HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-129Temp. Reso. 12841
11/9/2016
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-L?
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 16-
21B TO AND APPROVING AN AGREEMENT WITH MBR
CONSTRUCTION, INC. FOR THE CONSTRUCTION OF
CITYWIDE BUFFER WALL PROJECT PHASE IIA, IN
ACCORDANCE WITH BID NO. 16-21 B FOR A CONTRACT
AMOUNT OF $325,350.72; A CONTINGENCY IN AN
AMOUNT OF $32,535.07 WILL BE ADDED TO THE
PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET
OF $357,885.79; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION OF $12,135.79; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 Citywide Buffer Wall Project located on the north side of
Commercial Boulevard, between NW 50th Avenue and NW 49th Avenue is considered
Phase IIA of this program; and
WHEREAS, the Citywide Buffer Wall Project Phase IIA consists of approximately
880 Linear Feet of a precast system buffer wall, together with associated concrete and
restoration work, and
Temp. Reso. 12841
11 /9/2016
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WHEREAS, the construction element for Bid No. 16-21 B including, but not
limited to, concrete foundations, retaining walls, concrete columns and precast wall
panels, together with associated concrete work, restoration and sod installation; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 16-21 B Citywide
Buffer Wall Project Phase IIA on July 10th, 2016, incorporated herein by reference and
on file in the office of the City Clerk; and
WHEREAS, on August 17th, 2016, the City of Tamarac received two (2)
proposals for the Citywide Buffer Wall Project Phase IIA, a bid tabulation is hereto
attached as "Exhibit 1 "; and
WHEREAS, staff determined the lowest responsive and responsible bidder to be
MBR Construction, Inc.; and
WHEREAS, MBR Construction, Inc. possesses the required knowledge and
experience to construct Citywide Buffer Wall Project Phase IIA and has agreed to the
Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 16-
21 B; and
WHEREAS, it is the recommendation of the Public Services Director, Financial
Services Director, and Purchasing and Contracts Manager that the appropriate City
officials award Bid No. 16-21 B and execute the Agreement with MBR Construction, Inc.
for the Citywide Buffer Wall Project Phase IIA along the north side of Commercial
Boulevard between NW 50th Avenue and NW 49th Avenue as "Exhibit #2"; incorporated
herein and made a specific part of this Resolution; 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 Bid No.
Temp. Reso. 12841
11 /9/2016
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16-21 B and execute the agreement for the Citywide Buffer Wall Project Phase IIA with
MBR Construction, Inc. for a contract cost of $325,350.72 and a contingency in the
amount of $32,535.07, for a total project budget of $357,885.79.
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 of this Resolution.
SECTION 2: The City Commission HEREBY awards Bid No. 16-21 B to
MBR Construction, Inc. and approves an Agreement between the City of Tamarac and
MBR Construction, Inc. ("The Agreement") and the appropriate City officials are hereby
authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the
Citywide Buffer Wall Project Phase IIA.
SECTION 3: An expenditure for a contract cost of $325,350.72 and a
contingency in the amount of $32,535.07, for a total project budget of $357,885.79 for
said purpose is hereby approved.
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Temp. Reso. 12841
11 /9/2016
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SECTION 4: Funding for the Citywide Buffer Wall Project Phase IIA for a
contract cost of $325,350.72 and a contingency in the amount of $32,535.07, for a total
project budget of $357,885.79 is available in Project Number GP15G in the Corridor
Improvement Fund in the amount of $345,750.00; and will require an appropriation of
$12,135.79 and will be included in a budget amendment pursuant to F.S. 166.241(2).
SECTION 5: The City Manager or his designee is hereby authorized to
approve and initiate 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 work has been successfully completed within the terms, conditions and pricing of
the agreement.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 7: 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.
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Temp. Reso. 12841
11/9/2016
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SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED thisday of 2016.
