Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-099Temp. Reso. No. 13999 September 13, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 -_q� I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CHANGE ORDER NO. 3 TO RFP BID NO. 20-15R, APPROVED BY CITY COMMISSION OF THE CITY OF TAMARAC VIA RESOLUTION NUMBER R-2021-127 ON OCTOBER 27, 2021 AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AUTHORIZE AND EXECUTE CHANGE ORDER #3 WITH MBR CONSTRUCTION, INC., TO PROVIDE PROJECT SCOPE MODIFICATIONS TO THE CAPORELLA PARK ENHANCEMENTS PROJECT IN ACCORDANCE WITH MBR CONSTRUCTION, INC.'S CONTRACT AGREEMENT FOR AN AMOUNT NOT TO EXCEED $139,840.00, AS AUTHORIZED BY RESOLUTION NO. R-2021-127; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID CHANGE ORDER, AUTHORIZING AN EXPENDITURE FROM APPROPRIATE ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac's request to revitalize Caporella Park's existing fishing pier with a more aesthetically pleasing, attractive design, would offer its residents an enhanced and visually appealing experience, that would be consistent with the park's overall design aesthetics; and WHEREAS, the proposed work would not only elevate user experience but will also allow for the refurbishment of existing conditions that is currently past its useful life with excessive rust stains on existing guardrails, floorboards and deteriorating wood structure (dry rot on wood stringers); and WHEREAS, the proposed scope change to MBR Construction Inc.'s contract agreement, would allow for the furnishing and installation of new composite decking, an Temp. Reso. No. 13999 September 13, 2023 Page 2 of 5 aluminum railing system and new sub -structure over existing pilings; and WHEREAS, via Resolution Number R-2021-127, dated October 27, 2021, the City Commission of the City of Tamarac awarded RFP Bid No. 20-15R and authorized the appropriate City officials to execute an agreement with MBR Construction, Inc., to provide design/build services of the Caporella Park Enhancements Project, at a cost not to exceed $4,438,830.94; a project contingency in the amount of $443,830.94, for a total project budget of $4,882,714.03, a copy of Resolution Number R-2021-127 is incorporated herein by reference and is on file in the City Clerk's Office; and WHEREAS, the City Manager administratively approved Change Order No. 1 for additional work as required for the progression of the project, copies of the approved Change Order No. 1 are included herein as "Exhibit 1"; and WHEREAS, City Commission approved Change Order No. 2 for City requested colored lights, copies of the approved Change Order No. 2 are included herein as "Exhibit 2"; and WHEREAS, the proposed scope modifications included in Change Order No. 3 were not part of the original RFP Bid, therefore the added scope of work will require a Change Order in the amount not to exceed $139,840.00. A copy of the proposed Change Order No. 3 is included herein as "Exhibit Y; and WHEREAS, the approved project, per Resolution R-2021-127, included a contingency in the amount of $443,883.09, of which $270,967.04 is unencumbered and available to fund the proposed scope changes; and WHEREAS, it is the recommendation of the Director of Public Services, Director of Parks and Recreation, and the Purchasing and Contracts Manager that proposed Temp. Reso. No. 13999 September 13, 2023 Page 3 of 5 Change Order No. 3 for MBR Construction, Inc., be approved by the City Commission and executed by the appropriate City Officials, for the Caporella Park Enhancements Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve Change Order No. 3 and authorize the appropriate City Officials to execute said Change Order with MBR Construction, Inc., to provide additional scope modifications services as listed herein, during construction of the Caporella Park Enhancements Project for a total amount not to exceed $139,840.00. 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. All exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission approves Change Order No. 3 and authorizes the appropriate City Officials to execute Change Order No. 3 with MBR Construction, Inc., to provide proposed scope modification services (refurbishment of existing fishing pier) during construction of the Caporella Park Enhancements Project, for an amount not to exceed $139,840.00, a copy of Change Order No. 3 is attached hereto as "Exhibit 3". SECTION 3: An expenditure not to exceed $139,840.00 is hereby approved and any necessary budget transfer or appropriation for said purpose is hereby Temp. Reso. No. 13999 September 13, 2023 Page 4 of 5 approved and will be included in a future Budget Amendment pursuant to F.S. 166.241(2). SECTION 4: The City Manager, or his designee, is hereby authorized to approve and initiate change orders not to exceed $65,000 per Section 6-147 of the City Code, and close the contract award including, but not limited to, making final payment within the terms and conditions of the contract and within the contracted price. 