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City of Tamarac Resolution (60)
Temp. Reso. #9688 February 13, 2002 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-060 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT WITH PROFESSIONAL PIPING SERVICES, INC., TO PROVIDE FOR PIPING CLEANING AND REHABILITATION IN WESTWOOD SECTION 24, IN AN AMOUNT NOT TO EXCEED $88,711.00; APPROVING FUNDING FROM THE APPROPRIATE BUDGETED UTILITIES OPERATIONAL ACCOUNT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains the water transmission system that serves the Westwood Section 24 community; and WHEREAS, the existing water mains that serve Westwood Section 24 (a copy of which is attached hereto in map form as "Exhibit 1 ") were constructed over thirty years ago and are in need of cleaning and rehabilitation; and WHEREAS, the City Commission of the City of Tamarac has approved capital funding for the Water Main Upgrade (Westwood Section 24) for FY02; and WHEREAS, recognizing that other South Florida Utilities have prepared bid specifications and awarded contracts for piping system cleaning and rehabilitation, the Director of Utilities chose to utilize contract prices from the State of Florida SNAPS program as provided under City Code 6-155; and Temp. Reso. #9688 February 13, 2002 2 WHEREAS, Professional Piping Services, Inc., has offered to extend unit prices under State of Florida SNAPS Agreement Number 9911829-2 to the City of Tamarac for piping system cleaning and rehabilitation with the execution of the "Piping System Cleaning and Rehabilitation Contract No. UW02A-1" (a copy of which is attached hereto as Exhibit 2"); and WHEREAS, the Director of Utilities and the Purchasing/Contracts Manager recommend the acceptance and execution of this contract; 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 Piping System Cleaning and Rehabilitation Contract No. UW02A-1 with Professional Piping Services, Inc., for the cleaning and rehabilitation of the Westwood Section 24 water mains for a proposed amount not to exceed $88,711.00 and to provide funding from the appropriate budgeted 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. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the Piping System Cleaning and Rehabilitation Contract No. UW02A-1 with Professional Piping Services, Inc., to provide piping system cleaning and rehabilitation services for the water mains located in the Westwood Section 24 community, for a proposed amount not to exceed $88,711.00. SECTION 3: The $88,711.00 is approved to be funded from the appropriate budgeted Utilities Operational account. 1 1 Temp. Reso. #9688 February 13, 2002 3 SECTION 4: 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 contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. 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. SECTION 7: passage and adoption. Temp. Reso. #9688 February 13, 2002 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. K CITY ATTORI' REG/SL/mg 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aloe, DIST 1: COMM. PORTNER A yel DIST 2: COMM. MISHKIN Aye, DIST 3: V/M SULTANOF Alves DIST 4: COMM. ROBERTS A-yel 1 11 1 EXHIBIT 1 P.S. #3 SITE C14/CYPRESS CREEK CANAL LOCATION SANIBEL u -j u z '7lip 4 --"'80 CT TR6 Li ui Q� m TR12 Q- x Li EXETER z LLJ cn Ld Lo 1 0 < LAJ X. z u CONC TRENT *a CL TR14C u L- SAND z OLL Li Li TR13—A LOMBARDY TR3 EXET /R PT. R. PK. R2 \1 oc > x ID :R %�/j��r cz LD LAND SEC, 4TIiOUS%�!/%%%6 ROCKFORD Q TR28 LLJ Li LE .F CD CD GRANVILLE TR15B SEDGEFIELD GR e L X TR16 /////TOP7 X/ T R 15 EVANGELICAL x %CHURCH COVENANT ca z Z TR33 KINGS PT, z C3 E3 > > Li > Z PROF. PLAZA Li p LJ FAIRF X y-:�fi; State Negotiated Agreement Price Schedule- - To be completed by the Vendor ' SNAPS II Title: _ Level One Period j Level TwoPeriod 1 Level Three Period Level Four Period - Federal Employment Identification or S.S. Number _ ,5975231 Aa No. No. ' SPURS No. FS9 ull88-Mt ' Vendor Name Professional Piping Services, Inc. Vendor Mailing Address Pn Box 7337 'City Zephyrhills, ' State Florida ' Telephone Number 813-994-0032 ' Internet Address ' Zip 33543 ' Toll -Free Number 800-780-"8 • E-mail Address ppsinc@gte.net ' Area to be Served State of Florida ' Fax Number ' Warranty N/A 110 2. 3. 4. 5. 813-907-M2 PURPOSE: Under authority of Section 287.001)(a) and (2)(a), the purpose of this proposal is to establish a negoti- ated agreement for commodities or services that are not available from a State Term Contract. The agreement will provide State Purchasing an opportunity to evaluate, assess and determine the need, benefit and value of commodities or services, and the feasibility of establishing state term contracts, through the competitive process. The agreement will free eligible users from the necessity of obtaining competitive quotations for a single purchase of commodities/services totaling less than Category II. The agreement does not exempt eligible users from the competitive bidding processes described in section 287.F.S. for commodities/services over the amount of Category 11. Eligible users are state agencies, federal agencies, counties, municipalities, and institutions qualified pursuant to 240.605, F.S.; private non-profit community transportation coordinators conducting business related solely to the Commission for the Transportation Disadvantaged qualified pursuant to A27 F.S. The establishment of this agreement does not constitute an endorsement of the 'products or services by State Purchasing. SNAPS 11 agreements are not exclusive and other vendors may offer similar products and services. Usage of SNAPS II by state agencies is not mandatory. Vendors and agencies using SNAPS II have other purchasing alternatives available. These purchasing alternatives are defined in Chapter 287.F.S. ORDERING LIMITS: State agencies may issue single purchase orders up to Category II, and total cumulatively up to CATEGORY IV in an agreement year. Total agency -wide acquisitions during the each year of the agreement shall not purcha exceed the threshold amount on Categ sirs of each purchaIV, except that anguoffice nthat maintains full-s by agencies withlime purachasn g staff. sing functions shall beconsideredthe PRICES, TERMS AND PAYMENT:dIdir Therices vendo all ameffand address shown all onai v'og es mustnbe identical to thing e es and delivery unless otherwise vendor's name and address on the purchase order. (a) Taxes: The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See tax exemption number on face of