HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-246Temp. Reso. #10577
October 14, 2004 1
Revision 1, October 18, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT
BETWEEN THE CITY OF TAMARAC AND INTERSTATE
ENGINEERING CORPORATION, FOR AN AMOUNT OF
$27,085.31 FOR THE REPLACEMENT OF THE 12-INCH
DISCHARGE HEADER UNDER THE GRANTS PLAZA PUMP
STATION'S FLOOR; APPROVING FUNDING FOR THIS
PROJECT FROM THE APPROPRIATE UTILITIES
OPERATIONAL ACCOUNT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on January 14, 2004, through Resolution #R-2004-03, the City Officials
executed an agreement between the City of Tamarac and Interstate Engineering
Corporation for an amount of $292,000.00 for the Grant's Plaza Repump Station
Rehabilitation Project (a copy of which is attached hereto as "Exhibit A"); and
WHEREAS, due to unforeseen field conditions, the 12-inch discharge piping under
the pump station's floor was found to be beyond repair and must be replaced; and
WHEREAS, Eckler Engineering, Inc., recommends that this section of 12-inch
discharge piping be replaced (a copy of the letter dated October 13, 2004 is attached
hereto as "Exhibit B"); and
WHEREAS, it is the recommendation of the Director of Utilities that Change Order
No. 1 to the agreement between the City of Tamarac and Interstate Engineering
Corporation dated January 14, 2004, be approved, executed, and funded; and
Temp. Reso. #10577
October 14, 2004 2
Revision 1, October 18, 2004
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
Change Order No. 1 in the amount of $27,085.31 to the agreement between the City of
Tamarac and Interstate Engineering Corporation dated January 14, 2004 and provide for
funding from the appropriate Utilities Operational account.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to accept
and execute Change Order No. 1 in the amount of $27,085.31 to the agreement between
the City of Tamarac and Interstate Engineering Corporation for Grant's Plaza Repump
Station Rehabilitation Project (a copy of which is attached hereto as "Exhibit C"); and
SECTION 3: An expenditure in the amount of $27,085.31 is approved to be
funded from the appropriate budgeted Utilities Operational account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any courtof 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.
1
1
1
SECTION 6:
passage and adoption.
Temp. Reso. #10577
October 14, 2004 3
Revision 1, October 18, 2004
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 27th day of October, 2004.
ATTEST:
r
JOE SCHREIBER
MAYOR
C RECORD OF COMMISSION VOTE:
�-LmM�ARION(SSON
EN, C C MAYOR SCHREIBER
AMP -
CITY CLERK DIST 1: COMM. PORTN R
DIST 2: COMM. FLANSBAUM- ALABISCO
DIST 3: V/M SULTANOF Ne
DIST 4: COMM. ROBERTS
HERESY CERTIFY that
have �_:.,,proved this
RESOLUTION as to form.
t MITCHE L S. K FT
CITY ATTORNEY
REG/JM/mg
r Y
1 ct o rsmarac
Purchasing and Contracts Division
"EXHIBIT A"
AGREEMENT TR #10577
BETWEEN THE CITY OF TAMARAC
AND
INTERSTATE ENGINEERING CORP.
THIS AGREEMENT is made and entered into this/N�r
20 % ``" by and between the City of Tamarac, day of
—�-- Y a municipal corporation withprincipal Aces'
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 ("City")
e Engineering
Corporation,a Massachusetts corporation with principal offices located att193 Jefferson
Avenue, Salem MA 01970 ("Contractor") to provide construction of the Grant's Plaza
Repump Station Rehabilitation Project according to the terms and conditions of Bid 04-02B.
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; all documents contained in Bid
No. 04-02B entitled Grant's Plaza Repump Station Rehabilitation (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 therein.
2) The Work
The contractor shall perform all work for the City required by the contract documents
as specified in Bid 04-02B as set forth below:
a) Contractor shall furnish all labor, materials, and equipment necessary for the
construction of improvements including installation of high service pumps, piping,
valves, electrical, instrumentation, site restoration and all other incidentals as
indicated by the drawing and specifications or as required to properly complete
the project as planned.
b) Contractor shall furnish all labor, materials, equipment, tools, service and
supervision necessary to properly complete the project. Installation shall be by a
licensed contractor and crew with at least three years of verifiable full-time
experience with projects of similar nature or dollar cost.
c) Contractor shall cleanup and remove all debris and material created by the work
each day, at the Contractor's expense.
d) 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
i
_Ci of Tamarac ,
T �� '�.......... - - — PUrchasino and Contracts Division
Policies and procedures at the Contractor's expense.
e) 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.
f) 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.
g) 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 & 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 & 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) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than fourteen (14) days after the date that
Contractor receives the official Notice -to -Proceed. The work shall be substantially
completed no later than One Hundred Twenty (120) Days after the date of the Notice -to -
Proceed. All work shall be completed as final no later than Thirty (30) Days after the date
of substantial completion.
