HomeMy WebLinkAboutCity of Tamarac Resolution R-97-036Temp. Reso. #7641 January 22, 1997 1
CITY OF TAMARAC
RESOLUTION NO. R-9736
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE AWARD OF BID
NO. 97-05 AND NO. 97-06 COMBINED ENTITLED MCNAB
ROAD 24 INCH WATER MAIN INCLUDING 6" FORCE MAIN
AND PINE ISLAND 16" WATER MAIN COMBINED TO MAN -
CON, INC. AT A COST OF $995,425; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
CONTRACT BETWEEN THE CITY OF TAMARAC AND MAN -
CON, INC.; PROVIDING FUNDING FROM THE
APPROPRIATE UTILITIES OPERATING AND CIAC
ACCOUNTS INCLUDING THE TRANSFER OF $34,000
FROM THE UTILITY OPERATIONAL FUND ENTITLED "24"
MCNAB WATER MAIN" TO THE UTILITY OPERATIONAL
FUND ENTITLED "PINE ISLAND WATER MAIN
REPLACEMENT; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Broward County Engineering Division is planning to widen sections of
McNab Road and Pine Island Road; and
WHEREAS, Broward County has advised that asbestos cement pipes (ACP) within
those sections of the roadways being widened are required to be replaced in accordance
with Broward County Road construction standards; and
WHEREAS, the City of Tamarac advertised Bid Number 97-05 and 97-06 combined
for the construction of a 24" and 16" Water Main and 6" Force Main (Utilities Project No.
97-24, 95-03 and 96-09) located on McNab Road between Nob Hill Road and Pine Island
Road (shown in map form as "Exhibit 1 "); and on Pine Island Road between N.W. 57
1
Temp. Reso. #7641 January 22, 1997 2
Street and Lagos De Camp Boulevard (shown in map form as "Exhibit 2"); and
WHEREAS, on January 9, 1997 the following bids were opened:
wgiii
Project:95^03 Pro�ecl
Bid: 97-05
1--Coastal Utilities, Inc.
$387,647.50
$891,243.00
$1,277,505.50
2--Foster Marine Contract
No Bid
$977,912.50
$1,324,081.75
3--InterCounty Engineering
No Bid
$874,301.00
No Bid
4--Infrastructure Engineering Services
$414,721.00
No Bid
No Bid
5--Lanzo Construction Company
$395,261,00
$921,051.00
$1,216,062.00
6--McCarol Partners, Inc.
$385,164.00
$1,103,093.00
$1,483,430.00
7--Man-con, Inc.
$312,694.00
$719.801.00
$995,425.00
8--Ocean Bay Construction
$499,415,00
$885,001.00
No Bid
9--Smith & Company
$359,681.00
$772,710,00
$1,131,681.00
10--Sullivan Brothers, Inc.
No Bid
No Bid
$1,219,192.00
11--Telcon, Inc.
$377,934.00
$1,055,258.00
$1,432,628.00
12--Gianetti Contracting
$330,436.00
$744,599.00
$1,073,760.00
;and
WHEREAS, Man -Con, Inc. had the lowest bid proposal at $995,425; and
WHEREAS, an amount of $34,000 is required to be transferred from the 24" McNab
Water Main account to fully fund the 16" Pine Island Water Main Replacement; and
Temp. Reso. #7641 January 22, 1997 3
WHEREAS, funds were approved and are available to fully fund the contract from
the following Accounts entitled: 24" McNab Water Main, Pine Island Water Main
Replacement and LS 25 Force Main Re-route; and
WHEREAS, the project will enable the City to provide additional fire flow and
domestic water capacity for residents on the western side of the City; and
WHEREAS, it is the recommendation of the Director of Utilities that the project be
fully funded and that Bid Numbers 97-05 and 97-06 (combined) be awarded to the lowest
responsive and responsible bidder, Man -Con, 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 approve the award,
execution and funding of Bid No. 97-05 and 97-06 combined for the construction of McNab
Road 24" Water Main including 6" Force Main and Pine Island 16" Water Main combined
to Man -Con, Inc. at a cost of $995,425.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
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.
