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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