5) Contract Lump Sum
The Contract Sum for the above work is Two Hundred Ninety -Two Thousand
Dollars and no cents. ($292,000.00).
City of Tamarac
..... ... - - .. ............Y - _ _..,... - • ' __ Pumhasiaand Contracts Division
6) Payments
A monthly payment/progress payment will be made for work that is completed,
accepted and properly invoiced. 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 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.
8) Warranty
Contractor warrants the work completed against defect for a period of one (1) year
from the date of completion. In the event that defect occurs during this time, Contractor
shall correct any and all defects either by repair, replacement or reaccomplishment as
determined by City. In the event such defects, as determined by the CITY, are not proper)
repaired, replaced or re -accomplished, the CITY shall perform such repairs, replacements
or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for
any damages caused by defect to affected areas or interior of structures.
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 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.
10) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, 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
such provisions shall constitute a maexcept subcontracts for standard commercial supplies or raw materials. Any violation of
terial breach of this Agreement.
K3
City of TamaracAOL
Purchasin
and Contracts 0lvislon
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 consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
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 thR f linwbkm
addresses.
QTY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Arnold Pike, President
2200 N. Federal Highway, Suite 223
Boca Raton FL 33431
PH: 561-394-4345
14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City for
convenience, upon seven (7) calendar 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.
of Tamarac
Purc_........ Contracts Division
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.
15) 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.
16) 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 Browar
County, Florida. d
17) 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.
18) Severabiiity; Waiver of Provisions g
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 r
unenfarceabilitytyithout invalidating the remainingo
he validi
or enforceability of such provisions in any other jurisdiction, The nonrenfo`rceming tent 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 h
This Agreement can be supplemented and/or amended only by a writtendocument
rein.
executed by both the Contractor and the City. ment
City of Tamarac
.._....... .._....... � T 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 Interstate Engineering Corp., signing by and throu h its
President, duly authorized to execute same. g
ATTEST:
�Z... �.
Marion Swenson, CMC
City Clerk
— ih c
Date
e..
CITY OF TAIIAA"C
Jo�eS hreiber, Mayor
c
Date
Jeffrey I_. Mi , C' Manager
/— /!5-- O �
Date:
APp' roved s to
Mitchell S, raft, y A
suff ie y;
l(
ATTEST:
Interstate Engineering Cor oration
Compan ame
(C porate creta ry (Signature of President)
herI Pike
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
M
Arnold Pike
Type/Print Name of President
Date
of Tamarac
-- ---- ��_ Purci►aslnp Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF)"N:SS
:
I HEREBY CERTIFY that on this da b
aforesaid and in the County aforesaid to take acknowledgments, Y, before me, an pft•iCer duly authorized in the State
Arnold Pike, President of Interstate EngineeringCorp.,
known Pi be the persons) described in and who ex 9 ants, is Coro a
p , a Massachusetts Corporation
appeared
acknowledged before me that he/she executed the same. tporation, tome
executed the foregoing instrument and
47 C
WITNESS my hand and official seal this . day of k.
.....JO7HH"y";0MMI01952i X51RF0561-11anrnn,ervees
c
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
TYPO of I.D. Produced
d DID take an oath, or
DID NOT take an oath.
ECKLER ENGINEERING, INC.
CONSULTING CIVIL ENGINEERS
October 13, 2004 "EXHIBIT B"
442.C3 TR #10577
Mr. James Moore, P.E.
City of Tamarac Utilities Department
6001 Nob Hill Road
Tamarac, FL 33321
Dear Mr. Moore:
Reference: Contract Modification Number 1
Grant's Plaza Repump Station Rehabilitation
City of Tamarac PO No: 070740
Enclosed are four (4) copies of Contract Modification Number 1. This Contract Modification is for
an estimated not -to -exceed contract increase of $27,085.31. The Contract Modification covers
replacement of the common 12-inch pump discharge header. During installation of the two (2) new
high service pumps, a leak occurred in the existing 12-inch piping below the floor slab of the pump
building. Upon exploratory excavation, the leak was found at an existing incorrectly restrained joint
at the first 12-inch 450 bend. Upon investigation, the spigot end of the 12-inch pipe was never fully
installed and appears to have had minor leaks over time. This condition was further aggravated
during construction and now requires replacement of the entire 12-inch discharge header.
We are recommending that the corrective work covered by this change order be completed on a
time and materials basis, not -to -exceed the estimated $27,085.31 cost. The contractor will submit
invoices and time sheets for the work to allow for final cost adjustment of this change order.