Temp. Reso. #7641 January 22, 1997 4
SECTION 2: That the contract for the construction of the 24" and 16" Water Mains
and 6" Force Main (Utilities Project No. 97-24, 96-09 and 95-03) located on McNab Road
between Nob Hill Road and Pine Island Road and along Pine Island Road from N.W. 57th
Street to Lagos De Campo Boulevard by Man -Con, Inc., is HEREBY APPROVED and that
all appropriate officials are authorized to execute the contract between the City of Tamarac
and Man -Con, Inc. (attached hereto as "Exhibit 3")
SECTION_ 3: That a budget transfer in the amount of $34,000 from the Utilities
Operating Fund entitled, "24" McNab Water Main" to the Utilities Operating Fund entitled
"Pine Island Water Main Replacement" is hereby approved for correct accounting purposes
and the contract be fully funded in the amount of $995,425.
SECTION 4: That the City Manager or his designee be authorized to make
changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the City
Code, and close the bid award including but not limited to making final payment and
releasing bonds when the work has been successfully completed within the terms and
conditions of the contract and within the bid price.
SECTIQN 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
0
1
Temp. Reso. #7641 January 22, 1997 5
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this .26 day of F6BkU,41e) �. 1997.
l
RRY MISHKIN
VICE MAYOR
ATTEST:
CAROL A. E ANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
r
-hkF6`H S. -14
CITY ATTORN
TR:am'
RECORD OF COMMISSION VOTE
MAYL
DIST
DIST
DIST
DIST
EXHIBIT 1
TEMP
RESO No. 7641
" EXISTING
16' DIP
PJE
d
NOB HILL
RD
ti° 0
Z
n n -mo
�m�
99 WAY
r-- x' n
r
mmm
a
r
0—
9
r9
p x
9
OD 98 m 98
TER
2 2 z
F
r� A V
Q�b
G� io El 0
7J
3
El
C
mtjv w
70 ro
N
•�
mm
0
0
w
n�
� 96 TER
95
pi
WES
m> TERR 95 TER
m
V
ICD
(� 71zml�
0 95 AV
H18ON ,� I m V
o
94 TER ii_7
O
r
I
p
a J
m
0
94 AV
Z
9L
93 AV
-
ro
ro
F�
y�
a
r
V
f'l 3
-�
2 TER
93
1> A V
n
91 TER F-0
y�' v�
w
a
Pp �QOb
W
�°
H
$�Vp E.
�U
91 AV
J
D
� f'l
-q
o
r�r
n
m
m
(�
m n
8g
AV
z
X C.1
n
PINE
2—
ISLAND
RD
CORAL
GABLES
FED/SV
AMNAB_25.nwG
MCNAB ROAD 24'
WATER
MAIN RECONSTRUCTION
&
PUMP
STATION
25
RE-ROUTE
EXHIBIT 2
TEMP RESO No. 7641
•
•
•
c�
NW 94 AVE %\
m M F ° �n g a to G O
I r v. CA 93 TER 93
� � m w AV Q FW m
92 v E �� re
m+�y� � d
o I ti C) rc cjF- I AVa e zl w /
z i I n��n 9I s W Y
r- rrl n m d I . �- 11' E WE�'cewaonl�
d om�I ��mcn�� p� TER.
