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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-060Temp. Reso. #9307 February 22, 2001 1 Revision 2, March 21, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 00- 21 B TO, AND EXECUTE A CONTRACT WITH, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, COOPER CONTRACTING, INC., FOR AN AMOUNT OF $216,933.00 FOR PUMP STATIONS 12 AND 22 REHABILITATION PROJECT; AND APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL AND CIAC ACCOUNT INCLUDING THE APPROPRIATION OF $213,768.00 FROM RETAINED EARNINGS IN THE UTILITIES OPERATIONAL FUND AND $3,165.00 FROM CIAC FUNDS FOR CONSTRUCTION AND APPROVING AN ADDITIONAL $23,527 FOR ENGINEERING FEES RELATED TO THIS PROJECT TO HAZEN & SAWYER FROM UTILITY FUND RETAINED EARNINGS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Tamarac owns, operates and maintains seventy four (74) wastewater pump stations; and WHEREAS, wastewater pump stations 12 and 22 were constructed in the early 1970's; which are located at 4747 Treehouse Lane and 7150 NW 82"d Street respectively. (A copy of which is attached hereto in map form as 1 Temp. Reso. #9307 February 22, 2001 2 Revision 2, March 21, 2001 Exhibit 1); and WHEREAS, the deteriorated condition of these stations has reduced their efficiency; and WHEREAS, in accordance with the utilities department's mandate to improve, renew and rehabilitate existing water and wastewater systems to ensure a safe, reliable and adequate water supply and wastewater systems to all residents and customers of the City, pump stations 12 and 22 Rehabilitation project was recommended, approved and funded as a Capital Improvement Project; and WHEREAS, the Utilities Department retained the service of Hazen & Sawyer, one of the City's Consulting Engineers, to complete the design and provide construction administration services in accordance with the city consulting engineering agreement as authorized by the city on July 10, 1996, Resolution Number R-96-163; and WHEREAS, the City of Tamarac advertised Bid No. 00-21 B for pump stations 12 and 22 Rehabilitation project ; and 1 1 Temp. Reso. #9307 February 22, 2001 3 Revision 2, March 21, 2001 WHEREAS, on January 24, 2001, the following bids were opened: COMPANY NAME TOTAL, BID $ Cooper Contracting, Inc. 216,933.00 Akerblom Contracting, Corp. 283,001.00 Azurix N.A. 283,653.48 Asphalt Consultants, Inc. 291,001.00 Trip Development, Corp. 296,001.00 South Florida Utilities, Inc. 332,051.00 Bee Bros. Development, Inc. 368,949.00 Acutec, Inc. 375,001.00 Intrastate Construction, Corp. 378,203.00 WHEREAS, Cooper Contracting, Inc. had the lowest bid proposal of $216,933.00; and WHEREAS, approved funds in the amount of $3,165.00 are available in CIAC Account; and WHEREAS, it is recommended that additional funds in the amount of $213,768.00 for construction and $23,527 for engineering fees to Hazen & Sawyer be 1 1 Temp. Reso. #9307 February 22, 2001 4 Revision 2, March 21, 2001 appropriated from Retained Earnings to fully fund this project; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing/Contracts Manager that the project be fully funded and that Bid No. 00-21 B be awarded to the lowest responsive and responsible bidder, Cooper Contracting , Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 00-21 B for pump stations 12 and 22 Rehabilitation Project to Cooper Contracting, Inc., at a cost of $216,933.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: Bid No. 00-21 B for pump stations 12 and 22 Rehabilitation 1 u Temp. Reso. #9307 February 22, 2001 5 Revision 2, March 21, 2001 Project is hereby awarded to and that all appropriate City Officials are authorized to execute the contract between the City of Tamarac and Cooper Contracting, Inc. (attached hereto as "Exhibit 2") SECTION 3: A budget appropriation in the amount of $213,768.00 for construction from Retained Earnings is hereby approved for correct accounting purposes combined with the $3,165.00 from CIAC, and the construction contract is fully funded in the amount of $216,933.00. SECTION 4: A budget appropriation in the amount of $23,527.00 for engineering fees relating to this project to Hazen & Sawyer from Retained Earnings in the utilities funding is hereby approved. SECTION 5: 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 and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. SECTION 6: All resolutions or parts of resolutions in conflict herewith are 1 1 Temp. Reso. #9307 February 22, 2001 6 Revision 2, March 21, 2001 hereby repealed to the extent of such conflict. SECTION 7: 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 8: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 28'h day of March, 2001. / JOE SCHREIBER C MAYOR ATTEST: MARION S NSON, CMC CITY CLERK I-HERE15Y CERTIFY that I have RG/TR/db CITY A " rKAf- I RNEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS EXHIBIT 1 TEMP. RESO. # 93 v7 ram►sm 1PUMP STATION #22 CRMEgNAL T 0 Z 1u SITE IDPION PUMPSTATION #12 DA1L EY RD umr�T[n �tM ? n VlllAl[ � INtlV/RB L'ON1Y �se _ 7 Y LAWI SEC 12 1 PS12_PS22.DWG CONSTRUCTION CONTRACT AWARD FOR PUMP STATIONS 12 & 22 REHABILITATION AGREEMENT BETWEEN THE CITY OF TAMARAC I_1.1 D COOPER CONTRACTING, INC. 6 THIS AGREEMENT is made and entered into this day of 2001 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 Cooper Contracting, Inc., a Florida corporation, with principal offices located at 5800 S.W. 177th Avenue, Suite 106, Miami, Florida 33193 (the "CONTRACTOR") to provide for construction of Pump Stations 12 and 22 Rehabilitation. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), 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 rehabilitation of existing City of Tamarac Pump Stations 12 and 22. The rehabilitation of the pump stations shall include, but not be limited to demolition, by-pass pumping, pumps and motors, concrete top slabs and valve boxes, mechanical piping, electrical and control equipment installation, all as shown on the drawings and in accordance with the information provided in the Contract Documents. b) CONTRACTOR shall clean up and remove each day all debris and material created by the work at the CONTRACTOR's expense. 1 c) CONTRACTOR shall supervise the work force to ensure that all workmen conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. d) All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. e) CONTRACTOR shall provide the CITY with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of inclement weather. f) CONTRACTOR shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the CONTRACTOR, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. g) CONTINUING USE OF EXISTING FACILITIES: Pump Stations 12 and 22 are part of a regional facility that must be kept in service at all times. Should the CONTRACTOR fail to maintain the continuous operations of a bypass pumping system while performing rehabilitation work, the Owner will repair/operate the bypass pumping system to maintain station operations. The CONTRACTOR shall reimburse the Owner for any and all labor and/or material costs incurred in repairing/operating the system. 3) Insurance CONTRACTOR shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, 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 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 4 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 ten (10) days after the date of the receipt of 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. The work shall be completed no later than thirty (30) days after the date of substantial completion. 6) Contract Sum The Contract Sum is $216,933.00 (Two hundred sixteen thousand nine hundred thirty-three dollars and 00/100), which includes a contingency allowance in the amount of $20,000.00. Payment shall be computed based on lump sum or applying unit prices to actual units installed and/or worked. Contingency allowance will only be used for changes in the scope of work due to unforeseen conditions and upon authorization from the engineer of record. 6) Payments A monthly payment/progress payment will be made for work that is completed, inspected and properly invoiced. The CITY shall pay Contractor's itemized invoice on a monthly basis for work completed. 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. No payment will be made for material stored on site. 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 shall warrant the Pump Stations 12 and 22 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 in Section 01700, Paragraph 1.07 and Section 17000, Paragraph 1.09 of the Project Specifications to remedy the defects. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 3 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 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. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12) Assignment and Subcontracting CONTRACTOR shall not transfer or assign the performance required by this Agreement without the prior written consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 4 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. Is] IVA City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address. CONTRACTOR Mark A. Cooper President Cooper Contracting, Inc. 5800 S.W. 177th Avenue, Suite 106 Miami, Florida 33193 14) 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. 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 seven (7) days after receipt by CONTRACTOR of written notice of such neglect or failure. I•i 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 Broward County, Florida. 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) 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. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the CONTRACTOR and the CITY, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. 0 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 Cooper Contracting, Inc. (Name of party with whom Agreement is made), signing by and through its President, (President, Owner, C.E.O., etc.) duly authorized to execute same. AEST: Marion Swenson, CIVIC City Clerk Date: ( ATTEST: (Corpor to Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) 7 CITY OF TAMARAC "-�a O6 VSchreiber, May/or Date: �31a v! Jeffrey r,/Mill&r, City Manager Date: 3 3 It l Appr v: d aV form and leg Suffi i cv: A / Mitdhell S. Kraft, CitV Aftorney COOPER CONTRACTING, INC. (Signal) resid nt) Mark A. Cooper Type/Print Name of President Date: 'i-i -o t STATE OF FLORIDA SS COUNTY OF 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 Mark A. Cooper of Cooper Contracting, Inc., a Florida Corporation, to me kno n to be the person(s) described in and who executed the foregoing instrument and MO-10" acknowledged before me that he executed the same. WITNESS my hand and official seal this 0 day ofH444-e' �, 2001. Personally known to me or Produced Identification Signature of Nota Public — State of Florida at Large Print, Type Name of Notary Public tic,QF ���<o LdU +F?DO VILCMEZ i�C rnkrtip; Nl v, PU15L:Cj.,, l (urne:i Ex1, 8/?.7,12002 no, CC 771185 ✓A f 1 Fei:on:afly f5;aa�ri 110ther I.D. Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 0