ATTEST:
w - ■ ■ 'CITY CLERK
F
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA EL S. ORE
CITY ATTORNEY
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HA RY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
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City of Tamarac " Purchasing and Contracts Division
CITYWIDE BUFFER WALLS PHASE II A
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MBR CONSTRUCTION, INC. ^ay
THIS AGREEMENT is made and entered into this of 204 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.,
a Florida corporation with principal offices located at 1020 NW 51 st Street, Fort
Lauderdale, Florida 33309, (the "Contractor') to provide for all labor and materials to
construct Buffer Walls in Phase II A of the City of Tamarac Citywide Buffer Wall
Program generally located on the north side of Commercial Boulevard, between NW
50th Avenue and NW 49th Avenue, Tamarac, Florida.
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. 16-21 B—
Citywide Buffer Wall Installation — Phase II A, including all conditions therein, (General
Terms and Conditions, Special Conditions and/or Special Provisions), drawings,
Technical Specifications, all addenda, the Contractor's bid dated August 10, 2016
included herein, 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 No. 16-21 B as issued by the City, and the Contractor's Proposal, Bid No.
16-21 B as issued by City shall take precedence over the Contractor's Proposal.
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 for the construction of the Citywide Buffer
Walls Phase I IA Project, Bid No. 16-21 B. The project is generally
located on the north side of Commercial Boulevard, between NW
50th Avenue and NW 49th Avenue, Tamarac, Florida. The work
shall include, but not be limited to, site preparation, construction of
a new pre -cast concrete buffer wall system and associated work,
concrete work, restoration and sod installation. The Contractor
shall furnish all labor, materials, tools, and equipment necessary to
City of Tamarac
Purchasing and Contracts Division
complete this project, as indicated in the, Special Conditions,
Special Provisions, Project Design Plans, Technical Specifications,
and Bid No. 16-21 B Documents herein.
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 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 and Bonds
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. The following specific requirements apply to this Agreement:
City of Tamarac
Purchasing and Contracts Division
Insurance Requirements
Line of Business/ Coverage
Occurrence
I Aggregate
Limits
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
$1,000,000
$1,000,000
Products/Completed Operation
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile Liability
$1,000,000.00
1 $1,000,000.00
Workers' Compensation &
Statutory
Employer's Liability
3.3. Neither Bidder nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section
and have supplied the City with evidence of such coverage in the form of
an insurance certificate and endorsement. The Bidder will ensure that all
subcontractors will comply with the above guidelines and will maintain the
necessary coverage throughout the term of this Agreement.
3.4. All insurance carriers shall be rated at least A-VII per A.M. Best's Key
Rating Guide and be licensed to do business in Florida. Policies shall be
"Occurrence" form. Each carrier will give the City sixty (60) days notice
prior to cancellation.
3.5. The Bidder's liability insurance policies shall be endorsed to add the City
of Tamarac as an "additional insured". The Bidder's Worker's
Compensation carrier will provide a Waiver of Subrogation to the City. The
Bidder shall be responsible for the payment of all deductibles and self -
insured retentions.
3.6. 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.
3.7. Performance and Payment Bonds:
3.7.1 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
of Tamarac IPurchasing and Contracts Division
accordance with United States Department of Treasury Circular No.
570. The Contractor shall be required to provide acceptable,
separate Performance and Payment Bonds in the amount of One -
Hundred Percent (100%) of the bid award. 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 save harmless
the CITY to the extent of any and all payments in connection with the
carrying out of said contract which the CITY may be required to
make under the law. Payment and Performance Bonds must be
submitted on City forms, included herein.
3.7.2 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 Successful Bidder 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.
3.7.3 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida
Statutes, the Contractor shall ensure that the Bond or Bonds
referenced above shall be recorded in the Public records of Broward
County. Proof of recording must be submitted to the City prior to
issuance of a purchase order. One (1) set of originals is required.
4) Time of Commencement and Substantial Completion
4.1 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 150 days from issuance of City's Notice to
Proceed, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, completion shall mean
the issuance of final payment.