purchase order or agreement form. This exemption does not apply to purchases of tangible personal property in the performance of agreements for the improvement of state-owned real property as defined in Chapter 192, Florida Statutes. b) Invoicing and Payment: The vendor shall be paid upon submission of properly certified invoices to the purchaser at 6. the prices stipulated on the agreement at the time the order is placed, after delivery and o dernumbe and he, less is deductions if any, as provided. Invoices shall contain the agreement number, purchase Federal Employer Identification Number. An original and three (3) copies of the Invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment. (c) Interest Penalties: Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the vendor's rights and the State agency's responsibilities concerning interest penalties and time limits for payment of invoices. (d) Vendor Ombudsman: Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, purchase order or agreement specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F.S., will be due and payable, in addition to the invoice amount, to the vendor. To obtain the applicable interest rate, contact the agency purchasing office. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State ag1 cy. Th 8- Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 3792. State Purchasing shall review the conditions and circumstances surrounding non-payment, and unless there is a bona fide dispute, State Purchasing may, in writing, authorize the agreement supplier to reject and return purchase orders from said agency until such time as the agency complies with the provisions of Section 215.422, F.S. (e) Annual Appropriations: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. (f) Price Reductions: Reductions in price shall be effective upon receipt of written 'notification to the State Purchasing Office and shall remain in effect for the balance of the agreement term, unless further reduced by the vendor. In the event the vendor announces a price reduction on any commodity or service on the agreement prior to the accep- tance of the commodity or service, such price reduction shall be made available to the purchaser. (g) Sales Promotions: It is understood that sales promotions may occur during the term of the agreement that will lower the prices of some products for the period of the sales promotion. Any such reduction shall appear on the using agency invoices. State Purchasing must be notified of these promotions. (h) Sales pricing shall be made available to all users of the agreement, with the exception of sale pricing involving education prices for microcomputers. Sales promotions shall be documented in writing by the vendor to the State Purchasing Office. The vendor shall specify start and ending dates of the sales promotion. The State Purchasing Office will not accept sales promotions specifying limited quantities or closeouts. (i) Agreement Amendments: In the event it becomes necessary to delete products or'services from this agreement, the agreement holder must provide, with the amendment request, a complete, revised price list. If new products/services are added, a complete, revised price list with an asterisk designating the new product/service and the date they were added to the agreement must be submitted. This information must include copies of invoices and technical documentation, or certification of why invoices or copies of purchase orders are not available. 0) Quantity discount: Vendor is urged to offer additional discounts for one time delivery of large single orders of any assortment of items. VENDOR SURCHARGE FEE AND SUMMARY OF agreement. TOTAL TAheEfee willtbe paid by thee Purchasing evendoreby r1andemust bs a e Vendor surcharge user fee on vendor's included in prices offered and cannot be added as a separate item. After receipt of payment from the agreement purchases, all surcharge fees in shall be payable to the State of Florida no later than 15 days after the end of each quarter. Amounts of $50 or less ma carried over to the next quarter and forwarded to the State of Florida, when the cumulative amount for t; t , is $ v"'. greater. fitted to: Vendor surcharge fee and agreement number should be.noted on thZatick(�oc� dd State of Florida 2 of 9 Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Agreement vendor shall furnish State Purchasing 9 Bd submission of these se Sales Setailed summary of sales at ummaryend oreports and corresponding f each quarter on the es Summary Report" provided by State Purchasing. y surcharge deposits, the vendor is certifying their correctness. All such reports and fee deposits shall be subject to audit , vendor's name, and the total of by the State of Florida. Sales summary shall include SNAPS 11 agreement number(s) each commodity/service provided. Funilateral cancellation of your agreement by State Purchas- ailure to comply with these requirements may result in the ing. orida, State Purchasing is 7. INTERNET HOME PAGE: This agreement will bee Intern ome etuWor d Wide blic nWebt. h(WtWW)ate f toldistribute SNAPS II agree - using the Florida Communities Network (FC ) on ments and product information to eligible users. evelop and While not required at this time, each agreementsvendor with the mosgrecented to dversion of b owserasoftwarin a Oe be ng used bME PAGE on ye Internet WWW The Home Page must be comprd. The State State Purchasing. At this time Netscape Navigator 3.0tas they become availhe State PurchasingOable and fully testedaat its discretion. Purchasing Office may upgrade to new browsens, ME PAGE must be listed in the space provided on the Order - The Universal Resource Locator (URL) for the INTERNET HO ing Instructions page. ented a purchasing card 8. PURCHASING CARD PROGRAM: The State of Florida es by plem urchas ng card in thesame manner as other V sa gram, using the isa platform. Vendors will receive payment from state age y the P purchases. Visa acceptance is mandatory but Ordering a exclu I nstrsave echoion of payment.. Please indicate your ability to accept Visa in the space provided on the a rida g. CONFLICT OF INTEREST: The sward n officer,der is subject diectoror agent who is also an employeelofltheoStates Proposers must disclose the name of any Florida, or y any of its agencies. Further, all proposers must disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the proposer's f rm or any of its branches. sed which 10. GOVERNMENTAL RESTRICTIONS: In the event any