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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-155Temp. Reso. #10464 - May 21, 2004 Page 1 Revision 1, June 11, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-ems A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT FOR THE FY04 INFLOW AND INFILTRATION PROJECT FOR SANITARY SEWER REHABILITATION WITH INSITUFORM TECHNOLOGIES, INC., UTILIZING MANATEE COUNTY CONTRACT RFP 00-6019FL, VALID THROUGH SEPTEMBER 4, 2004, FOR AN AMOUNT NOT TO EXCEED $600,000.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Office of Environmental Services conducted an Inflow & Infiltration (I & 1) Study which identified the City of Tamarac as having an excessive amount of I & I conveyed to the Broward County Treatment Facility; and WHEREAS, at that time, the Director of Utilities chose to utilize available contracts awarded by other governmental entities for Wastewater Collection System Sewer Rehabilitation, as provided by City Code Section 6-155, which states that the purchasing officer may utilize contracts with other governmental agencies; and WHEREAS, on October 25, 1995, the City Commission of the City of Tamarac authorized the execution of the first contract for sanitary sewer rehabilitation with Insituform Southeast, Inc., utilizing Broward County Contract 9801 B, as approved by Resolution R- 95-240; and Temp. Reso. #10464 - May 21, 2004 Page 2 Revision 1, June 11, 2004 WHEREAS, subsequently, the City continued to engage the services of Insituform Southeast, Inc., through various active contracts awarded by Broward County as approved by Resolutions R-98-96, R-99-120, and R-2001-95; and WHEREAS, Insituform Southeast, Inc., merged with Insituform Technologies, Inc., effective December 31, 1998; and WHEREAS, in FY03, the City entered into an agreement with Insituform Technologies, Inc., utilizing Manatee County Contract RFP 00-6019FL, which was valid through September 30, 2003, as approved by Resolution R-2003-37; and WHEREAS, the Utilities Wastewater Division's FY04 list of excessive I & I locations have been identified in Land Sections 3 and 10, as well as several other subdivisions in Land Sections 4 and 9, which require sanitary sewer rehabilitation; as illustrated on the relevant maps attached as Exhibit 1; and WHEREAS, Manatee County issued Addendum 3 to Contract RFP 00-6019FL with Insituform Technologies, Inc., for Sanitary Sewer and Manhole Rehabilitation Services, which renewed the contract term for one year through September 4, 2004, as evidenced by Exhibit 2; and WHEREAS, both Manatee County and Insituform Technologies, Inc., have agreed to extend the terms and pricing of Contract RFP 00-6019FL to the City of Tamarac for the purpose of completing the FY04 Inflow and Infiltration project, as evidenced by Exhibit 3; and Temp. Reso. #10464 - May 21, 2004 Page 3 Revision 1, June 11, 2004 WHEREAS, Insituform Technologies, Inc., has agreed to the terms of the City's Agreement to provide Cured -in -Place Pipe Lining Repairs under Inflow and Infiltration Project No. USMY1, as evidenced by Exhibit 4; and WHEREAS, the City Commission of the City of Tamarac has approved capital funding for the FY04 I & I project as recommended by the Utilities Department; and WHEREAS, the Director of Utilities shall have the responsibility to assign Work Tasks based on the most economical and structural need for sanitary sewer repairs using the unit prices provided by Insituform Technologies, Inc., under Manatee County Contract RFP #00-6019FL in an amount not to exceed $600,000.00; and WHEREAS, the Director of Utilities and the Purchasing and Contracts Manager recommend the acceptance and execution of the Agreement between the City and Insituform Technologies, 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 accept and execute the Agreement with Insituform Technologies, Inc., utilizing Manatee County Contract RFP #00-6019FL, valid through September 