te r. I J—
c i m r 0 o (/) 91 AV NCH RST CLIR.W, C9
of z �qV�
I 91 AVIJ 0 �
r �' z I I o 90 ti 1N�HURST CI' . E C91 AV)
� A V �
rr �� nn 89AV
f l I n Y' --j e7 I 90 AV
y X ly C7 r� in 88 -0 v
Z '� �'M TER A e 0\ WESTCHESTER
Z I c v a I c ti
n�z 56 � L �n A c� 89 Al
_ I ,V rri D 7C m A
Z i a m z z JEHOVAH
I
WITNESS PINE IS <AND D
_1. ,----
V rruW +Yw► r.w l s♦ ��
G7m 87 WAY 0 1 --
h? Z mo "V OD to A I
1 87 TER r Gr c r-or-
I 6dm 87 TER �7 AV d :. n ��
c" 87 AV I n��
D � (n
O i Z ro y 86 TER w
q I -r I I v
z i r -u ti Frl ro v1
ti 86 AV r I XCri r p
(TI L7 i -Ln c7 85 TER I d
j - I (1 � 85 TER �z Z MJ
> Gd I �J n N r I 'I➢ vc I 1 J
V J rz
m g5 P wd vas I Z C? d
84 TER 1�1
5657 ! c coo n � SPN95
Ln
C 84 T ' z ,
m $4 TER m r 0 al - z no
C MEDICAL -m;a� d I N I y n m�j
CENTER .r d/ ti O 1�
T I a J(J)
83 AV
AV
Z V I (0y 83 A1—
BEDDING C (I.f-q --I CD
DARNcl
r I 82 TER I I
82 AV I I $(,Vp SAND
82 AV
r.wr..r-- PROPOSED WATER MAIN
EXISTING WATER MAIN
z EXHIBIT 2
PIN AND 16' WATER MAIN
I
AMPINEWM.DWG
PINE ISLAND 16" WATER MAIN RECONSTRUCTION
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MAN -CON INCORPORATED
FOR THE
"MCNAB AND PINE ISLAND WATER MAINS CONSTRUCTION
CONTRACT C - 9701"
CITY OF TAMARAC, FLORIDA
WATER DISTRIBUTION SYSTEM
UTILITIES DEPARTMENT BID NOS. 97-05 AND 97-06
THIS AGREEMENT, made and entered into this _2_L_ day of F�hr,uarrvv in the
year Ninetgen Hl!jndred Ninety Sgvgn (1997) by and between the CITY of Tamarac, a
municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL
33321 (the "CITY") and an-C n Incorporated with principal offices located at 4 0 SW
11 th Street. Dgerfield Beach, Florida 3344 (the "CONTRACTOR") to provide for
Replacement of Asbestos Cemen Pi on-MgNab and Pie Island -Road§ for the CITY
of Tamarac MgNab and Pine lglg_nd Water Mains Construction, Utilities 122partment
Project Nos. 97-24 and 95-03
1) The Contract Documents
The contract documents consist of this AGREEMENT, conditions of the Contract
Documents (-McNab and.Pine_Island Water Mains Construction, Bid Nos,, 97 -_0,5 and
06 ) (General, Supplementary, and other Conditions), drawings, specifications, all
addenda issued prior to, 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 herein.
2) The Work
The CONTRACTOR shall perform all work for the CITY required by the contract
. documents and as set forth below.
"C - 9701" Man Con C - 1 c9701.wpd 970131
(RI4?-3(
1. CONTRACTOR shall furnish all labor, materials, tools, equipment and everything
necessary to re I he asb tgs cement pipe waler mains on McNab and Pin
I land Road d a os cement pipe sewer forge main on MgNab Egad in
accordance with the provisions of the M Nab and Pine Island Water Mains
Consiruction.Bid Ngs, 97 - 05 and 97 - 06 and the terms of this AGREEMENT.
2. CONTRACTOR shall replace existing asbestos cement pipe with new ductile iron
pipes _etween Pine island and Nob Hill on McNab Road and between Lagos De
Com o and 57th Street on Pine Island Road making complete restoration of all
disturbeddjsturbed land5gaped and gaved areas 25 5hown and noted on h con ructi n
documents -and Ins .
3. CONTRACTOR shall clean up and remove each day all debris and material created
by the work at CONTRACTOR's expense.
4. CONTRACTOR shall supervise work force to ensure that all workmen 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 CONTRACTOR's expense.