governmental 'rce oftthe items offered ions may be on this agreement prior necessitate alteration of the material, quality, workmanship or performance to their delivery, it shall be the responsibility of the successful reserves the righter accept any such alteratto notify the buyer at ion, including any pricefic regulation which required an alteration. The State . adjustments occasioned thereby, or to cancel the agreement at no further expense to the State. e at on ss otherwise pro- 11. INSPECTION, ACCEPTANCE AND toTIaLEll emsphallon and be the acceptance spons'bility ofbhe s pplierau'ntil acceepted by the order- vided. Title and risk of loss or damage ing agency, unless loss or damage results from all damage claimligence by the s rdering Howevergto assist him in the expedPtious halndling of ency. The agreement responsible for filing, processing and collecting do damage claims, the ordering agency will: record any e on all he delivering Bill of Lading; report damage (Visible and Concealed)tothe carriersand supplier, copies t confirmingsuchreports, in wringer s e carrie ct the amaged item and its within 15 days of delivery, requesting that thr untPenspecuon is performed by cardriertandtd sposit on g ven shipping container, including inner packing ma erial by the supplier; provide the supplier with a copy of the carrier's Bill of Lading and damage inspection report. 12. SERVICE AND WARRANTY: Unless otherwise specified, the proposer shall define any warranty service and must explain on an attached sheePloce- ments that will be provided during and subsequent to this agreement. Proposers what extent warranty and service facilities are provided. 13. LIMITATION OF REMEDIES- Vendor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of � adjustment or Pepairof the machine or rlicensed eplacemen�ofaits s) furnished under this Agreement, the States remedy is (a) the a or correction op parts by Vendor, or at Vendor's option, replacem actof he machine or ar placement machine( modesrogrmming upgrade o featu ebinfgootdr repeated efforts, Vendor is unable to install the mhineas working order, or to restore it to good workiingorder, et forth nth s Special Condi�onrFor peateanly other mdconcerningsha ll be entitled to recover actual damages to the performance or non-performance by Vendor pursuant to, or in any other way related to the subject matter of, this ll be entitled to recover actual damages to the limits set forth Agreement or any order under this Agreement, the State sha in this Special Condition. , If this agreement r the purchase of hardware maintenance services, then the following shall apply: Vendor's entire is f liability and the for exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form mited to actual damages up to the greater of action, whether in agreement or in tort including negligence, shall be li $100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 26 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A- 1.006(4) entitled "Default', or t Veclaims by ndor's negligence St e for tortuous al injury or damage to real property or tangible personal property caused y If this agreement is for purchase of software maintenance services, then the following shall apply: Vendor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in agreement or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agree- ment that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The forego- ing limitation of liability will not apply to (a) claims for reprocurement costs or the cost of cover pursuant to State Pur- chasing Rule 60A-1.006(4) entitled "Default, D bt',1 or to Vendo(b) claims by toe State ofor us personal injury or damage to real prop- erty or tangible personal property y If this agreement is for services other than hardware or software maintenance, then the following shall apply: Vendor's entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in agreement or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default,".or to (b) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Vendor's negligence or tortuous conduct. uisition of licensed programs, including personal computer licensed programs, then the If this agreement is for the acq following shall apply: Vendor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of licensed programs furnished under this Agreement, the Slate's remedy is (1) the correction by the Vendor of licensed program defects, or (2) if, after repeated efforts, the Vendor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any her claim matter of this Agreementcerning perfothe Stateoshallll be entitled to recoveby r actual damages toVendor pursuant otherin limits any way related to, the subject set forth In this section. Vendor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in agreement or in tort including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Vendor. This limitation of liability ill not apply to (a) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default," or to (b) claims for personal injury or damage to real or tangible personal property caused by the Vendor's negligence or tortuous conduct. Vendor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Vendor's tortuous conduct in the performance of this Agree- ment provided that, (a) the State promptly notifies Vendor in writing of any claim, and (b) Vendor shall be given the opportunity, at its option, to participate and associate with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Vendor agrees at the initiation of such rcla a1edtVendor lemenhnetgotiationa,hold the State and (c) the State fully eoopeaatesor shall with Vendor in sole control of tht, defense, ., ,al and any the defense of any claim. In no event, however, will Vendor be liable for (a) any damages caused by the Slate's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Vendor has been advised of the .possibility of such damages, or for (c) any claim against the State by any other party, or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. �14. YEAR 2000 COMPLIANCE WARRANTY For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and pur- gated to provide maintenance service are, and in the future, will be, Year chased by the State, for which Vendor is obli 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates: function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty al ethat define hin, and subject to, the terms and limitations of any general warranty provisions of this agreement, provided standing any provision to the contrary in such warranty provision(s), or in the absence of any such warranty reto Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's provision(s), defects in the Product with r tate. Vendor cannot be held responsible for errors resulting cost within a timeframe mutually agreed upon with the S from devices or systems external to this agreement which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed Year 2000 perrights formance. 