4, 2004, for Sanitary Sewer Line Rehabilitation in an amount not to exceed $600,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Temp. Reso. #10464 - May 21, 2004 Page 4 Revision 1, June 11, 2004 SECTION 2: The appropriate City officials are hereby authorized to accept and execute the agreement for the FY04 Inflow and Infiltration project for Sanitary Sewer Rehabilitation with Insituform Technologies, Inc., utilizing Manatee County Contract RFP 00-6019FL, valid through September 4, 2004, for an amount not to exceed $600,000.00. SECTION 3: The Director of Utilities is authorized to approve work tasks in accordance with the schedule of prices under said contract in an amount not to exceed $600,000.00. SECTION 4: The City Manager or his designee are hereby authorized to issue Change Orders in amounts not to exceed $10,000.00 per Section 6-156 of the City Code, and to close the contract, which includes but is not limited to making final payment and releasing bonds per Section 10-156 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the Agreement. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 11 Temp. Reso. #10464 - May 21, 2004 Page 5 Revision 1, June 11, 2004 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23rd day of June, 2004. SCHREIBER AYO R ATTEST: —,oI4:Lk"�ECORD OF COMMISSION VOTE: MARION SWE14SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. VANESSA T. STEINERTS Assistant City Attorney �MITCHELL S. KRAFT CITY ATTORNEY 1 EXHIBIT 1 TR #10464 ��A ; tr • f T • � _ 7 i/ NARLM 57 w : W WAY PLAZA Rm PARK w 7s 07 r � THE TNOW Q s► FL fe 'Tr r taunat%= PLAZA Ir' W3 ccwm TI:[ 97 cr PDW ptiti'J611 57 tT �JunA w17I11 lYW$ CO/1 SW y�L CIEvm YCO Jill y 11 NJ I lM pi I iill COMMERCIAL BLVD. LAUDERMLL LAND SECTIONS 4 & 9 EXHIBIT l TR #10464 aeu nws,ls �. - 4 >a arlen TNIeT rem ir R nns uNv. 1lrV. Tir to cn MOK e !r � VLUK ashwft 4 Tlvre R R der a osr aTrrdti ` - crrrlr ►a! R R n.aT n►TQIgAK r R Ix T 1lrrlil Fl.AtiA R ermw L i a )1 TIM LAND SECTIONS 3 & 10 Gwk of the Gmidt [Dart wW [rnrlltin&r 6=jUjF=; r--, • l ." P. O. Rnu 2 4W • Bhz*mtm. F7ork b 342VU • [9411749.1BW • ,FAX19411741-408P • w August 27, 2003 mom, all 036 =4 "EXHIBIT 2" TR #10464 TO: Insituform Technologies, Inc. 11511 South Jacksonville, FL 32256 FROM: Clerk of Circuit Court Board Records De.7ment Judy Gamel '' P. O. Box 25400 Bradenton, FL 34206 RE: Addendum No. 3 to Agreement for Professional Services Sanitary Sewer Line Rehabilitation Approved: In open session by the Board of County Commissioners, Manatee County, Florida on August 26, 2003. cc: Board Records RBS/SGR/JJG Clerk of Urcult Court • Dark of Board of County Commissr10ner5 0 County Comptroller, Auditor and Recorder ADDENDUM NUMBER THREE TO AGREEMENT FOR PROFESSIONAL SERVICES SANITARY SEWER LINE REHABILITATION THIS ADDENDUM NUMBER THREE is made and entered into by and between the COUNTY OF MANATEE, a political subdivision of the State of Florida, by and through its Board of County Commissioners, with mailing address at 1.112 Manatee Avenue West, Bradenton, Florida 34205, and INSITUFORM TECHNOLOGIES, INC., duly authorized to conduct business under the laws of the State of Florida, with a mailing address at 11511 South Phillips Highway, Jacksonville, Florida 32256 hereinafter referred to as the "Contractor". WHEREAS, on September 5, 2000 the parties hereto entered into an Agreement for the purpose of the Contractor providing professional services sanitary sewer line rehabilitation as provided for in this Agreement, hereinafter "the Agreement;" and WHEREAS, on August 14, 2001, Addendum Number One, incorporated an extension commencing on September 5, 2001 and terminating on September 4, 2002; and WHEREAS, on October 1, 2002, Addendum Number Two, incorporated an extension commencing on September 5, 2002 and terminating on September 4, 2003; and WHEREAS, pursuant to Article 3, Duration of Agreement, the Agreement may be renewed for three (3) additional periods, each of one (1) year upon mutual agreement of County and Contractor as evidenced by execution of an addendum; and WHEREAS, County has determined there is a continuing need for the services and that the Contractor has performed satisfactorily during the initial period of performance. NOW THEREFORE, for and in consideration of the mutual benefits to be derived, the parties hereto agree as follows: 1. The County hereby extends the Agreement commencing on September 5, 2003 and terminating on September 4, 2004. 