5. All equipment must be stored in a safe manner when not in operation. The CITY
shall not be responsible for damage to any equipment or personal injuries caused
by the CONTRACTOR's failure to safely store equipment.
6. CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice
prior to the beginning work under this AGREEMENT and prior to any schedule
change with the exception of inclement weather.
7. 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
CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance
in such form and amount as required by the CITY's Risk Manager before beginning work
under this AGREEMENT including, but not limited to, Workers' Compensation Insurance,
Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required
by law. CONTRACTOR shall maintain such insurance in full force and effect during the
life of this AGREEMENT. CONTRACTOR shall provide to the CITY's Risk Manager
.certificates of all insurances required under this section prior to beginning any work under
this AGREEMENT.
"C - 9701" Man Con C - 2 C9701.wpd 970131
P,- 4'1-3
Such certificates shall be approved by the CITY. ALL INSURANCE COMPANIES
PROVIDED SHALL be rated not lower than A - XII per Best's Key rating Guide and be
licensed to do business in Florida. All Policies provided shall be "Occurrence," not "Claims
Made" forms.
CONTRACTOR shall indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an
additional insured. CONTRACTOR shall be responsible for payment of all deductibles and
self-insurance retentions on CONTRACTOR's Liability Insurance policies. The
CONTRACTOR's liability insurance shall be primary to any liability insurance polices
carried by the CITY.
4) Time of Commencement and Substantial Completion
The work to be performed under this AGREEMENT shall be commenced after
execution of this AGREEMENT and must begin within ten 1 days after the date of
receipt of official NOTICE TO PROCEED and shall be carried on at a rate to insure its full
completion within one hundred twgnly (120) calendar days, the rate of progress and the
time of completion being essential conditions of this AGREEMENT.
5) Contract Sum
The Contract Sum for the above work is nine hundred nioty five thousand f-Qu�
hundred twenty five dollars and no cents ($ 995.425.00 ). The Contract Sum is
determined by unit prices for labor, materials and equipment as shown on the Schedule
of Values below.
0
"C - 9701" Man Con C - 3 c9701.wpd 970131
I
i
z
z a
d �
J
Q U LU
N
W� a ,
❑ Q9ZZ-Cz
M-m_�... � F-^
MLL24U 0U
-jOONw
z�Ua0 000
0E3 0w �wz
a U W a a o
O a m
z C/)
U w
z
a
z
W
aaC�
c=
aU0
a
zz
w�
Z N U
-) Op
n~0M
OMa
03
a
z
U
? o 0 o g g S S
0 0 ,`,� O p 9 O
h 9 X x
Q`rJ ram- X X
W
i
a
S
0
O
O
S
Q
Z
❑
J
J
J
O
LL
_.1
0
a
rr
c�
0 c7 cn C7
CV N N N CV N N CV N r-
cn o a o o a ca o a a
en
c
�
_m
Ln
c
c
ro
co
c
N
0
Q
0
tn
`o
c�
4-
.o
c
a
O
o
c
a-
a)
U
N
�
U
�-
❑
o
w
0
C
LL
�'
m
u,
uj
o
o
W
1Q--
o—
8
m -o
_ o
C
0
ul
� m
o Cf]
U
U
c
cn
>
a)U
C
CL
a.
'
a7
'-
-0j
iv
U 75
a).
0
Cl
CD
6
�
Q
CO
<-
N
CV
Co
0
M®®M®MEM +• ..
In9
I
•
•
O 0 X T
r x M
w u Q p p 0 q p
° $ o ° °
a. Q" T19 z 00 a
LLJ
W
UJ
LU
LL1
U J
LL.
L!
L
H
H
Z
Cy
Lj o
0
0
0
0
0
o
c
_o
W CD
(D
co
(D
(D
(0
0
(7
CL
� o
a
o
o
a
o
0
o
c
�l
CU
a
LU
ca
i
>
a
iv
>
is
?
j
Q
>
ct-
oFa
wi
j
a�
?
