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.
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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