4.2 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
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City of Tamarac Purchasing and Contracts Division
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is Three Hundred Twenty -Five Thousand,
Three Hundred Fifty Dollars and Seventy -Two cents ($325,350.72) in accordance with
the unit price schedule included herein as Attachment A.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) 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 (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Remedies
7.1 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.
7.2 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.
7.3 Liquidated Damages: 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 Three -Hundred Dollars ($300.00) for each calendar day after the
time specified for completion and readiness for final payment. This amount is
not a penalty but liquated damages to the City. Liquidated damages are
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City of Tamarac " I Purchasing and Contracts Division
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 as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of 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.
8) Change Orders
8.1 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. All
Change Orders shall include overhead and profit, not to exceed five percent
(5%) and five percent (5%) respectively.
8.2 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.
8.3 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.
8.4 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.
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of Tamarac
Purchasing and Contracts Division
8.5 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.
8.6 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.
8.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change
order has not been issued, the City reserves the right at its sole option to
terminate the contract as it applies to these items in question and make such
arrangements as the City deems necessary to complete the work. The cost
of any work covered by a change order for an increase or decrease in the
contract price shall be determined by mutual acceptance of a Guaranteed
Maximum Price by the City and Contractor. If notice of any change in the
contract or contract time is required to be given to a surety by the provisions
of the bond, the giving of such notice shall be the Contractor's responsibility,
and the amount of each applicable bond 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.
9) 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 THE
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 no 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
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of Tamarac
Purchasing and Contracts Division
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.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted
by all suppliers, subcontractors, and/or Contractors who worked on the project that is
the subject of this Agreement. Payment of the invoice and acceptance of such payment
by the Contractor shall release City from all claims of liability by Contractor in
connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date 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.
12) Indemnification
12.1 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
of Tamarac I Purchasinq and Contracts Division
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.
12.2 The City and Consultant recognize that various provisions of this
Agreement, including but not limited to this Section, provide for
indemnification by the Consultant and requires a specific consideration be
given there for. The Parties therefore agree that the sum of Ten Dollars
and 00/100 ($10.00), receipt of which is hereby acknowledged, is the
specific consideration for such indemnities, and the providing of such
indemnities is deemed to be part of the specifications with respect to the
services to be provided by Consultant. Furthermore, the City and
Consultant understand and agree that the covenants and representations
relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the
Consultant's responsibility to indemnify.
12.3 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
13) Non -Discrimination & Equal Opportunity Employment
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, or
disability if qualified. 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. 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.
14) 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
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City of Tamarac Purchasing and Contracts Division
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.
15) 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.
16) 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:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
MBR Construction, Inc.
1020 NW 51 st Street
Fort Lauderdale, FL 33309
ATTN: Michael R. Boss, President
10
Citv of Tamarac
(954) 486-8404 Telephone
(954) 486-9579 Fax
mboss(D-mbrconstruction.com
17) Termination
Purchasing and Contracts Division
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by City to
the Contractor for such termination in which event the Contractor shall be
paid its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Contractor
abandons this Agreement or causes it to be terminated, Contractor shall
indemnify the city against loss pertaining to this termination.
17.2 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.
18) Public Records and Audits
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
18.1.1 Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform the service;
18.1.2 Upon request from the City's custodian of public records, 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 a cost
that does not exceed the cost provided in this chapter or as
otherwise provided by law.
18.1.3 Ensure that public records that are exempt or that are confidential
and exempt from public record requirements are not disclosed
except as authorized by law; and
18.1.4 Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of the Contractor, or keep and
maintain public records required by the City to perform the service.
If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for
11
of Tamarac
Purchasing and Contracts Division
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 tha
18.2 During the term of the contract, the Contractor shall maintain all books,
reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form
of all records and reports shall be subject to the approval of the City's
Auditor. The Contractor agrees to make available to the City's Auditor,
during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this contract.
19) 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.
20) 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.
21) 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.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
23) Uncontrollable Circumstances
23.1 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,
12
City of Tamarac Purchasing and Contracts Division
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
23.2 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.
24) 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.
25) 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.