.L7
�
Q
c
a
(D
—
0M
aD
(D
N
m
N
U
C
U
[�
Q
�
LL.
-il al rl rl C61 rl -il rtl
a
0
0
0
p
o
Q
p
0
°
0
0
0
0
N
^�
r
0
0
cr-
UU7
c
U�-r
�
�
u�j
WLL
0l
a
o
o
a
c
I o
—
M
N
V7
o
f,-
n�
ti
r-
ti
ti
I`
O
CIA
N
N
(V
(V
f`
ti
N
l!7
u)
N
Lr)
(V
u7
N
l.7
(N
O
r
N
N
N
N
N
N
N
N
V)
N
Ln
N
N
N
0
d
0
0
0
0
0
0
0
.0
0
0
0
C
C�
o
Q)
_
2
7._Q
Q
(3)
LL
(a.)
�
O
U
c4
C
W
O
LO
c
¢
LL
O
x
o
as
a�
u
o
U
O
M
a
LL
�
O
U
O
O
O
m
cn
D_
Q
Q
m
o
o
p
p¢
Q
(D
QO
o
o
>
C
o
E
"J
M
N
U
~
>
a
a
o
CL
_
cn
U7
c��
•m
CQ
(U
('
C
t/�
c
O
a)
O
E c
E
C�
0
Q
Q
L
c
m
M
Q
Q
U
U
Q
CL
Q
H
H
1�
[IJ
D7
r
O
NI
r
N
N
N I
[7
N I
N
v
N
to
N
(D
N
1`
N
m
N
mED
tcn
cn
E�
Ln
i
U
N
O
0
0
o
o
0
J
Q
=
^^►'"'
ems?
�000�
r-
a
r'l
0
0
C
CD
Lr�
3
a
7i
z
n
r)
d
�
Z
LL.
0
0
� d
Z
`T
a
r
Q
U
0
a
ca
0
LLI
e-
T
l
I
l
0
N0I
0
cj
a
0
o
m
a�
Ucr
Q
ac
�
X
LLJ
._
ca
U
O
v
U
q)
m
a.J
4
cr-
m
O
COQ
M
O
U
c
v
3
Ccoo
b
-
E
►`
n`.
--
C7
Cam')
MIN
Z
Q
W
m Q
U a)
�
az0
0-tDZ"
-1 r r-
Q❑U
oo-5
arc
p❑CL
Z
d
w
Z
CL
a ,0
$ 0
�r�
Y
/
'�1
-`r
T
(
Q
O
W
U
CL
—
r
o
.9
'n
p
Z
,9
r✓7
�
Z
J
J
J
T
�l
J
I
r❑
r
ZL
<
0
N
'r'
N
b
`
0
r10
0
C7
NI
�
tj
w
CL
Cl)1
o
CD
N
0
0
CD
(V
0
0
r
Cp
N
0
0
r
CD
N
0
0
Va
N
0
o
CD
0
c7
0
Y
O
�n
th
U
CL
C
O
�
C
•�
o
p
CCS
`n
C)
U
IL
QCL
Li
Q
c
�
o
�
CL
o
o
U
o
w
0
r� Lo
U
CL
❑
o
M M
U
CL
o
cl
V)
U
CL
--
o
. c
a
-o
•c�
N
Q)
tt
CO
00
C5
N
CD
(D
Lt
N
C7
'T
to
(6
t`
r)to
0
z c,
E9
a)kn
b O
Q �
0
Z
m
ter.
4 _ q 1, 3 (
R
z
8�
0
°o °�
0
o
0
0
o n 3
op o
S o
t N
r4 ,r
V)
T M
(� N
-9
0
i� O
r o
Q
0 0
0
o a g
Q Cl �
o u�
Q
rl N
.- CJ'
J.
�
T
•
ciLq
J
o�
a o 0 o
p
D
M
z?