9manoor remedies the.State may otherwise have under this agreement with respect to defects other than 15. YEAR 2000 REMEDY CLAUSE In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being of the essence. 16. RESELLERS All products offered under this agreement will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accept- ing date input, providing date output, and processing dates: function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software hich developer, which meets all the warranty requirements gRese lertshayl be responsiblethe State, and vfor warralnty assuranlcether assistance, 'es provided enforcement by the manufacturer or software develop . and any other actions or remediation, required to satisfy warranty requirements. 17. TRAVEL EXPENSES AND WORK TIME: Travel expenses will be paid pursuant to the provisions of Section 112.061, Florida Statutes. Friday, excluding holidays, during the normal work hours of the client's office Services will es provided Monday through at the Florida Hourly Rate per person. 18. SAMPLES: Samples of items, when requested by State Purchasing, must be furnished free of expense, within ten (10) working days of request, and if not destroyed by testing procedures may, upon request, be returned at the proposer's expense. Each individual sample must be labeled with proposer's name, manufacturer's brand name and number, agreement number and item reference. Request for return of samples shall be accompanied by instructions, which Include shipping authorization and name of carrier. If instructions are not received, the commodities shall be disposed of by the State of Florida. 19. DEFAULT: Items or services not delivered as per delivery date in proposal and/or purchase order may result in proposer being found in default in which event any and all reprocurement costs may be charged against the defaulting vendor. Any violation of these stipulations may also result in: (a) Supplier's name being removed from State Purchasing's vendor mailing list. (b) All State departments being advised not to do business with the supplier without written approval of State Purchasing until such time as the supplier reimburses the State for all reprocurement and cover costs. (c) Unilateral cancellation of vendor's SNAPS II agreement. 20. LEGAL REQUIREMENTS: Applicable provisions of all Federal, State, county and local laws, and of all ordinances, . rules, and regulations shall govern development, submittal and evaluation of all proposals and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the State of Florida, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. 21. ASSIGNMENT: Any Agreement or Purchase Order issued pursuant to these negotiations and the monies, that may become due hereunder are not assignable except with the prior written approval of the purchaser. 22. LIABILITY. The vendor shall hold and save the State of Florida, its officers, agents, and employees harmless against claims by third parties resulting from the vendor's breach of this agreement or negligence. 23. FACILITIES: The State reserves the right to inspect the proposer's facilities at any time with prior notice. 24. RENEWAL: Renewal of the agreement period shall be by mutual consent in writing in accordance with the following requirements: Initial year (Level 1): Sales at the end of the first year must be a minimum of $25,000 to be considered for renewal. However, if sales at the end of the first year are less than $25,000 but more than $15,000, the agreement may be renewed if the vendor provides sufficient written justification; e.g. copy(ies) of purchase order(s) recently issued, letter(s) from prospective purchasers indicating an intent to issue a purchase order, etc. If the $15,000 milestone is not met, and justification not provided, the agreement will be terminated and the vendor may not apply'for another SNAPS II agree- ment for an identical or similar commodity or service. Second year (Level 2): Sales at the end of the second year must total a minimum of $50,000 for the year to be consid- ered for re -negotiation. If the $50,000 milestone is not met, the agreement will be terminated and the vendor may not apply for another SNAPS II agreement for an identical or similar commodity or service. Third year (Level 3): Sales at the end of the third year must total a minimum of $150,000 to be considered for renewal. If the $150,000 milestone is not met, the agreement will be terminated and the vendor may not apply for another SNAPS II agreement for an identical or similar commodity or service. Fourth year (Level 4): Agreement will terminate at the end of the fourth year and vendor may not apply for another SNAPS 11 agreement for an identical or similar commodity or service. If there has been a general increase of prices throughout the industry, confirmed by a certified letter from the vendor, the State reserves the right to accept an increase, not to exceed four (4%) percent of current net agreement pricing for each additional year of the renewal period. Vendors and agencies using SNAPS II have other purchasing alternatives available. These alternatives are defined in Chapter 287.F.S. 25. CANCELLATION: This agreement may be cancelled in whole or in part by either party by written notice to the other party. The effective date of the cancellation will be as stated in the notice or on the date of receipt, if the notice does not specify a date certain. However, if the vendor cancels the agreement prior to expiration date of the original term, they cannot reapply before the agreed to expiration date of the original agreement. 