26) PUBLIC RECORDS CUSTODIAN
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
13
City of Tamarac 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
duly authorized to execute same.
TY F TAMARAC
Harry D Vssler,Uayor
I/�/04
ablate ,f A _ _
ichael C. Cernech, City Manager
[ 1- 8-16
_ Date
City Clerk OF T,q
•�'
-}� '; Ap ro ed as to form nd legal sufficiency:
Date ��5 =
ec
r3 Ep ' QZ Cit: Attorney
.,��0� ...... �e,``�• Date
ATTEST: MBR CONSTRUCTIO"
Company Na
i
Signat f Corporate Secretary nat resident/Own
Wendy S. Cole
Corporate Secy.
(CORPORATE SEAL)
Michael R. Boss
President
Date
14
of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
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 - _ r., 20_'�
ASignature of Notary Public
+..State of Florida at Larae
YMev COIF.
TAWOWWW1 21, 2011
WW
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
[� DID take an oath, or
❑ DID NOT take an oath.
15
City of Tamarac Purchasing and Contracts Division
Attachment A
UNIT PRICE SCHEDULE OF VALUES
Commercial Blvd Buffer Wall Phase IIA (NW 50th Avenue to NW 49th Avenue)
ITEM
NO.
ITEM DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
COST
TOTAL
COST
1.
Mobilization /Demobilization
1
LS
$ 16,266
$ 16,266.00
2.
Maintenance Of Traffic
1
LS
$ 32,911.00
$ 32,911.00
3.
Record Drawings
1
LS
$ 6,370
$ 6,370
4.
Erosion Control
1
LS
$ 1,900
$ 1,900
5.
Site Preparation & Demolition
1
LS
$ 28,194
$ 28,194
6.
Pre -Cast Concrete Wall
880
LF
$ 260.93
$ 229,618.40
7.
4" Thick New Concrete Fill
162
SY
$ 30.58
$ 4,953.96
8.
Sod (St. Augustine)
3488
SF
$1.47
$ 5,127.36
9.
Consideration for Indemnification
1
LS
$10.00
$10.00
Total Bid
$325,350.72
T:7
INSTR # 114065374
Recorded 11/29/16 12:43:15 PM
Broward County Commission
Deputy Clerk 5010
#1, 9 Pages
This is the front page of the performance/payment bond issued in compliance with
Florida Statute Chapter 255.05
Surety Name: Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
678-417-3379
Bond Number: 016067372
Contractor Name: MBR Construction, Inc.
1020 NW 51 st Street
Ft. Lauderdale, FL 33309
954-486-8404
Owner Name: City of Tamarac
7525 NW 88th Ave.
Tamarac, FL 33321
954-597-3570
Project Number: Bid No. 16-21-B
Project Description: Citywide Buffer Walls - Phase II A
Project Address: Tamarac, Florida
Legal Description of Property: Citywide Buffer Walls - Phase II A
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
J
City of Tamarac Purchasing & Contracts Division
Bond No. 016067372
FORM PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, ***************
MBR Construction, Inc. , as Principal, hereinafter called
CONTRACTOR, and, Liledy Mutual Insurance Company as Surety, are
bound to Pp City of Tamarac, Florida,Tho„a s Obligee, hereinafter called OWNER, in the
amount of TM-ww riftyan.,7?.400 Dollars ($ 325,350.72 ) for the
payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project
No.: 16-21B awarded the day of , 2016, with OWNER for
Citywide Buffer Walls - Phase IIA which contract is
by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or
arising out of the acts, omissions or negligence of CONTRACTOR), expenses,
costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that OWNER sustains because of default by CONTRACTOR under
the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 713.01
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosecution of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force
and effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR
and who has not received payment for his labor, materials, or supplies
shall, within forty five (45) days after beginning to furnish labor, materials,
or supplies for the prosecution of the work, furnish to the CONTRACTOR
a notice that he intends to look to the Bond for protection.
2.2 A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the non-payment.
Page 1 of 3
City of Tamarac Purchasing & Contracts Division
2.3 Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this21stday of November , 2016.