- I W W Lu W
w
W
LLJ
W
_,
cn
v
D
I
Z
Q
❑
CLO.-
N
tri
in
J
CD
p CD
CJ
()
LLJ
CL
O
r
CD
CV
o
CD 0 O 0
N � 'CT ''
N (D CD CO CD
N (V N N CV
a o o a o
C
'G'
CO
C,4
o
CD
'.
CD
N
a
O
Nr
CO
N
o
00
1�3
(D
CV
0
r-
Lr)
r
0
ti�
r-
Lo
N
0
�
u7
N
o
N
N
N
N
a
o -J a o
0 0 0CD
0 ? a J
I �I 1�1—tJ-�I�I�I /`
N C7
N LO o O p p p (D
0 oN o o 0 0 0 CN
0
C
cu
/h
V,
V
E
o
Y
Q)
�r
O
rn
C
�
U
CL1
O
x
Q
O
E
LL
M
O
O
O
G
-�
U)
C
O
(�
U
a
C
C
C
a)
c
C
(V
C
C
�-
3:
C
O
v
E
O
m
C
O
c� O
4)
N
m
a�
a�
>
>
Q
o
°>
�
a'
a
c
a
¢
o
vv
C
>
>>>
L
C
O
O
V1
O
O
Q)
U
O
Q
cv
O
x
M
m
.
Q.
U
Ur
U'
CL_
C
ci
Ur
C7
c
c
-O
C
O
❑
-
-
O
N
CD
-
CL
cn
c
O
c c
O mC
O
-0
O
O
O
�
CO
GD
r
e-
r
LL
Q
V
U=
d.
-j>
CL
U
U
4
x
r
O
r-
hl
cry
tT
LO
(D
Imo-
m
0)
¢
N
c)
�7
CD
ap
N
CV
CV
N
N
N
N
N
N
N
mfD
ci 4
2 rn
Ea
c
a m
1
•
r�w
A E-
I� I x
NLL
�
n
V
�
�
U
tp
!�
�
U
L�.
C�
•
fnm
0
z�
F
7 C
c
C
N 47
<
a
O
Z
co
-R.q7-3L
Notice to QONTRACTOR
CONTRACTOR agrees that any unit price listed is to be multiplied by the approximate
quantity requirements based on field measurements in order to arrive at the total.
In the event of latent multiplication or addition errors, the CONTRACTOR recognizes that
these are clerical errors and may be corrected by the CITY.
For each payment item, CONTRACTOR agrees to furnish all labor, materials, tools and
equipment necessary to properly perform the work described herein and on the Project
Drawings.
6) Payments
The CITY shall pay in full the Contract Sum to the CONTRACTOR upon completion
of the work listed in Paragraph 2 of this AGREEMENT unless the parties agree otherwise.
The CITY shall pay the CONTRACTOR for work performed subject to the specifications
of the job and subject to any additions and deductions by subsequent change order
provided in the Contract documents.
7) 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 the CITY from all claims of liability to the
CONTRACTOR in connection with this AGREEMENT. The CONTRACTOR shall upon
acceptance of such payment execute and deliver to the CITY the Final Release of Lien in
a form identical to page FRL-1 through FRL-4 attached to this AGREEMENT.
8) Warranty
CONTRACTOR warrants the McNab and Pine Island WgIgr Mains Construction.
Ujilities D rtmen Pr sect Nos. 97-24 and 95-03 against defects for a period of one ygar
from the date of completion of the work. In the event that defect occurs during this time,
CONTRACTOR shall perform such steps as required in paragraph 2 of this AGREEMENT
to repair and correct the affected areas of the work performed. CONTRACTOR shall be
responsible for any damages caused by defect to affected area.
9) Indemnification
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
"C - 9701" Man Con C - 9 c9701.wpd 970131
P.9?-3(,
indirectly caused by, resulting from, arising out of or occurring in connection with, the
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or personal injury, or
property damage attributable solely to the gross negligence or wilful 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.
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.
10) Non -Discrimination
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this AGREEMENT.
0 11) Independent Contractor
•
CONTRACTOR is an independent CONTRACTOR under this AGREEMENT.