26. PATENTS AND ROYALTIES: The vendor, without exception, shall indemnify, hold and save harmless the State and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or un-patented invention, process, or article manufactured or supplied by the proposer. The vendor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by vendor or is based solely and exclusively upon the State's alteration of the article. The State will provide prompt written notification of a claim of copyright or patent infringement and will afford the proposer full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending the vendor may, at its option and expense procure for the State the right to continue use of, replace or modify the article to render it non -infringing. If none of the alternatives are reasonably available, the State agrees to return the article on request to the vendor and receive reimbursement,. if any, as may be determined by a court of competent Jurisdiction. If the vendor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the proposed prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved with the work. 27. PUBLIC RECORDS: Any material submitted will become. a public document pursuant to Section 119.07, Florida Statutes. This includes material, that the vendor might consider to be confidential, or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Florida Statutes. 28. PRICE SCHEDULE: The integrity of the approved price schedule must be maintained at all times. The penalty for violating the approved price schedule is immediate cancellation by State Purchasing. 29. ORDERING INSTRUCTIONS: Proposers must include complete and detailed ordering instructions, including their Statewide Purchasing Subsystem (SPURS) vendor number for invoicing dealers, on the form provided. A vendor must be registered with the Department of Management Services (have a SPURS number) before a SNAPS II agreement is established. 30. NOTICE TO VENDOR: The employment of unauthorized aliens by any vendor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. if the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the agreement. 31. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a convic- tion for a public entity crime may not submit a proposal for an agreement to provide any goods or services to a public entity, may not submit a proposal for an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY II for a period of 36 months from the date of being placed on .the convicted vendor list. 32. RESPONSIBILITIES: (a) Prior to award, the vendor must provide copies of invoices or purchase orders of the commodity or service being offered, or certification why invoices or purchase orders are not available. (b) The vendor must provide an original quality, or legible and scannable, copy of the price sheet with an effective date with this application. 7 of 9 Note: All orders should be directed to: Spurs vendor number: F59252318$-001 _ Vendor:--Q�-p'DinQ Serviced nc -- — Street address or P.O. Box: —EQ_fty7 — -' - — City, State, Zip:--&Pbubius, EL 33543 _ — Telephone: 813-944—M32 _-------- -- Toll free no.: 800-780-6W8-- Ordering fax no.: 813-907-0902 - — — --- Website address: Delivery: Delivery will be made within 7 days after receipt of purchase order. Terms: 100 % Net 30 Days Product information: Direct inquiry to: Name and title: Roger M Cimbora - General Mnaa Address: PO Box 7337 City, state, zip: Zephyrhills, FL 33543 Telephone: 813-994-W32 Toll free no: 800-780-6098 Internet address e-mail address: ppsinc@gte.net Description of product/ service offered: Potable water/fire protection pining systems cleaning services Wastewater piping system cleaning services Piping systems cleaning a ui nt piping systems poly pigs and poly pig equipment Will accept the State of Florida Visa purchasing card Will not accept the State of Florida Visa purchasing card 8 or 9 Certification and Signature page I certify that this agreement is made without prior understanding, or connection with any corporation, firm, or person submit- ting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the proposer and that the proposer is in compliance with all requirements, including but not limited to certification requirements. In submitting a pro- posal, the proposer offers and agrees that if the proposal is accepted, the proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the proposer. (Please Type or Print) Name of company: Professional Piping Services, Inc. Address: PO Box 7337 Zephyrhills, FL 33543 Phone: 813-994-0032 Fax no.: 813-907-0902 Spurs no.: F592523188-001 1 have read and completed this is to the best of my knowledge Authorized Signature (Manual) Authorized Signature (Typed) Ro r M Title: General Mana r Date: Authorized Signature Date Icument and attest that all of the information ie and accurate. is For DMS Use Only PUR 7106 (Revised 11 /99) 9 of 9 PROFESSIONAL PIPING SERVICES, INC. The Piping System Cleaning Specialists Certified Underground Utility Contractor License No. CU-0055717 PRICE AND PAYMENTS: A. Price is based on quantity of pipe not less than that shown in this proposal. B. Measurement will be by the linear foot along the axis of the pipe. C. All stated prices and terms will remain in effect for thirty (30) days from the date of this proposal. D. Full payment is due, and payable at our office in Zephryhills, Florida net ten (10) days, from the date of invoicing. Overdue accounts are subject to an interest charge of 1.5% per month. E. Invoice will include all applicable taxes. If you are Sales Tax exempt, the State of Florida requires that you submit to us a certificate showing your business name, location address, reason for exemption, tax number, and signature of authorized agent. This exemption certificate must be submitted with your purchase order or at the time of contract. 2. Professional Piping Services would prefer to find this system in good working order as detailed and outlined, However if delay occurs due to the system being inoperable, such as but not limited to, inoperable or "lost" valving, failure of the integrity of the system or other system related problems, then this will constitute a negotiable extra. 3. Professional Piping Services is not responsible for any breaks, cracks or damages forthcoming from those breaks °or during the cleaning operations and that are not direct result of the cleaning operation. 