WITNESSES
SEE ATTACHED POWER OF ATTORNEY
Secretary
(AFFIX SEAL)
IN THE PRESENCE OF:
MBR Construction, Inc.
Principal
Name and Title signed above
Liberty Mutual Insurance Company
Surety
Michael A. Holmes, Attorney -In -Fact
BY
Signature and Title
Michael A Holmes. Attorneyln-4act = 4
Type Name and Title signed, abdVe .µ X..
^ 3 r
INSURANCE COMPANY:
Brown & Brown of Florida,
r M M1.t�"ii
By Agent and Attorney-in-Fact-MichaleI A. Holmes
1401 Forum Way, 4th Floor
Address
West Palm Beach, FL 33401
City/State/Zip Code
561-686-2266
Telephone
Page 2 of 3
City of Tamarac Purchasing & Contracts Division
ACKNOWLEDGMENT
FORM PAYMENT BOND
State of
County of - �f
On this the c�- day of L.," , 20J1 , before me, the
undersigned Notary Public of the State of Florida, the foregoing instrument was
acknowledged by:i
of
(Name of Corpf� rate Officer) - (Title)
M � `.� fVc �y�— a �of-I' -"
(Name of Corporation) (State of Corporation)
corporation, on behalf of the corporation
WITNESS my hand and official seal.
NOTAR4 PUBLIC, STATE OF - J
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Stamp, o Type as Commissioned)
WENOY COLE
Notary Public - sate of Florida ersonally known to me, or
.y Commission #t FF 119689
S1• •q��n�..•' My Comm. Expires Aug 28, 2018 O Produced identification:
(Type of Identification Produced)
DID take an oath, or O DID NOT take an oath
CERTIFICATE AS TO PRINCIPAL
`` certify that I am the Secretary of he Corporation
fjl , rY p
named as Principal in the foregoing Payment Bond; that D
who signed the Bond on behalf of the Principal, was then Ere 1 '
of said Corporation; that I know his/her signature; and his/her signature thereto is
genuine; and that said Bond was duly signed, se I -2# ye t� tof said
urlCorporation by authority of its governing body. 1020 R� w` � REET
FORT LAB :' �; FL 3330C
..f
i " 954-486 84 �t .. b4-486-9579
(AFFIX SL) -
.yY (Name of Corporation)
,� , Page 3 of 3
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of -Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7350258
American Fire and Casualty Company liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Deborah Dickson; Gerald J. Arch; James F. Murphy; Michael A. Holmes
all of the city of WEST PALM BC H state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act andr deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 29th day of April 2016
n CAS Av INs{, t vs ,z N tr su4. American Fire and Casualty Company
�J�tx9,� The Ohio Casualty Insurance Company
r Liberty Mutual Insurance Company
a 1906 0 0 1919 r 1912 1991 r
x x West merican Insurance Company
t-
# t * * By.
STATE OF PENNSYLVANtA ss David M. Care , Assistant Secretary
COUNTY OF MONTGOMERY
dtm Onthis 29th day of April , 2016before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v
v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
N 6.
> IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
l0 9N PAS. COMMONWEALTH OF PENNSYLVANIA ONW < Notarial Seal
7
� •� i,� uo ry �• Teresa Pastella, Notary Public By:
C ` or Plymouth Twp , Montgomery County Teresa Pastella, Notary Public d
My Commission Expires March 28, 2017 3
rO y Member, Pennsylvania Association of Notaries 0
C p This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofArnerican Fire and Casualty Company, The Ohio Casualty Insurance .N
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ram."
M ARTICLE N— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O
t# to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
d .= acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective =p
E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
C td executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under >
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
R C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E
> and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalfofthe Company to make, execute,
O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so C
0
executed such instruments shall be as binding as if signed by the president and attested by the secretary. p
Certificate of Designation The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds; recognizances and other surety .