2. The dollar amount stated in Article 5, Work Assignments, Paragraph N is increased from $50,000 to $100,000. This increase should also be reflected in the dollar amount stated in Exhibit "C" page 2. 3 All other terms and conditions of the Agreement shall remain in full force and effect during the extended term. 1 The parties hereto have caused this Addendum Number Three to Agreement for professional services sanitary sewer line rehabilitation to be fully executed, in duplicate, by their authorized representatives. WITNESS: 4igh Na =112maJL►VYYYWrt��- hni`C r Yl INSITUFORM TECHNOLOGIES, INC. By: Print Name: M2,wear 5 Z,442.""/ Title: IS7` (,. Phone Number: d J13 Date of Execution: ` D - 0 3 RECOMMENDED BY MANATEE COUNTY PROJECT MANAGEMENT DEPARTMENT By: dI�/o Timothy Hachuli, P.E., Director APPROVED AS TO FORMAT AND CORRECTNESS: By: R.C. "Rob" Cuthbert, C.P.M. Purchasing Manager .� APPROVED, with a quorum present and voting this day of ,2003. ATTEST: R. B. S ORE ggo SEAL- ' ', Clerk of Circuit C rt Q(1-11 2 UNTY �NATEE, FLORIDA by its ARD OF UNTY MISSIONERS Jonathan R. Bruce, Chairman MANATEE COUNTY GOVERNMENT FINANCIAL MANAGEMENT DEPARTMENT, PURCHASING DIVISION 'TO SERVE WITN EXCELLENCE' "EXHIBIT 3" TR #10464 May 11, 2004 Mr. Scott London Operations Manager City of Tamarac Utilities Department 6001 Nob Hill Road Tamarac, FL 33321-2401 Dear Mr. London: Re: Agreement for Sanitary Sewer and Manhole Rehabilitation Services Insituform Technologies, Inc. The Manatee County Purchasing Division hereby authorizes the City of Tamarac the use of our Agreement with Insituform Technologies, Inc., Jacksonville, FL for Sanitary Sewer and Manhole Rehabilitation Services. If you have any questions or comments please call me at (941)749-3042. Sincerely, 4J0 F*AMBERTSON gotiator FGL/fgl • 1112 Manatee Avenue West, Suite 803 • Bradenton, Florida 34205 • (941) 749-3014 • FAX (941) 749-3034 • Recycled Paper Insituform Technologies; Inc. ,nB April 24, 2004 Mr. Scott London Water / Wastewater Superintendent City of Tamarac, FL Utilities Dept Division 6001 N Nob Hill Rd Tamarac, FL 33321-6200 11511 Phillips Hwy. S. Jacksonville, Fl. 32256 Tel: (904) 262-5802 Fax (904) 292-3198 (800) 6334= www.insiiuform.com Re: Piggyback Existing Insituform Technologies®, Manatee County Contract, Dear Mr. London, Insituform Technologies is pleased to offer the existing Manatee County Contract (RFP #00-6019FL) October 1, 2003 until September 30, 2004, for sanitary sewer lining in the City of Tamarac. All prices, terms and conditions as stated in the contract will exist between The City of Tamarac and Insituform Technologies Inc. We look forward to renewing our working relationship with the City of Tamarac. If you have any questions or need further information please,call me at (904) 237-3426 Best re ards, 1 Ted Hotchkiss Area Account Manager City of Tamarac AGREEMENT BETWEEN THE CITY OF TAMARAC AND INSITUFORM TECHNOLOGIES, INC. Purchasing & Contracts Division THIS AGREEMENT is made and entered into this A day of - u pe. _, 2004 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Avenue, Tamarac, FL 33321 (the "CITY") and Insituform Technologies, Inc., a Florida corporation with principal offices located at 11511 Phillips Highway South, Jacksonville, Florida 32256 (the "CONTRACTOR") to provide for Cured -in - Place Pipe Lining Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow Project No. USMY1. 