4. Professional Piping Services is not responsible for any changes, claims or demands due to any alleged neglect or default on our part unless written notice thereof shall have been delivered to us within ten (10) days after the alleged occurrence of said neglect or default. We shall not be responsible for any charges for work performed or materials furnished unless ordered in writing and receipt thereof acknowledged by our authorized representative. We hope that this proposal meets with your approval. If you have any questions, please feel free to contact me. Cordially, PROFESSIONAL PIPING SERVICES, INC. Roger M Cimbora General Manager P. O. Box 7337, Zephyrhills, Florida 33543 E-mail: ppsinc@gte.net 13) 994-0032 (800) 780-6098 FAX (8 13) 907-0902 Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Two Professional Piping Services, Inc., participates in the Florida State Negotiated Agreement Price Schedule, (S.N.A.P.S. II) for providing piping systems cleaning services. Our SNAPS II number is 9911829-2. The purpose of this program is to establish a negotiated agreement for the purchase of commodities or services by all state of Florida agencies and other eligible users, on an expedited basis. This proposed work and costs clearly qualifies for this program. Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Three For this fee, Professional Piping Services, Inc., will provide, with the exception of those items noted elsewhere in the proposal, all supervision, labor, tools, material and equipment necessary for the proper cleaning and flushing of the water mains including; 1. Proper, knowledgeable and experienced supervision of the entire cleaning project. 2. Furnish on site and project in progress training to the City of Tamarac personnel to provide for possible future remedial cleaning or to implement a proper flushing program. 3. Professional Piping Services, Inc., personnel are trained and accredited to be in compliance with OSHA 29, CFR 1910.120, Health and Safety Training. 4. As required by the State of Florida, Professional Piping Services, Inc., is certified and licensed by the State of Florida as an Underground Utility Contractor, License number CU-0055717, to provide this type of service. It should be noted that compliance with Florida Statute 489, requires that this work must be done by a state certified Underground Utility Contractor. 5. As required, Professional Piping Services, Inc., personnel are in compliance with the Drug -Free Workplace Program in accordance with Florida Law, Chapter 287.087, and the Florida Worker's Compensation Standard. TOOLING AND EQUIPMENT 6. Professional Piping Services' poly pigging apparatus, to be installed and removed upon completion of the project. 7. Professional Piping Services, Inc., will have on site and available for immediate use, at no charge or expense, an inline poly pig electronic detector device. This instrument can be inserted into a specialty fabricated poly pig which once in the system, can be used for tracking the piping system or locating specific inline areas. After review and discussion of its Potential use, the decision to use it will be solely at the discretion of the client or its authorized representative. If this device is used, then the following charges will apply; Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Four a) Use of electronic device $400.00 per day or part thereof. b) Use of specialty poly pig, cost to be determined by the size of the poly pig used. c) Any labor provided by Professional Piping Services, Inc., in conjunction with the use of this device will be charged at the rate of $250.00 per hour or part thereof. For daily time exceeding 8 hours or for this work performed on holidays or weekends, the hourly charge rate will be $325.00. 8. Standby charge rate. If Professional Piping Services, Inc., work forces cannot perform their assigned tasks due to causes outside their scope of work or sphere of responsibility, then a standby charge rate for supervision, labor, tooling, equipment and vehicles of $300.00 per hour will apply. SCHEDULE 9. Maintain an eight (8) hour daylight work schedule. 10. Anticipated time for the work to be performed 8:00 am to 4:00 pm. CONSUMER RELATIONS 11. Provide the necessary data and procedures required to implement a consumer notification program. These project proven procedures will minimize or possibly eliminate consumer related concerns. STANDARDS 12. Radio communications, necessary and required. 13. Job site transportation. 14. Auxiliary centrifugal pumps for cleaning. 15. Sanitize and disinfect the system upon completion of the cleaning of the system or portions of it as per the A.W.W.A. Specifications #651. Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Five REPORTS/SURVEYS 16. Provide a report upon completion of the cleaning program to outline and detail information acquired during the cleaning process about the system or confirm existing information. 17. Perform flow test prior to and upon completion of this cleaning operation to provide comparable data for assessment. 18. Provide adequate insurance coverage which includes; a) Comprehensive General Liability ($1,000,000 each occurrence with a 2,000,000 aggregate.) b) Worker's Compensation Insurance. c) Automobile Liability Insurance ($1,000,000 each occurrence.) d) Contractors Pollution Control Liability ($250,000. each occurrence with a $250,000 aggregate) 19. This quote is based upon information available or provided to Professional Piping Services, Inc., at the time of this submitted proposal and reflects our understanding of the project requirements, procedures and costs as known at this time. These factors may be subject to future clarifications and/or modifications, which can results in alterations of the project requirements, procedures and quoted costs. Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Six City of Tamarac will be required to provide without cost or delay to Professional Piping Services, Inc., the following; 1. Cleaning and flushing media (water) at no expense to Professional Piping Services, Inc., within reasonable distance of where it is to be used. ACCESSIBILITY 2. Accessibility to the pipeline at the points designated by Professional Piping Services, Inc., (and facility, during the pre -project survey) if necessary or required. This would include excavations, restoration of excavations, and piping or fittings required for access to the piping. Please see item number thirteen. EXCAVATIONS 3. If required, all labor, materials and equipment for excavations required to provide access one (1) foot below the pipe and restoration of the, area after completed operations. 4. If required, sheeting and bracing and maintenance of all excavations to prevent accidents, cave ins, or breaking of the ground outside of the excavation area. VALVING LABOR 5. Accurate plot and/or system diagram, detailing all valves and appurtenances. The valve would be required to be operated in a full open and a full closed position prior to Professional Piping Services' mobilization. 