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of anyr power of attorney issued by the Company in connection with surety bonds, shall be validrandbinding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty insurance Company; Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked. Owam6vr
IN TESTIMONY WHEREOF, I have hereuntp set my haridand affixed the seals of said Companies th' day of , 20 I XJ
Qh1t3 C4.5'{J �YY IN.S{,r .,` A �. �q.�1135ttggn yy
4. oar;rrcgr^k JP oY.�raru R ,�J�cyp wq ��. '/1 C. �tr.3'Cxyr C`
1906 R 0 1919" n 1,912 1991 By:
y x Gregory W. Davenport, Assistant Secretary
....,, ate,. •. .o _., ..: � _.
.'
81 of 100
LMS 12873 122013 ,
City of Tamarac Purchasing & Contracts Division
Bond No. 016067372
FORM PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirement of Florida Statute 255.05, we, ****************
MBR Construction, Inc. , as Principal, hereinafter called
CONTRACTOR, and, Liberty Mutual Insurance Company
as Surety, are bound to MbegUAli MW-96QUg&Ias Obligee, hereinafter called
OWNER, in the amount of Three Hundred Fifty and 72/1on Dollars, ($325,350.72 )
for the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project
No.: 16-21B awarded the day of , 2016, with OWNER for
Citywide Buffer Walls - Phase IIA
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Fully performs the Contract between the CONTRACTOR and the OWNER dated
November 9 , 2016, for the Citywide Buffer Walls - Phase IIA
within calendar days after the date of contract
commencement as specified in the Notice to Proceed and in the manner
prescribed in the Contract; and
2. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay caused by or arising out of the acts, omissions or
negligence of CONTRACTOR), expenses, costs and attorney's fees and costs,
including attorney's fees incurred in appellate proceedings, that OWNER
sustains because of default by CONTRACTOR under the Contract; and
3. Upon notification by the OWNER, corrects any and all defective or faulty work or
materials, which appear within one (1) year after final acceptance of the work.
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void, otherwise it remains in
full force.
Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under
the Contract, the OWNER having performed OWNER'S obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1 Complete the Contract in accordance with its terms and conditions; or
Page 1 of 4
City of Tamarac Purchasing & Contracts Division
4.2 Obtain a bid or bids for completing the Contract in accordance with its
terms and conditions, and upon determination by Surety of the best,
lowest, qualified, responsible and responsive Bidder, or, if the OWNER
elects, upon determination by the OWNER and Surety jointly of the best,
lowest, qualified, responsible and responsive Bidder, arrange for a
contract between such Bidder and OWNER, and make available as work
progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance
of the Contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the Contract
price," as used in this paragraph, shall mean the total amount payable by
OWNER to CONTRACTOR under the Contract and any amendments
thereto, less the amount properly paid by OWNER to CONTRACTOR.
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the OWNER named herein and those persons or corporations
provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators
or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect Surety's obligation under this Bond.
Signed and sealed this 21stay of November , 2016.
MBR Construction, Inc.
Principal
By a .
