction services for the Citywide Buffer Wall Project Phase VI.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Bid Document No. 22-10B for "Citywide
Buffer Wall Project Phase VI", issued by the City of Tamarac on June 10, 2022 including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical
Specifications, all addenda, the Contractor's Bid response dated July 21, 2022, 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 Bid 22-10B for "Citywide Buffer
Wall Project Phase VI" as issued by City, and the contractor's bid response; Bid 22-10B for
"Citywide Buffer Wall Project Phase VI" 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
regulations now in effect, or hereinafter enacted during the term of this
22-10B Citywide Buffer Wall Project — Phase Vl
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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- $1 M/$2M
• 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
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
22-10B Citywide Buffer Wall Project — Phase VI
TAMARAC
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City of Tamarac Purchasing and Contracts Division
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 Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with
the final sum of said bonds reduced after final payment to an amount equal to twenty
five percent (25%) of the Contract price, or an additional bond shall be conditioned that
the 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 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
4.5 In addition, Broward County requires a Security that is separate and apart
from the Performance Bond required by the City of Tamarac. The Security
for Broward County is $185,000.00 which includes a $75,000.00
communications conduit/cable security requirement from the Traffic
Engineering Division. There is also a requirement for payment of a
security release fee.
Broward County may accept a performance bond in lieu of a cash security
or a Letter of Credit. The performance and payment bond shall name
Broward County as an Obligee and must be in a form acceptable to the
Office of the County Attorney. If the City's contractor chooses to explore
this option, they would need to submit their bond form to Broward
County's Attorney's Office for review before they and the Surety execute
and record the bond. The contractor may also elect to utilize Broward
County's standard performance and maintenance bond form.
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
Three Hundred and Thirty (330) 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 Three Hundred and Seventy Five (375) 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
22-10B Citywide Buffer Wall Project — Phase VI
TAMARAC
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Tamarac Purchasing and 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
C-WKSI I III" �_«1111KIIII]►il
The Contract Sum for the above work is a "not to exceed" total of One Million, Four Hundred
Ninety -Nine Thousand, Four Hundred Ninety -Three Dollars and Forty -Six Cents
($1,499,493.46).
7. PAYMENTS
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. 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 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. The
Contractor shall invoice the City and provide a written request to the City to commence the
one-year warranty period. All necessary Release of Liens and Affidavits shall be processed
before the warranty period. 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.
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. The City shall be the sole judge of non-conformance
and the quality of workmanship.
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.
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
4
22-10B Citywide Buffer Wall Project — Phase Vl
TAMARQC
The City For Your Life
City of Tamarac
and Contracts Division
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 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.
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) 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 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
Because of the importance of this project being finished on time, upon failure of the Contractor
to complete each individual requirement within the specified and mutually agreed upon time
frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of Five
Hundred Dollars ($500.00) for each calendar day after the time specified for substantial
completion and the project is sufficiently complete for its intended use in accordance with the
Contract Documents, void of any safety concerns. In the event of a delay in completion beyond
22-108 Citywide Buffer Wall Project — Phase VI
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City of Tamarac Purchasing and Contracts Division
the time frame set forth in the Contract Documents for Final Completion, after substantial
completion has been obtained, liquidated damages will be assessed against the Contractor in
the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00) for each calendar day
beyond the time frame set in the Contract Documents until such work is completed and
readiness for final payment. This amount is not a penalty but liquated damages to the City.
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 the City
because 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 the Contractor to complete
the Contract on time. City shall have the right to deduct from and retain out moneys which
may be due, or which may become due and payable to Contractor. The amount of such
liquidated damages and if the amount retained by City is insufficient to pay in full such
liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall also
be responsible for reimbursing City the total of all monies paid by the City to the engineer for
additional engineering, inspection and administrative services until the work is complete.
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 as defined by
the average of the last ten (10) years of weather data as recorded by the United States
Department of Commerce, National Oceanic and Atmospheric Administration at the Fort
Lauderdale Weather Station.
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
22-10B Citywide Buffer Wall Project — Phase VI
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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
Contractor warrants the work against defect for a period of one 1 year from the date of City
approval of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to affected area or to interior structure. The one (1) year warranty
period does not begin until approval of final payment for the entire project, and the subsequent
release of any Performance or Payment Bonds, which may be required by the original bid
document.
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
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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.
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 written 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
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 Street, Fort Lauderdale, Florida 33309
8
22-10B Citywide Buffer Wall Project — Phase Vl
T� QRAC�
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FIN/EIN: 65-0373938
Contract Licensee: CGC1512261
Contact: Michael R. Boss
Email: mboss(gDmbrconstruction.com
Phone: 954-486-8404
Fax: 954-486-8404
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.