6. Sufficient labor and supervision necessary or required to assist Professional Piping Services, Inc., for the duration of the cleaning operation with valve operations, dismantling and restoring of fire hydrants if they are to be used or cleaning in this operation, and in operation of the system. . M. Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Seven STANDARDS 7. All permits required for the proper conduct of the work, including legal permission to enter or cross private property where necessary to secure access to the work. 8. Notification of work schedule to all water customers affected. 9. Barricades, lights and other items that may be required to conform to existing safety and traffic regulations. 10. Proper disposal of the discharged water and effluent resulting from this cleaning operation. 11. Vehicle access to work site. 12. Although the total volume of solids, sand, silt, etc., to be removed from this system cannot be accurately. ascertained at this time, standby provisions should be made to collect and dispose of the accumulated contents of this system if that need arises during the course of the cleaning operation. 13. Professional Piping Services, Inc., anticipates that the following will be provided by others, (see accompanying list) . Mr. John Doherty Quote #0102-1376 January 18, 2002 Page Eight SITE RE QIREMENTS Six-inch tees, installed looking straight up, with caps or plugs downstream of the existing inline valve at a site convenient point at. 1. Southgate Blvd., and street on extreme east, (100?) 2. Southgate Blvd., and 103rd Avenue 3. NW 80 St., and 103rd Avenue 4. NW 80th St., adjacent to Waterway 5. At the 6X4 connection west of 103rd Avenue 6. For area east of 103rd Ave., 3 tees are required Four -inch tees, same requirements as the six inch at 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 102nd Way and 101 Avenue Four -inch connection at 103rd Avenue Four -inch connection at 102 Way, connection to 6" Four -inch to Cul-de-sac Four -inch to Cul-de-sac 4X6 at 103rd Avenue 4X6 at end of this run 4X6 adjacent to the above system 4X6 adjacent to the above system 12X4 connection NW 80th Street 6X4 due north Two more at sites with location awaiting identification For the area east of 103rd Avenue 5 required Hydrant exiting points for all of the six-inch cleaning on the eastside, three as presently planned the four remaining hydrants in this area are not planned to be used at this time. To comply with the Cities requirements, each fire hydrant to be used as an exiting point for the piping system cleaning process will be. 1. Temporarily removed in its entirety 2. Temporary restrained piping will then be attached to the hydrant leg piping and piped to the appropriate City selected disposal point, i.e., storm or wastewater drain or other comparable acceptable site. 3. Upon completion of the cleaning the hydrant will be restored, appropriately restrained or thrust blocked and returned to service. A -COMP. CERTIFICATE OF LIABILITY INSURANCE CSR DD DATE(MM/DD/YY) PRODUCER Oakes & Associates Insurance 4111 Land 0' Lakes Blvd. #108 Land 0' Lakes FL 34639 PROFS-1 02 15 02 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 COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Donald DeGain Phone No. 813-996-4111 Fax No. COMPANY A Auto Owners Insurance Co INSURED COMPANY B Colony Insurance Company Professional Piping Serv.Inc. Roger M. Cimbora COMPANY C Zenith Insurance Company P.O.Box 7337 -- COMPANY D Zephyrhills FL 33543 COVERAGES THIS IS TO CERTIFY THAT 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) OMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 X B COMMERCIAL GENERAL LIABILITY CLAIMS MADE •• I OCCUR ACC197296 01/11/02 01/11/03 PRODUCTS - COMP/OPAGG $ 1000000 PERSONAL & ADV INJURY $ 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ 1000 AUTOMOBILE LIABILITY A ANY AUTO 95-433-991-00 1/02/01 05/02/02 COMBINED SINGLE LIMIT $ 1000000 X ALL OWNED AUTOS SCHEDULED AUTOS Vendor. �� / �n . IY(�/r.CNI1-6k / /�j�7 fjJ(j� BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS i ate of Review: I" J cceptable BODILY INJURY (Per accident) $ $ PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO U LACceptable eficien s NotBelow) e D AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT $ — AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM uu'rized Signature EACH OCCURRENCE $ AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ORS L M TS JOT ER EL EACH ACCIDENT $ 500000 L+ INCL PARTNERS/EXTHE ECUTIVE PARTNERS/EX EC UTI V EF1 Z05-02495-97 01/01/02 01/01/03 EL DISEASE - POLICY LIMIT S500000 OFFICERS ARE: EXCL Z05-02495-97 01 01 02 01 01 03 1 EL DISEASE- EA EMPLOYEE $ 500000 B OTHER Enviromental Liab. CP 202117-01 05/03/01 05/03/02 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS Ap0t !as CERTIFICATE HOLDER CANCELLATION rrAMARAL. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Tamarac Attn: Scott London EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6001 Nob H111 Rd. BUT FAILURE TO MAILS NOTICE SHALL IMPOSE NO OBLI OR LIABILITY Tamarac FL 33321-2401 OF ANY KIND UPO HE COMPA , ITS AGENT R ES A I AUTHORIZED REPRE TATIV ACORD 25-S (1 /95) Donald DeG ©ACO 0 PORAT 1988 A CORDn CERTIFICA� OF LIA$II�IT� 'NN(� DATE (F1M/DU/YY) PRODUCER Oakes &Associates Insurance y 4111 Land 0' Lakes Blvd. #106 Land 0' Lakes FL 34639 02/27/02THIS 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 COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Daniel W. Watson PhuneNo. 813.996.4111 Fax No. COMPANY A Auto Owners Insurance Co INSURED COMPANY B Colony Insurance Company Professional Piping Serv.Inc. Roger M. Cimbora COMPANY C Zenith Insurance Company P.O.Box 7337 COMPANY D Zephyrhills FL 33543 COVERAGES < THIS IS TO CERTIFY THAT 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER ACC197296 POLICY EFFECTIVE DATE 04M/DD/YY) 01/11/02 POLICY EXPIRATIO DATE QKM/DD/YY) 01/11/03 LIMITS GENERAL AGGREGATE S _2_000000 PRODUCTS •COMP/OP AGO $ 1000000 B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X PERSONAL & ADV INJURY S 1000000 OWNER'S &CONTRACTOR'S PROT EACH OCCURRENCE S 1000000 —� FIRE DAMAGE (Any ore fire) S 50 00 M ED EXP (Anyone person) $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 95-433-991-00 11/02/01 05/02/02 COMBINED SINGLE LIMIT hf ��� 100�,11,01 ~� X BODILY INJURY (Per person) ''7 4 $ l.