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, conditions of the contract (General, Supplementary and other Conditions of Manatee County Contract (RFP #00- 6019FL)), 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 if attached to this Agreement or repeated therein. Upon execution of this Agreement, all references made to Manatee County Contract (RFP #00-6019FL) in Exhibit 3 shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibit 3 shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "County" appears, it shall be read as "City of Tamarac." 2) The Work The CONTRACTOR shall perform all work for the CITY required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, tools, equipment and everything necessary to perform, and shall perform, in accordance with the provisions of the CONTRACT and the terms of the Agreement, the Contract known and identified as "Cured -In -Place Pipe Lining Repairs, Contract No. USMY1-A" and shall do everything required by this Agreement, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. b) CONTRACTOR shall clean up and remove each day all debris and material created by the work at the CONTRACTOR'S expense. c) 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' expense. of Tamatac Purchasing & Contracts Division d) 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. e) 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. f) 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 and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, 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. 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. 4) Bonds Execution of this Agreement shall include the CONTRACTOR depositing with the CITY a Performance Bond providing for all the satisfactory completion of the work and a Payment Bond providing for payment of all persons performing labor in connection with this Agreement. Each of these bonds shall be in the amount of 100% of the contract amount. A Maintenance Bond in the amount of twenty-five percent (25%) of the Final Contract Price shall be required upon completion of construction guaranteeing the repair of all damages due to improper materials or workmanship for a period of one year after the final acceptance of work. S) Time of Commencement and Substantial Completion The term of this Agreement is for a period beginning the first day following execution by the CITY and ending on September 4, 2004. Upon expiration of the term, the parties may choose to terminate this Agreement, or exercise the renewal option pursuant to the terms and conditions of the original Agreement. Such renewal shall be in writing signed by the parties hereto for a term to be set in the renewal Agreement. City of Tamarac Purchasing & Contracts Division 6) Contract Sum This Contract Sum for the above work is to be determined by the cost of labor and materials for the Work Tasks assigned to the CONTRACTOR. The assigned Work Tasks shall be paid in accordance with the Bid Schedule, which is taken from the Manatee County Contract for Sanitary Sewer Line Rehabilitation, but the total sum of all work shall not exceed $600,000.00. The CITY shall pay the CONTRACTOR as just compensation for the performance of this Agreement, subject to any additions or deductions as provided in this Agreement and the Manatee County Contract for Sanitary Sewer Line Rehabilitation. BID SCHEDULE OF VALUES FOR WORK TASK TASK ITEM DESCRIPTION OF (BID) UNITS UNIT PRICE QUANITIES* ITEM .. 18 LINER 8"DIA. 6.0 MM LF $32.00 1b LINER 10"DIA. 6.0 MM LF $34.00 1b LINER 10' DIA. 7.5 MM LF $36.00 1c LINER 12" DIA. 6.0 MM LF $38.00 1c LINER 12" DIA. 7.5 MM LF $40.00 2a BY-PASS PUMPING 8" DIA LF $1.00 2a BY-PASS PUMPING 10" DIA LF $1.00 2e STANDARD SERVICE RECONNECTION EA 1.00 2f TRENCHLESS LATERAL RECONSTRUCTION (30 Fr.) EA $2,800.00 2f ADDITIONAL FOOTAGE EA $80.00 NOTE: Quantities for this schedule of values will be assigned as WORK TASK and will depend on field conditions. *PER ASSIGNED WORK TASK 7) 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. 