Please review these documents and if everything meets with your approval, have the appropriate
City of Tamarac personnel sign where indicated on Change Order No, 1. Once these documents
have been approved and signed, please return two (2) signed originals to our office. We will
forward one (1) signed original to Interstate Engineering Corporation for their files.
If you have any questions or require additional information pertaining to this item or the project in
general, please do not hesitate to contact me.
Sincerely,
n+1asK.
I�,J
Douammann, P.E.
Encl.
Y:\Documents\Tamarac\442.C3\Correspondence\442C3.004.wpd
Celebrating our 19th Year of Service to South Florida
4700 RIVERSIDE DRIVE, SUITE 110 954/510-4700
CORAL SPRINGS, FL 33067 Printed On Recycled Paper FAX 9541755.2741
DATE OF ISSUANCE. 10/13/04 CHANGE ORDER NO. _ 1
OWNER: PROJECT
CITY OF TAMARAC NAME:
7525 NW 88' Avenue Repum^Station Rehabilitation
Tamarac, FL 33321-2401 - - —� --mm --- -- --
BID NO.—Q4-02B
PROJECT NO. y2.C1
CONTRACTOR Interstate En sneering_ � r.P� P.O. NUMBER 070740
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL
MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN
THE PLANS AND SPECIFICATIONS:
DESCRIPTION: xi in i ingy from ninnP dischar a to street connection,
relocate electrical relocate water i in replace concrete floor in disturbed
ea. Price uoted is not to exceed va,f
lue
.____ final cost will be less and be based
on a time and materials basis. W __�'-'--�--- -----
PURPOSE OF CHANGE ORDER: Re lace existin i ing and floor which were not properly
in tat ed thirty ears ago to enable the new Pumps and piping to function without
leaks a and underminin of streets or structures.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
_
Original Contract Price Original Contract Time
$ 292 000.00
Previous Change Order No.
to No.
Contract Price prior to this Change Order
Net (Increase) of this Change Order
$ 27,085.31
Contract Price with all approved Change Orders
150 days
Net change from previous change orders
Q
Contract Time prior to this Change Order
150
Net (Increase) of this Change Order
28 days
Contract Time with all approved Change Orders
178
R MMENDED -�_ APPROVED.
BY Y �. /�7G(�t�
Direc Ci Manager
Date ! tJ /� u Date l0
BY 4" el,
Date 10/13/04
551 NW 77th Street • Suite 105 • Boca Raton, FL 33487
(561) 998-4250 • Fax (561) 998-4248
October 13, 2004
Mr. Doug Hammann, P.E.
Eckler Engineering, Inc.
4700 Riverside Drive, Suite 110
Coral Springs, Florida 33067
VIA FACSIMILE: (954) 755-2741 (2 pages)
RE: IEC #0314, City of Tamarac
Grant's Plaza Repump Station Rehabilitation
Floor and piping changes
Dear Mr. Hammann:
As discussed, at the jobsite meeting, there are considerable problems with the existing
piping on the discharge of the pumps below the pump room floor and out to the street
connection. Based upon our understanding of what needs to be done we have put
together an estimate for the work discussed. The estimated cost is $ 27,085.3 L A
breakdown of these costs follows:
Minimum ductile pipe and fittings needed
$ 3,848.00
Additional ductile pipe and fittings
1,535.00
Electrical relocation materials and labor
1,500.00
Materials for PVC water pipe relocation.
500.00
Pipe saddle relocation
500.00
10 yards of concrete @ $85/yard, incl, all charges
850.00
Concrete rebar and ties
200.00
Expendable tools and tool rental
800.00
Backhoe rental one week
895.00
Debris removal and Dumpster
$5Q.40
Labor 250 hours @ $46.00/hour
11,500.00
Subtotal
$22,978.00
15% Overhead
3446.70
Subtotal
$26,424.70
Bond costs 0.025 multiplier
660.61
Total $27,085.31
Corporate Headquarters
193 Jefferson Avenue • Salem, MA 01970
(978) 744-8883 • Fax (978) 744-1792
The minimum ductile pipe and fittings includes the following 12" items: (2) Flg. 90, (1)
MJ 90, (1) MJ tee, (5) meg-a-lug connections, (1) 3' Flg. X PE, (1) 6' Flg. X PE, (1) 17'
PE x PE, and associated hardware, gaskets, tax and shipping.. The additional ductile
pieces needed are dependent upon the location and condition of the existing piping which
is buried. The estimated pieces include: (20 MJ 90, (2) MJ 45, (8) meg-a-lug and
hardware, tax and shipping. This is a not to exceed number, we feel that if all goes well
the actual value can be reduced.
Please contact us if you have any questions.
Sincerely,
INTERSTATE ENGINEERING CORP.
Robert A. Cook, P.E.
Project Manager