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
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
22-10B Citywide Buffer Wall Project — Phase Vl
Tamarac
TAMARAC
The City For Your Life
beyond the reasonable control of the nonperforming party.
to fire, flood, earthquakes, storms, lightning, epidemic,
sabotage, and governmental actions, such as delays in
agencies, which are beyond the Contractor's control.
and Contracts Division
It includes, but is not limited
war, riot, civil disturbance,
permitting due to outside
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
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
10
22-10B Citywide Buffer Wall Project — Phase V1
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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 require each of its subcontractors to provide Contractor with an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with
11
22-108 Citywide Buffer Wall Project — Phase VI
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Tamarac
and Contracts Division
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
12
22-10B Citywide Buffer Wall Project— Phase VI
TAMARAC
The City For Your Life
City of Tamaroc 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 President / Owner duly authorized to execute same.
CITY OF TAMARAC
Michell J. Gomez, Mayor
2
Dat
ATTEST: , Kai leen Gunn, City Mana er
10
Kimberly Dill n, CMC Date
City Clerk
jolidw-L-L
Date
ATTEST:
MBR Construction. Inc.
Company Name
Signa Corporate Secretary P1016re ofeefe& ent / Owner
Type/Print Na e of Corporate Secy.
(CORPORATE SEAL)
Michael R. Boss
Name of President / Owner
Date
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22-108 Citywide Buffer Wall Project — Phase V1
Tamarac
TAMARAC
The City For Your Life
CORPORATE ACKNOWLEDGEMENT
STATE OF FtV tb1J-)A•
:SS
COUNTY OF efo f Ae% b
and Contracts Division
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 Michael R. Boss, President of
MBR Construction, Inc., a Florida Corporation, to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of )Sr, 20 ,V_
RPJ,,i
VIUiA C. RODRIGUEZ
Notary PublicState of Florida Commission N HH 296563
` My Comm, Expires Nov 29, 2026
onded through National Notary Asm.
14
22-10B Citywide Buffer Wall Project — Phase VI
M4,1,1., &A)"�
Signature of u is
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
UT",
Personally, known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
TR 13809 Exhibit 1
22-10B - CITYWIDE BUFFER WALL PROJECT - PHASE VI
ANZCO, INC.
MBR CONSTRUCTION
Line
Item
Description
Quantity
Unit of Measure
Unit Price
Total
Unit Price
Total
17
Indemnification
1
Lump Sum
$ 10.00
$ 10.00
$ 10.00
$ 10.00
1
Mobilization / Demobilization
1
Lump Sum
$ 61,000.00
$ 61,000.00
$ 74,970.00
$ 74,970.00
2
Maintenance of Traffic
1
Lump Sum
$ 15,000.00
$ 15,000.00
$ 91,924.00
$ 91,924.00
3
Record Drawings
1
Lump Sum
$ 17,750.00
$ 17,750.00
$ 7,200.00
$ 7,200.00
4
Erosion Control
1
Lump Sum
$ 7,500.00
$ 7,500.00
$ 2,551.00
$ 2,551.00
5
Site Preparation & Demolition
1
Lump Sum
$ 48,700.001
$ 48,700.00
$ 145,074.00
$ 145,074.00
6
Utilities, Pavement Mark &
Signage Relocation
1
Lump Sum
$ 31,970.00
$ 31 ,970.00
$ 33,360.00
$ 33,360.00
7
Pre -Cast Concrete Wall 6' High
970
Linear Feet
$ 423.00
$ 410,310.00
$ 472.21
$ 458,043.70
8
Pre -Cast Concrete Wall 8' High
660
Linear Feet
$ 545.00
$ 359,700.00
$ 595.27
$ 392,878.20
9
Decorative Metal Panel Wall
500
Linear Feet
$ 340.00
$ 170,000.00
$ 303.67
$ 151,835.00
10
Decorative Metal Swing Gate
1
Lump Sum
$ 18,700.00
$ 18,700.00
$ 14,725.00
$ 14,725.00
11
1 Concrete Curbs Type F
180
Linear Feet
$ 42.00
$ 7,560.00
$ 40.80
$ 7,344.00
12
Concrete Valley Gutter
100
Linear Feet
$ 55.00
$ 5,500.00
$ 40.80
$ 4,080.00
13
Concrete Sidewalk
1470
Square Yards
$ 66.00
$ 97,020.00
$ 53.03
$ 77,954.10
14
Concrete Sidewalk Removal
1050
Square Yards
$ 18.00
$ 18,900.00
$ 20.29
$ 21,304.50
15
Sod
11000
Square Feet
$ 0.60
$ 6,600.00
$ 1.44
$ 15,840.00
16
8ackfill Material
66
Cubic Yards
$ 100.00
$ 6,600.00
$ 6.06
$ 399.96
$
$
Subtotal:
$ 1,282,820.00
1 $ 1,499,493.46
Rhonda Kaplan
Senior Procurement Specialist
8/1/2022