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. "The remainder of this page is left blank intentionally" Temp. Reso. No. 13999 September 13, 2023 Page 5 of 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this I3` day of 95-PF6A18ekz- 2023. ATTEST: BERLY IJJLLON, CMC CITY CLERK 3'a IQIICHELLE_ J. bdMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ 16-S. DIST 1: V/M COMM. BOLTON `1� DIST 2: COMM. WRIGHT, JR 1 DIST 1 COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. HANS'OTTINOT CITY ATTORNEY Temp. Reso. # 13694 - Page 1 10/27/21 0 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- J Z4 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 and visitors 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, WHEREAS, the City published Request for Proposals RFP #20-15R for the desigrubuild 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 0 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 M 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 m 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 III I POP IIIII $4,438,830.94 (attached hereto as 'Exhibit 2'); and ♦• •TIR 11,11r r- - • 11 • :: 1• .••-- 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 40 the contract for the design/build of the Caporella Park Enhancements Project be 9 P J 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. Temp. Reso. # 13694 - Page 4 10/27/21 SECTION 3: An expenditure of $4,438,830.94, and a contingency in the 0 amount of $443,883.09 for a total project budget of $4,882,714.03 is hereby 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. !!!J1!!!1JJ1« 1111111 H• - Mill I 1 0 — 7 • . I -*a MT, SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. 0 PASSED, ADOPTED AND APPROVED this day of,--r-tu�"2021, MICHELLE J. GOM tZ MAYOR ATTEST. JENWFEk-JOfINSON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM, BOLTON DIST 2: COMM. GELIN DIST 3- V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved phis RESOLUTION as to form, AWW"1016-1 X11WAVAIS * M04 TR 13999 EXHIBIT 1 TR 13977 EXHIBIT 1 CHANGE ORDER DATE OF ISSUANCE: February 13, 2023 OWNER: CITY OF TAMARAC Public Services Dept. 6011 Nob Hill Road, 2nd Floor Tamarac, FL 33321- 2401 CONSULTANT: MBR Construction, Inc. 1020 NW 5131 Street Ft. Lauderdale, FL 33309 CHANGE ORDER NO.: 001 PROJECT NAME: Caporella Park Enhancements Project P.O. No.: 250339 Project No.: PW20D IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE SCOPE OF WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS. DESCRIPTION: A. Provide the following scope change modifications to MBR Construction, Inc.'s contract in the amount not to exceed $23,331.00. Scope modification includes: MBR Construction, Inc., shall remove and relocate existing specimen, Strangler Fig (Ficus aurea) tree currently located near proposed splash pad area as required by Broward County. Proposed work shall include required root pruning services following County's Root Pruning Guidelines, relocation of existing specimen tree in accordance with sound arboricultural practices, watering in, post relocation irrigation and fertilization, temporary supports, tree protection barriers, etc., in accordance with the contract documents and Broward County Resilient Environmental Department requirements. The work shall also include all tools, equipment, labor and materials. The proposed work shall result in shared costs between the City and MBR, in the not -to - exceed amount of $23,331.00. B. In consideration of loss time due to permitting delays caused by Broward County (outside of City's purview), and project scope modifications as listed here -in, an extension of time for one 110 calendar days shall be granted to the MBR Construction, Inc, for the project. The project's Substantial Completion shall be adjusted from 540 calendar days to 650 calendar days from Notice to Proceed (NTP). Final Completion shall be adjusted from 570 calendar days to 680 calendar days from Notice to Proceed (NTP), for a revised date of October 10, 2023. PURPOSE OF CHANGE ORDER: The purpose of this change order is to document the contract scope modification listed here -in, regarding proposed tree relocation (Strangler Fig) on the project as requested by Broward County Resilient Environmental Department for the Caporella Park Enhancements Project. The work as described above, shall include all labor & materials as required to complete the work. Additionally, an extension of time shall be granted to the contractor due to added scope modifications & permitting delays caused by Broward County as noted above. The delays and added scope of work, will affect the progress of the work (as a whole), impacting the Critical path of the project schedule. Accordingly, an adjustment to the project's Substantial & Final Completion dates shall be granted as summarized above. CHANGE IN CONTRACT PRICE Original Contract Price $4,438,830.94 CHANGE IN CONTRACT TIME Original Contract Time (calendar days) 570 Days Previous Change Orders and/or Amendments I Net change from previous change orders $0.00 0 Days TR 13977 EXHIBIT 1 Contract Price prior to this Change Order Contract Time Prior to this Change Order $4,438,830.94 670 Days Net Increase of this Change Order not to exceed Net (Increase) of this Change Order $23,331.00 110 Days Contract Price with all approved Cha $4,462,161.94 RECOMMENDED