Personal services provided by the CONTRACTOR shall be by employees of the
CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers,
employees, or agents of the CITY. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to services rendered under this AGREEMENT shall
be those of the CONTRACTOR.
12) Assignment and Subcontracting
CONTRACTOR shall not transfer or assign the performance required by this
AGREEMENT without the prior written consent of the CITY. This AGREEMENT, or any
portion thereof, shall not be subcontracted without the prior written consent of the CITY.
"C - 9701" Man Con C - 10 c9701.wpd 970131
13) 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, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CT
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Guy Mancini, President
Man -Con Incorporated
3460 SW 11 th Street
Deerfield Beach, FL 33442
0 14) Termination
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to the CONTRACTOR, the CITY may without cause and without
prejudice to any other right or remedy, terminate the agreement for the CITY's convenience
whenever the CITY determines that such termination is in the best interest of the CITY.
Where the agreement is terminated for the convenience of the CITY, the notice of
termination to the CONTRACTOR must state that the contract is being terminated for the
convenience of the CITY under the termination clause and the extent of termination. Upon
receipt of the notice of termination for convenience, the CONTRACTOR shall promptly
discontinue all work at the time and to the extent indicated on the notice of termination,
terminate all outstanding sub -contractors and purchase orders to the extent that they relate
to the terminated portion of the Contract and refrain from placing further orders and sub-
contracts except as they may be necessary, and complete any continued portions of the
work.
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. Default by CONTRACTOR. In addition to all other remedies available to the
CITY, this AGREEMENT shall be subject to cancellation by the CITY 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
"C - 9701" Man Con C - 11 c9701.wpd 970131
R-1?-34
•
or failure.
16) Venue
This AGREEMENT shall be governed by the laws of the State of Florida as now and
hereinafter in force. The venue for actions arising out of this AGREEMENT is fixed in
Broward County, Florida.
16) 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.
17) 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 nonenforcement 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.
18) Merger; Amendment
9
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.
"C - 9701" Man Con C - 12 c9701.wpd 970131
R-57, 31-
•
IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the
respective dates under each signature. CITY OF TAMARAC, through its Vice Mayor and
Man -Con Incor fated_, signing by and through its President, duly authorized to execute
the same.
ATTEST:
Robert S. Noe, Jr., CITY Manager
Carol Evans, CITY Clerk
CITY OF MARAC
By:
arty Misdkin, Vice Mayor
Date:_r_ii-ry 2h F l,cA7
By: ` 1 `—t S . ` 14� r
Robert S. Noe, Jr., CITY Mana r
ate: February 26 , 1997
to form and legal.sufficie
II S. Kraft./CITY
"C - 9701" Man Con C - 13 c9701.wpd 970131
•
•
•
ATTEST:
4a�z�
Corfi&ite Secretary
2 vl 1 i t
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
SS
COUNTY OF uti
CONT CTOR
Man -Co Incorp r ted
By: A
President
Guy Mancini
Type/Print Name of President
Date:'
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
lY�-•r 1t, 1"1A�nC.�r-�� ��eSaC�er�� of q,r1 -C-0n n,C „.—
(officer or agent and title) (name of co oration)
,a FI or 1 6 a _ Corporation, to me known
(State or place of corporation)
to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that_%e_ executed the same.
WITNESS my hand and official seal this -S+L day of r , 199_2.
ti,);Yy
Karen S. McNabb
;a �� COMMISSION #CC�1i5 EXPIRES
.."R�,��''`• o nmu V& RUN a/sW"%, INC.
( ✓) Personally known to me or
( ) Produced identification
1 0..E /,- I,, Cn "::L
NOTARY PUBLIC, State of Florida at+Large
\Q r. -
(Name of Notary Public. Print, Stamp, or Type
as Commissioned)
Type of I.D. Produced
(✓) DID not take an oath, or ( ) DID NOT take an oath.
"C - 9701" Man Con
C-14
c9701.wpd 970131