3 City of Tamarac _ sins urc& Contracts Purchasing acts Division __.._ '..._..._. 8) Progress Retention The percentage of estimated value to be retained shall conform to the following schedule: 1. Retention for up to 10% of payments claimed. 2. When the project is substantially complete (operational or beneficial occupancy), the retained amount shall be reduced to 5% to assure completion of the Contract Work. The above retainages only apply when the CONTRACTOR's performance in the judgment of the Director of Utilities or his Designee, is considered satisfactory. When specific circumstances necessitate, a retainage of 10% will be applied at any time during the construction period regardless of the stage of completion of construction. No progress estimate need be made when, in the judgment of the Director of Utilities or his Designee, the total value of work done since the last estimate amounts to less than five thousand dollars ($5,000.00) as set forth under Payments in the Agreement. 10) Acceptance and Final Payment When the work provided for under this Agreement has been fully completed in accordance with the terms thereof, a final invoice showing the amount of such work shall be prepared by the CONTRACTOR and filed with the CITY. The final invoice shall be accompanied by the required maintenance bond and by a certificate of acceptance issued by the CITY, and stating that the work has been fully completed to the Director of Utilities' or his Designee's satisfaction, in substantial compliance with this Agreement. From the final payment shall be retained all monies expended by the CITY, according to the terms of this Agreement and thereunder chargeable to the CONTRACTOR, all monies payable to the CITY as liquidated damages, and all deductions provided by this Agreement, Federal and State Laws, or governing regulations. Within thirty (30) days after receipt of the Director of Utilities' or his Designee's final acceptance by the CITY, the CITY will make a bona fide effort to pay the CONTRACTOR in the full amount of the Director of Utilities' or his Designee's final estimate. 11) Waiver of Liens Prior to 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. 12) Warranty CONTRACTOR warrants the Cured -In Place Pipe Lining Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow Reduction (Project No. US01A) against defects for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps required to repair and correct the affected areas of the work performed. CONTRACTOR shall be responsible for any damages caused by defect to affected area. City of Tamarac f u _ rchas_g& Contracts Division rn .._. . 13) 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 indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 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. 14) 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 nondiscrimination. 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. 15) 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. 16) 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. 17) 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: Lityof 7araracPurch_a..__sy & Contracts ivrsi..o.rr .. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR James R. (Randy) Hansbrough District Manager Insituform Technologies, Inc. 11511 Phillips Highway South Jacksonville, FL 32256 18) Termination This Agreement may be terminated by CITY or CONTRACTOR for cause or by the CITY for convenience, upon thirty (30) days of written notice by the terminating party to the other party 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. 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 or failure. 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. City of Tamarac _ Purchasing & Contracts Division 18) 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. 