� -✓ f S X BODILY INJURY (Per accident) s- X PROPERTY DAMAGE 11—GAARAGE LIABILITY ANY AUTO --j AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT $ 71 AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE S S -- — WORKERS COMPENSATION &NM EMPLOYERS' LIABILITY WC STATU- OTH.-, RY LIb IT ER EL EACH ACCIDENT $ 500000 C THE PARTNE SIEXE U INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER Z05.02495-97 Z05.02495-97 01/01/02 01/01/02 01/01/03 01/01/03 EL DISEASE - POLICY LIMIT _ 1 500000 EL DISEASE. EA EMPLOYEE s 500000 B Enviromental Liab. CP 202117-01 05/03/01 05/03/02 DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLMSPECIAL ITEMS he Ci y pf T m ra s listed as additional enera Liabi�iy �o�icy. insured on the CERTIFICATE HOLDER CAfiCiLA'iOPt The City of Tamarac Purchasing Dept. Attn:Albert Cohen ALLCAPS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 7525 N.W. 88th Ave. Tamarac FL 33321 BUT FAILURE TO MAIL SUCH ISOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANT KUMUPON THE COMP AGENTS OR REPRESENTATIVES. ACORD 257S (1/95) AUTIIORIZED REPRESENTATIVE Daniel W. Watson (/v . CO CQRPQItATION 1988 AGREEMENT BETWEEN THE CITY OF TAMARAC AND PROFESSIONAL PIPING SERVICES, INC. CONTRACT NO. UW02A-1 THIS AGREEMENT is made and entered into this 13 day of M,VO) , 2002 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Professional Piping Services, Inc., a Florida corporation, with principal offices located at P. O. Box 7337, Zephyrhills, Florida 33543 (the "CONTRACTOR") to provide for the cleaning and restoration of piping system for Utilities Project No. UW02A-1. 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 State Negotiated Agreement Price Schedule (SNAPS Agreement #9911829-2) (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 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 set forth below: a) The work of this contract consists of cleaning and restoration to maximum flow capacity the Eastside of the selected area, 103'd Avenue, bounded by Southgate Boulevard, and NW 80th Street, 9,000 plus or minus linear feet of 6" and 4" CIP potable water and fire protection piping; and Westside of the selected area, 103rd bounded by Southgate Boulevard, and NW 80th Street, 7,200 plus or minus linear feet of 6" and 4" CIP, potable water and fire protection piping. b) CONTRACTOR shall provide all supervision, labor, tools, materials and equipment necessaryfor the proper cleaning, flushing and disinfection (in accordance with AWWA specification #651) of the water mains including: proper knowledgeable and experienced supervision of the entire cleaning project and furnish on site and project in progress training to the City of Tamarac personnel to provide for possible future remedial cleaning or to implement a proper flushing program. c) CONTRACTOR shall clean up and remove each day all debris and material created by the work 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 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 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 and Safety Officer 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 Officer 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. 1 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 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 $88,711.00 or 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. 5) 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 ten (10) calendar days after the date of the receipt of the official Notice -to -Proceed. The work shall be substantially completed no later than 60 days after the date of the Notice -to -Proceed. The work shall be completed no later than thirty (30) calendar days after the date of substantial completion. 6) Contract Sum The Contract Sum is based on unit pricing in accordance with the SNAPS Agreement No. 9911829-2 and is for an amount of Eighty -Eight Thousand Seven Hundred Eleven Dollars and no/100---($88,711.00). 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. 8) 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. 3 9) Warranty CONTRACTOR shall warrant the Piping System Cleaning and Rehabilitation for a period of one year from the date of completion and final acceptance of work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps as required to remedy the defects. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 10) 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. 11) 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 except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 12) 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. 4 13) 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. 14) 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. CITY City Manager City of Tamarac 7525 N.W. 881" Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address. CONTRACTOR Roger M. Cimbora General Manager Professional Piping Services, Inc. P. O. Box 7337 Zephyrhills, Florida 33543 15) Termination This Agreement may be terminated by City or CONTRACTOR for cause or by the City for convenience, upon seven (7) 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. 5 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. 16) 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. 17) 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. 18) 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. 19) 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. 20) 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. A IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Professional Piping Services, Inc., signing by and through its General Manager, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date: 4�6)— ATTEST: (C porate Secretary) Roger M Cimbora Type/Print Name of Corporate Secy (CORPORATE SEAL) 7 CITY OF TAM RAC Schreiber, Mayor Date: Jeffrey L. Mille , City Manager Date: 3 11 V/ o Ap rov d as tq form and legal Su ici ncy: / /� 7 Mitchell S. jKra/ft, CitytAttorney Date: L7 PROFE IONAL PIPING SERVICES, INC. (Sigrfature of General Manager) Roger M. Cimbora Type/Print Name of General Manager Date: 2-25-02 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF Pasco I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Roger M. Cimbora, General Manager of Professional Piping Services, 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 2 5 day of February , 20 02 c6� �J Signature of Not Public .� Bobbi L. Clay State of Florida at Large "=Commisslon # CC 790844 g Expires DEC.18, 2002 BONDED THRU ATLANTIC BONDING CO..INC. Print, Type or Stamp Name of Notary Public x] Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or © DID NOT take an oath. E:3