BY �L yC K n Griffin, P.E.y hD Public Services Director -71 Dates a Orders I Contract Time with all approved Change Orders 680 Days PPR"Gunn,. APPROVED BY _ athleen oss City Manager MBR Construction, Inc. Date �/' /�� Date �%� TR 13999 EXHIBIT 2 TR 13977 EXHIBIT 1 CHANGE ORDER DATE OF ISSUANCE: June 26, 2023 OWNER: CITY OF TAMARAC Public Services Dept. 6011 Nob Hill Road, 2nd Floor Tamarac, FL 33321- 2401 CONSULTANT: MBR Construction, Inc. 1020 NW 51s' Street Ft. Lauderdale, FL 33309 CHANGE ORDER NO.: 002 PROJECT NAME: Caporella Park Enhancements Project P.O. No.: 250339 Project No.: PW20D IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE SCOPE OF WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS. DESCRIPTION: A. Provide project scope modifications to site lighting resulting from the City's request for a more vibrant, visual experience in the amount not to exceed $149,585.04. Scope modification includes: 1. MBR Construction, Inc., shall provide and install colored light fixtures on seventeen (17) pedestrian light poles and twelve (12) hi -hats in the restroom building soffit. Proposed work shall include separate feed for colored light fixtures, (i.e., conduits, wiring, terminations, etc.), new fixtures, control system, design, general conditions, all tools, equipment, and materials as necessary for a complete, functioning system to service the park. 2. Provide and install additional three-inch (3") conduit from electrical room to edge of lake as provisional measure for future lighting (fountains) to feed existing lake. PURPOSE OF CHANGE ORDER: The purpose of this change order is to document the contract scope modification listed here -in, regarding proposed colored lights at restroom soffits and pedestrian light poles as requested by the City for the Caporella Park Enhancements Project. The work as described above, shall include all labor, equipment & materials as required to complete the work. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time (calendar days) $4,438,830.94 570 Days Previous Change Orders and/or Amendments Net change from previous change orders $23,331.00 110 Days Contract Price prior to this Change Order Contract Time Prior to this Change Order $4,462,161.94 680 Days Net Increase of this Change Order not to exceed Net (Increase) of this Change Order $149,685.04 0 Days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $4,611,746.98 680 Days RECOMMENDED � John_EJDoherty, P.E.a Public Services Director APPROVED BY Levent Sucuoglu City Manager APPROVED BY M,ik B - MBR Construction, Inc. Date Date Date i7 260dZ CHANGE ORDER DATE OF ISSUANCE: August 16, 2023 OWNER: CITY OF TAMARAC Public Services Dept. 6011 Nob Hill Road, 2"d Floor Tamarac, FL 33321- 2401 CONSULTANT: MBR Construction, Inc. 1020 NW 6V Street Ft. Lauderdale, FL 33309 CHANGE ORDER NO.: 003 PROJECT NAME: Caporella Park Enhancements Project P.O. No.: 250339 Project No.: PW20D IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE SCOPE OF WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS. DESCRIPTION: A. Provide project scope modifications to refurbish existing Fishing Pier at Caporella Park resulting from the City's request for a revitalized, visual appealing pier in the amount not to exceed $139,840.00. Scope modification includes: MBR Construction, Inc., shall refurbish/renovate existing fishing pier at Caporella Park. Proposed work shall include furnishing and installing new composite decking (Trex or approved equal), new substructure materials (i.e., stringers, sub -stringers, fascia boards, etc., all pressure treated), all hardware & metal framing connectors, (galvanized and/or stainless steel), new aluminum railing system (top & bottom rails, pickets, line posts, etc.) with associated hardware & connectors, design, general conditions, permitting, all tools, equipment, and materials as necessary for a complete, functioning system to service the park. Existing pilings shall remain and be reframed as required for proposed improvements. Proposed aluminum railing system shall be powder coated with color selection options provided by MBR for City's review and approval. PURPOSE OF CHANGE ORDER: The purpose of this change order is to document the contract scope modification listed here -in, regarding proposed work to refurbish existing fishing pier at Caporella Park as requested by the City for the Caporella Park Enhancements Project. The work as described above, shall include all labor, equipment, materials, & permitting as required to complete the work. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time (calendar days) $4,438,830.94 570 Days Previous Change Orders and/or Amendments Net change from previous change orders $172,916.04 110 Days Contract Price prior to this Change Order Contract Time Prior to this Change Order $4,611,746.98 680 Days Net Increase of this Change Order not to exceed Net (Increase) of this Change Order $139,840.00 0 Days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $4,751,586.98 A680 Days RECOMMENDED BY 1� John E. DohertyP.E., Public Services Director Date 8/17/2023 AP ROVEQ 1 ^ APPROVED BY Le nt Sucuoglu Mi B City anager BR onstruction, Inc. Date Date 2116123