19) 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. Of Tamarac, Purchasing & 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 INSITUFORM TECHNOLOGIES, INC., signing by and through its District Manager, duly authorized to execute same. CITY OF TAMARAC o Schreiber, Ma or ATTEST: Marion Swenson, CIVIC City Clerk � �l . t Date _ T. STEINERTS Mitchell S. Kraft, City Attorney Assistant City Attorney 101 &24 Of Date ATT T. (Corporate Secretary) r 1 1 C.%mr-d I -Houyio n Date _ Jeffre . Mill6r, City Manager 6o51 Date Approved as to form and legal sufficiency: Insituform Technologies, Inc. Company Name ('), /� , .7,V S' ature of District M nager Czn+ac+i tm *Ai f"f 1 no) Of -Pica— James R. Hansbrou h Type/Print Name of Corpora e�. Type/Print Name of District Manager (CORPORATE SEAL) Date City of 7"ainarac Purchasing Division CORPORATE ACKNOWLEDGEMENT E•13IF-Al I=1107a 9Its] V 197_1 �*I COUNTY OF DUVAL: 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 James R. Hansbrough, of Insituform Technologies, 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 l7'lQ�/ a� , 20ay. ?! SU7AN G. HE~N MY COMMISSION # DD 101386 EXPIRES: JUIy 18, 2006 Bort&dThru Not" Publk Und®rwAter8 1�' �i' vam"O'� Signature of Notary Public State of Florida at Large -Zam & . H e-rrrrvVA41n Print, Type or Stamp Name of Notary Public ® Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ® DID NOT take an oath. CORD. CERTIFICATE OF LIABILITY INSURANCE 07/O1/2004 °"7/01/ 003 07/Ol/2003 PRODUCER Loddon Companies Three CNy Place Drive, Suite 900 St. Louls MO 63141-7081 (314) 432-OM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE CQMMGE AFFORDED JJY THE POLIQEjDfL9W,_ INSURERS AFFORDING COVERAGE INSURED INSITUFORM TECHNOLOGIES, INC. 1041891 P.O. BOX 41629 JACKSONVILLE FL 32203-1629 INSURER A: C x X INSURER C INSURER D CMER"ES 13 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT, +WrTH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a Tm TYPEOF INSURANCE ER POLICY3jgW PO N C OC URRENCE 1,000,000 GENERAL LIABILITY X FIRE DAM^g Wyan, fire 100,000 A COMMERCIAL GENERAL LIABILITY RG2-641-004218-033 07/01/2003 07/01./2004 CLAIMS MADE lil OCCUR INDEPENDENT CU1+1 BROAD FORM PD/COI 'IRA MED EXP (Anv one pemonI 10,000 X a ADV INJURY 1,000,000 X xcu __ GENERAL AGGREGATES 2.000.000 BLKT WAIVER OF SUBRO. GEWL AGGREGATE LIMIT APPLIES PER: EMMCTS - COMPIOP A 2,000,000 POLICY x c A AUTOMOBILE LIABILITY X AAuTO NY AS2-641-004218-023 07/01/2003 07/01/2004 COMBINED SINGLE LIMIT (Em�d-t) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BLKT ADDITIONAL. INSURED BLKT WAIVER OF SUBRO BODILY INJURY (Per person) S XXXXxxX X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per ecddant) $ �x PROPERTY DAMAGE (PeracaldeM) $ XXX�(XXX UA13RM AUTO ONLY - EA ACCIDENT XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN CC AUTO ONLY: AGG XXXXXXX XXXXXxX EXCESS LIABILITY OCCUR ❑ CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE ; XXXXXXX AGGREGATE S XXXXXXx xxxxxXX u118R� •. DEDUCTIBLE FORM XXXXXXX xXX= RETENTION A WORKERS COMPENSATION AND WA2-64D4M004-443 07/01/2003 07/01/2004 X we srATu- oTN B EMPLOYEW LIABILITY WC7-641-004218-013(WI) 07/01/2003 07/01/20N E.L. EACH ACCIDENT 1000000 E.L. DISEASE - EA EMPLO 1,000,000 E.L. DISEASE - POLICY LIMIT s 1,000.0w OTHER WWRIPTION OF OPERATIONSA.00ATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS N RE: Wastewater Collection System infiltration & inflow Project No, USO 1 A. City of Tamarac is included as Additional Insured under General liability and Auto Liability as respects the operations of the Insured. 1584487 144 City of Tamarac 7526 NW 88th Avenue Tamarac FL 33321-2401 SHOULD ANY OF THE ABOVE DESCRIBED PODS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUM INSURER WILL ENDEAVOR TO MAIL _M _ DAYS WRrTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KID UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-3 (7197) AUTHORIZED REPRESENTATIVE 0 ACORD CORPO TION 1988