Type Name
Title signed above
Liberty Mutual Insurance Company
Surety
SEE ATTACHED POWER OF ATTORNEY
Michael A. Holmes, Attorney -In -Fact
Secretary
By
�
(AFF!CkSEALj�
Sig nature and Title
�'
r . 1`31 � c, �
Michael A. Holmes, Attorney -in -Fact
y
Type Name and Title signed above
Page 2 of 4
City of Tamarac Purchasing & Contracts Division
IN THE PRESENCE OF:
State of p i, c�
County of���'
INSURANCE COMPANY:
Brown & BrowaoffliFlorida, Inc7>< hs�—� —
By Agent and Attorney -in -Fact -Michael A. Holmes
1401 Forum Way,, 4th Floor
Address
West Palm Beach, FL 33401
City/State/Zip Code
561-686-2266
Telephone
ACKNOWLEDGMENT
FORM PERFORMANCE BOND
On this the I I day of _-, 20k, , before me, the undersigned Notary Public
of the State of Florida, the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBQIC
SEAL OF OFFI
o;
rY(7) j t of
(Title)
C10Y
(State of Corporation)
NOTA
ATE OF `
WENDY COLE (Name of Notary Public: Print,
Notary Public - state of Florida Stamp, or Type as Commissioned)
Commission M FF 119689
My Comm. Expires Aug 28, 2018
Personally known to me, or
Cl Produced identification:
(Type of Identification Produced)
DID take an oath, or ❑ DID NOT take an oath
Page 3 of 4
City of Tamarac Purchasing & Contracts Division
CERTIFICATE AS TO PRINCIPAL
certify that I am the Secretary qj-thA Corporation
named as Principal in the foregoing Performance Bond; that
who signed the Bond on behalf of the Principal, was then
of said Corporation; that I know his/her signature; and his/her signature thereto is
genuine; and that said Bond was duly signed, sealed and attested to on behalf of said
Page 4 of 4
' MBRCO-2 OP ID^FI
CERTIFICATE OF LIABILITY INSURANCE r
ATE(MM/DD08/01 /2016/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TE BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
_"RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
1ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Andrew Noye, CIC, CRIS
Brown &Brown of Florida, Inc. PHONE
1201 W Cypress Creek Rd # 130 C No,
o EXt :954-776-2222 FAAic, No ; 954-776-4446
P.O. Box 5727 E-MAIL
Ft. Lauderdale, FL 33310-5727 ADDRESS:
Andrew Noye, CIC, CRIS INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Gemini Insurance Co.+ 10833
Attn:INSURED MBR Construction, Inc. INSURER B : North River Insurance Company+ 21105
1020 Ron /Mike Boss INSURER C : Bridgefield Employers Ins. Co+ 10701
1020 NW 51 Street
Ft. Lauderdale, FL 33309 INSURER D : Houston Casualty Company+ 42374
INSURER E :
INSURER F
COVERAGES CFCTICI!`ATC �„
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED
KC V ISIUN NUMt31ILK:
TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
INSR
ADDL SUBR POLICY EFF
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY
POLICY EXP
MM/DD/YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE a OCCUR VGGPOO1929
EACH OCCURRENCE $
10
11000,000
02/22/2016
02/22/2017 PREMAGE
ISES Fa occurrence) $
100,000
MED EXP (Any one person) $
5,000
PERSONAL & ADV INJURY $
1,000,000
GEN'POLICY GATE LIMIT APPLIES PER:
POLICY a PRO- ❑
LOC
GENERAL AGGREGATE $
2,000,000
JECT
PRODUCTS - COMP/OP AGG $
2,000,000
OTHER:
imp Ben. $
1 000,000
j UTOMOBILE
1
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
Ea accident
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS AUTOS
HIREDAUTOS NON -OWNED
AUTOS
PROPERTYDANIAGE
$
Per accident
X
UMBRELLA LIAB
X
OCCUR
B
EXCESS LIAB
EACH OCCURRENCE
$
6,000,000
AGGREGATE
$
12,000,000
CLAIMS -MADE
5821047297
02/22/2016
02/22/2017
DED I X I RETENTION $ 0
WORKERS COMPENSATION
PER OTH-
C
AND EMPLOYERS' LIABILITY
Y / N
STATUTE ER
E.L. EACH ACCIDENT
$
1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
N / A
83051338
08/05/2016
08/05/2017
(Mandatory in NH)
If yes, describe under
E.L. DISEASE - EA EMPLOYEEI
$
1,000,000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $
1,000,00
D
Professional
HCC1664562
02/22/2016
02/22/2017
Per Claim
1,000,000
Liability
Aggregate
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more
space is required)
r`CDTI CIr"ATC u�, nrn
MI IVIY
TAMACTY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE -
City of Tamarac THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
( Building Department ACCORDANCE WITH THE POLICY PROVISIONS.
6011 Nob Hill Road 1st Fir
Tamarac, FL 33321-6200 AUTHORIZED REPRESENTATIVE
v "lauu-21J14 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD