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Home My WebLink AboutCity of Tamarac Resolution R-99-120Temp. Reso. #8602, April 19, 1999 1 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE (1) THE "CURED -IN -PLACE PIPE LINING REPAIRS CONTRACT US99A-1" WITH INSITUFORM TECHNOLOGIES, INC. FOR WASTEWATER SYSTEM REHABILITATION, UTILIZING THE BROWARD COUNTY CURED -IN -PLACE LINING REPAIRS CONTRACT NO. P890-96; AND (2) THE "FOLD -AND -FORMED PIPE LINING REPAIRS CONTRACT US99A-2" WITH MADSEN/BARB PHILIPS UTILITIES MANAGEMENT CORPORATION, INC., FOR SANITARY SEWER SYSTEM REHABILITATION, UTILIZING THE CITY OF HOLLYWOOD WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION BID PACKAGE "B", FOR WHICH THE DIRECTOR OF UTILITIES IS AUTHORIZED TO APPROVE WORK TASKS UNDER EACH CONTRACT UP TO A COMBINED TOTAL COST NOT TO EXCEED $702,000.00 FOR THE FY99 INFLOW AND INFILTRATION PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABLIITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Office of Environmental Services has conducted an Inflow & Infiltration (I & 1) Study identifying Tamarac as having an excessive amount of I & I conveyed to Broward County Treatment Facility; and Temp. Reso. #8602, April 19, 1999 2 WHEREAS, on October 25, 1995, Tamarac City Commission authorized the first phase rehabilitation repair program to reduce unwanted wastewater treatment and disposal charges; and WHEREAS, the Utilities Wastewater Division's FY99 list of excessive I & locations have been identified in the Heathgate and Sunflower Subdivisions plus several adjoining neighborhoods (attached hereto in map form as "Exhibits 1 and 2") which require sanitary sewer rehabilitation; and WHEREAS, the City Commission of the City of Tamarac has approved capital funding for and I & I program for FY99 as recommended by the Utilities Department; and WHEREAS, recognizing that other South Florida Utilities have prepared bid specifications and awarded contract for Wastewater Collection System Sewer Rehabilitation, the Utilities Department wishes to utilize contract prices from other South Florida Utilities as provided under City Code 6-155; and WHEREAS, Insituform Technologies, Inc. has offered to extend unit prices under a contract with Broward County to the City of Tamarac for the rehabilitation of sewers with the execution of the "Cured -in -Place Pipe Lining Repairs Contract US99A-1" (attached hereto as "Exhibit 3"); and Temp. Reso. #8602, April 19, 1999 3 WHEREAS, Madsen/Barr Philip Utilities Management Corporation, Inc. has offered to extend the unit prices under a contract with the City of Hollywood to the City of Tamarac for rehabilitation of sewers with the execution of the "Fold - and -Formed Pipe Lining Repairs Contract US99A-2" (attached hereto as "Exhibit 4"): and WHEREAS, the Director of Utilities shall have the responsibility to assign Work Tasks based on the most effective and economical method of sewer repairs using the unit prices provided in the schedule of values under each contract up to a combined total cost not to exceed $702,000.00; and WHEREAS, the Director of Utilities and the Purchasing/Contracts Manager recommend the acceptance and execution of these contracts; 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 contracts with (1) Insituform Technologies, Inc., under the Broward County Contract No. 890-96 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Pipe Liners method; and (2) Madsen/Barr Philip Utilities Management Corporation, Inc., under the City of Hollywood contract "B" for Rehabilitation of Sewers by Fold -and Formed Pipe Lining, for which the Director 1 Temp. Reso. #8602, April 19, 1999 4 of Utilities is authorized to approve work tasks under each contract up to a combined total cost not to exceed $702,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City officials are hereby authorized to accept and execute the contracts with (1) Insituform Technologies, Inc., under the Broward County Contract No. P890-96 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Pipe Liners; and (2) Madsen/Barr Philip Utilities Management Corporation, Inc., under the City of Hollywood contract "B" for Rehabilitation of Sewers by Fold -and Formed Pipe Lining methods for the FY99 Inflow and Infiltration Project. SECTION 3: That the Director of Utilities is authorized to approve work tasks to each contractor in accordance with the schedule of values in each contract for a combined total cost not to exceed $702,000,00. Temp. Reso. #8602, April 19, 1999 5 1 1 1 SECTION 4: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000.00 per Section 6- 156 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 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. Temp. Reso. #8602, April 19, 1999 6 1 1 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1999. ATTEST: ('a"' ,, -�. , , CAROL LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have Utilities/sl/tk �' 2��- JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYORSCHREIBER GIST 1: „ COMM. PORTNER,.� DIST 2:yL_MIs� DIST 3: �.�COMM. SU �� • www.n.wn ri ni ri LTIrAhlOF rrrr.arr.�� __-c*w R08ERTS EXHIBIT 1 • r� C14/CYPRESS CREEK CANAL P.S. 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US99A As THIS AGREEMENT, made and entered into this;day of , in the year Nineteen Hundred Ninety Nine (1999) by and between the CITY of TaInarac, a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL 33321 (the "CITY") and Insituform Technologies, Inc. with principal offices located at 11511 Phillips Hwy South, Jacksonville, Florida 32256 (the "CONTRACTOR") to provide for Cured -in -Place PiDe Lining Repairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. US99A). 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the Broward County Cured -in -Place Lining Repairs Contract No. P890-96/Bid Documents (the "BROWARD CONTRACT") (General, Supplementary, and other Conditions), the drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this AGREEMENT. These contract documents form the AGREEMENT, and all are as fully a part of the AGREEMENT as if attached to this AGREEMENT or repeated herein. Insituform US99A-1 03/30/99 C - I 2) The Work 0 The CONTRACTOR shall perform all work for the CITY required by the contract documents and as set forth below. CONTRACTOR shall furnish all labor, materials, tools, equipment and everything necessary to perform, and shall perform, in accordance with the provisions of the BROWARD CONTRACT and the terms of this AGREEMENT, the Contract known and identified as "Cured -in -Place Pipe Lining Repairs, Contract No. US99A-1" and shall do everything required by this AGREEMENT, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. 2. CONTRACTOR shall clean up and remove each day, all debris and material created by the work at CONTRACTOR's expense. 3. CONTRACTOR shall supervise 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. 4. 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. 5. CONTRACTOR shall provide CITY with seventy-two (72) hours written notice prior to the beginning work under this AGREEMENT and prior to any schedule change with the exception of inclement weather. 6. 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) General The CONTRACTOR hereby certifies that he has read each and every clause of this AGREEMENT and the BROWARD CONTRACT and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made and will complete the same in the time limits specified herein, in accordance with this AGREEMENT and the BROWARD • CONTRACT. Insituform US99A-I 03/30/99 C - 2 . All work under this AGREEMENT shall be done to the satisfaction of the Director of Utilities or his Assignee, who shall in all cases, determine the amount, quality, fitness and acceptability of the several kind of work and materials which may arise as to the fulfillment of this AGREEMENT on the part of the CONTRACTOR; and his decision thereon shall be final and conclusive; and such determination and decision, in case any questions shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. • CONTRACTOR agrees that it will, in the performance of work and services under this agreement, comply with all Federal, State and local laws and regulations now in effect, or hereinafter enacted during the term of this AGREEMENT that are applicable to CONTRACTOR, its employees, agents or subcontractors, if any with respect to the work and services described herein. 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 $350,000.00. 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) 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, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. 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. CONTRACTOR shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. CONTRACTOR shall make this same requirement of any of its subcontractors. CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. Insituform US99A-1 03/30/99 C - 3 The following are required types and minimum limits of insurance coverage, which the • CONTRACTOR agrees to maintain during the term of this contract: GENERAL LIABILITY PER OCCURRENCE AGGREGATE Comprehensive $1,000,000 $2,000,000 Premises -Operations Contractual Liability Personal Injury Explosion and Collapse Underground Hazard Products/Completed Operations Broad Form Property Damage Independent Contractors Cross Liability and Severability of Interest Clause AUTOMOBILE LIABILITY PER PERSON PER OCCURRENCE Comprehensive $500,000 $1,000,000 Owned Hired Non -Owned WORKERS' COMPENSATION STATUTORY AMOUNT • Neither CONTRACTOR nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. Such certificates shall be approved by the CITY. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The CONTRACTOR's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The CONTRACTOR shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. LJ Insituform US99A-1 03/30/99 . 6) Time of Commencement and Substantial Completion The work to be performed under this AGREEMENT shall commence after execution of this AGREEMENT and must begin within ten (10) days after the date of receipt of official NOTICE TO PROCEED and shall be carried on at a rate to ensure its full completion within one hundred twenty (120) calendar days, the rate of progress and the time of completion being essential conditions of this AGREEMENT. Deduction_for Not Completing on Time: If the Contract work is not fully completed according to the term of the AGREEMENT within the time limits herein stipulated, the CONTRACTOR shall pay the CITY, not as a penalty, but as liquidated damages, the sum of two hundred fifty dollars ($250.00) per day for each and every calendar day elapsing between expiration of such time limit and the date of full completion, unless the time limits herein stated are subject to extension without payment of damages. Where any deduction from or forfeitures of payment in connection with the work of this AGREEMENT are duly and properly imposed against the CONTRACTOR, in accordance with the term of this AGREEMENT, Federal Laws, State Laws, or governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONTRACTOR under this AGREEMENT and when deducted, shall be deemed and taken as payment in such amount. • 7) Contract Sum • This Contract Sum for the above work is to be determined by the cost of labor and materials for the WORK TASKS assigned to the CONTRACTOR. The assigned WORK TASKS shall be paid in accordance with the BID SCHEDULE below, which is taken from the BROWARD CONTRACT. The CITY shall pay the CONTRACTOR as just compensation for the performance of this AGREEMENT, subject to any additions or deductions as provided in this AGREEMENT and the BROWARD CONTRACT, the following prices: [nsituform US99A-1 03/30/99 C - 5 "CURED -IN -PLACE PIPE LINING REPAIRS • CONTRACT US99A-1" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO, US99A SCHEDULE OF VALUES FOR WORK TASKS TASK ITEM DESCRIPTION OF TASK (BID) ITEM COMMODITY CODE UNITS UNIT PRICE QUAN.* 26 Waterproofing Manhole Interior -Mobilization 913770020050 HR $ 170.00 27 Injection Grouting -Manhole Depth 0" to 5.0" 913770020060 EA $ 700.00 28 Injection Grouting -Manhole Depth 5'1" to 10'0" 913770020061 EA $ 950.00 29 Injection Grouting -Manhole Depth 10'1" to 157 913770020062 EA $1,200.00 36 Sanitary Sewer Main 8" Dia 6.0 mm 913770020090 LNFT $ 41.00 37 Sanitary Sewer Main 10" Dia 6.0 mm 913770020100 LNFT $ 43.00 38 Sanitary Sewer Main 10" Dia 7.5 mm 913770020101 LNFT $ 46.00 39 1 Sanitary Sewer Main 12" Dia 6.0 mm 913770020110 LNFT $ 48.00 39 Sanitary Sewer Main 12" Dia 7.5 mm 913770020111 LNFT $ 51.00 92 Ancillary Svc. Lateral/Reinstatement/Prep. Std. Svc. Reconnection 913770020230 EA $ 200.00 93 Ancillary Svc. Lateral/Reinstatement/Prep. Inspection/Prep. 913770020231 EA $ 200.00 94 Ancillary Svc. Trenchless Lateral Reconstrut Sys 913770020240 EA $2,500.00 97 Ancillary Trenchless Lateral Reconstruction, Clean Out a=5' 913770020243 EA $ 750.00 98 Trenchless Lateral Reconstruction, Clean Out — Grass >5' 913770020244 EA $ 800.00 99 Trenchless Lateral Reconstruction, Clean Out - Asphalt <=5' 913770020245 EA $1,500.00 100 Trenchless Lateral Reconstruction, Clean Out - Asphalt >5' 913770020246 EA 101 Trenchless Lateral Reconstruction, Clean Out — Concrete a=5' 913770020247 EA $1,500.00 102 Trenchless Lateral Reconstruction, Clean Out — Concrete >5' 913770020248 EA $2,000.00 1000 INDEMINIFCATION LS $ 10.00 TOTAL WORK TASK NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. "'PER ASSIGNED WORK TASKS Insituform US99A-1 03/30/99 • C - 6 • Notice to CONTRACTOR CONTRACTOR agrees that any unit price listed is to be multiplied by the approximate quantity requirements based on field measurements in order to arrive at the total. In the event of latent multiplication or addition errors, the CONTRACTOR recognizes that these are clerical errors and may be corrected by the CITY. For each payment item, CONTRACTOR agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the Project Drawings. 8) Payments The CITY shall pay in full this 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 this AGREEMENT and Contract Documents. On, not later than, the tenth day of every month, the CONTRACTOR shall prepare and submit on a form approved by the Director of Utilities, a detailed estimate and invoice to the Director of Utilities or his Designee covering the percentage of the . total amount of this AGREEMENT which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the CITY and/or Director of Utilities. Material invoices shall be submitted with each Progress Payment Request when payment for material furnished but not installed is requested. Payment for materials furnished but not installed will only be made subject to applicable retainage and when said materials are stored on site in satisfactory condition or when said materials are stored in a bonded warehouse. A Progress Payment Affidavit shall be submitted by the CONTRACTOR to the Director of Utilities or his Designee with every monthly progress payment request indicating that all lienors under the CONTRACTOR's direct contract have been paid in full. On or about the twentieth day after receipt of invoice, the CITY will pay to the CONTRACTOR the value based on the CONTRACTOR's estimate and invoice as approved by the Director of Utilities or his Designee, less the percentage retained, less the aggregate of previous payment. Included with the CONTRACTOR's progress estimate requests shall be a complete breakdown of the project components, the quantities completed and the amount due, in accordance with the Schedule of Values requirements of this AGREEMENT, together with such supporting evidence as may be required by the Insituform US99A- l 03/30/99 C - 7 Director of Utilities or his Designee. CONTRACTOR shall submit with each progress estimate, an updated construction schedule acceptable to Director of Utilities or his is Designee and a release of lien relative to the work, which is the subject of the application. 9) Progress Retention The percentage of estimated value to be retained shall conform to the following schedule: 1. Retention for up to 10% of payments claimed. 2. When the project is substantially complete (operational or beneficial occupancy), the retained amount shall be reduced to 5% to assure completion of the Contract Work. The above retainages only apply when the CONTRACTOR's performance in the judgement of the Director of Utilities or his Designee, is considered satisfactory. When specific circumstances necessitate, a retainage of 10% will be applied at any time during the construction period regardless of the stage of completion of construction. No progress estimate need be made when, in the judgement of the Director of Utilities or his Designee, the total value of work done since the last estimate amounts to less than five thousand dollars ($5,000.00) as set forth under Payments in this AGREEMENT. 10) Acceptance and Final Payment 0 When the work provided for under this AGREEMENT has been fully completed, in accordance with the terms thereof, a final invoice showing the amount of such work shall be prepared by the CONTRACTOR and filed with the CITY. The final invoice shall be accompanied by the required maintenance bond and by a certificate of acceptance issued by the CITY, and stating that the work has been fully completed to the Director of Utilities' or his Designee's satisfaction, in substantial compliance with this AGREEMENT. From the final payment shall be retained all monies expended by the CITY, according to the terms of this AGREEMENT and thereunder chargeable to the CONTRACTOR, all monies payable to the CITY as liquidated damages, and all deductions provided by this AGREEMENT, Federal and State taws, or governing regulations. Within thirty (30) days after receipt of the Director of Utilities' or his Designee's final acceptance by the CITY, the CITY will make a bona fide effort to pay the CONTRACTOR in the full amount of the Director of Utilities' or his Designee's final estimate. • Insituform US99A-1 03/30/99 C - 8 11) Waiver of Liens Prior to Final 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. Payment of the invoice and acceptance of such payment by the CONTRACTOR shall release the CITY from all claims of liability to the CONTRACTOR in connection with this AGREEMENT. The CONTRACTOR shall upon acceptance of such payment execute and deliver to the CITY the Final Release of Lien. 12) Warranty CONTRACTOR warrants the Cured -in -Place Pi a Lining Re airs to the CITY of Tamarac Wastewater Collection System Gravitv Sewer Rehabilitation (Proiect No. US99A) against defects for a period of on__e year from the date of completion of the work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps as required to repair and correct the affected areas of the work performed. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 13) Indemnification The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this AGREEMENT and shall pertain to any occurrence during the term of this AGREEMENT, even though the claim may be made after the termination hereof. • 14) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State Laws regarding 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. lnsituform US99A-1 03/30/99 C - 9 15) Independent Contractor 0 CONTRACTOR is an independent CONTRACTOR under this AGREEMENT. Personal services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this AGREEMENT shall be those of the CONTRACTOR. 16) Assignment and Subcontracting CONTRACTOR shall not transfer or assign the performance required by this AGREEMENT without the prior written consent of the CITY. This AGREEMENT, or any portion thereof, shall not be subcontracted without the prior written consent of the CITY. 17) Notice Whenever either party desires or is required under this AGREEMENT to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to City Attorney at the same address. CONTRACTOR Gerald Addington, Regional Vice President Insituform Technologies, Inc. P.O. Box 41629 Jacksonville, Florida 32203 18) Termination This AGREEMENT may be terminated by CITY or CONTRACTOR for cause or by the CITY for convenience, upon thirty (30) days written notice by the terminating party to the other party of such termination in which even the CONTRACTOR shall be paid its compensation for services performed to termination date including services reasonably related to termination. In the even that the CONTRACTOR abandons this . Insituform US99A-1 03/30/99 C-10 • AGREEMENT or causes it to be terminated, CONTRACTOR shall,indemnify the CITY against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this AGREEMENT shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 19) 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. 20) Signatory Authority The CONTRACTOR shall provide CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this AGREEMENT. 21) Severability; Waiver of Provisions Any provisions 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. 22) 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. Insituform US99A-1 03/30/99 C - II 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 Madsen/Barr Philip Utilities Management Corp., Inc., signing by and through its Vice President, duly authorized to execute same. ATTEST By: RobM S. Noe, Jr. City Manager ATTEST: By: Carol Gold, CMC/ City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANTEE By: �'c Jo hreiber Mayor Date: 61 1 9 By:t` be Robert S. Noe, Jr. City Manager i : SS (_ City Attorney V COUNTY OF I : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in a County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the tegoing instrument and j/ _ acknowledged before me and under oath that IV executed the same. It WITNESS my hand and official seal this day of 199-. NOTAE1 PUBLIC, State of Florida at Large JUNE A WFM (Naomi Print, Stamp, ( ) Personally known to me, or III ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (,DID NOT take an oath Madsen/Barr US99A-2 03/30/99 • I -] C-12 • • ATTEST: r ntract & Attesting Officer _U OHVf�� F Type/Print Name of Contract & Attesting Officer (Corporate Seal) STATE OF FLORIDA SS COUNTY OF ' CONTRACTOR , Madsen/Barr Philip Utilities Mana ement Corp., Inc. By: Genepl Manager Mark Harris Type/Print Name of General Manager DATE: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in th Co my aforesaid to take acknowledgments, personally appeared - A-lu.) of Madsen/Barr Philip Utilities (Officer or agent and title) Management Corp., Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instr ment and /.A - acknowledged before me and under oath that - executed the same. WITNESS my hand and official seal this 199-�-. �wI °(� OFFICIAL NOTARY SEAL O<� LISA CIACCO 2 >; w—AlI * Col MBE NUR Q CC641619 1�e0pMyAPR. O�jES LQAp2 ( � rsonally known to me, or ( ) Produced identification take an oath, or ( Madsen/Barr US99A-2 ,! day of QJl ~ NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ) DID NOT take an oath 03/30/99 C-13 No Text "EXHIBIT 4" • AGREEMENT BETWEEN THE CITY OF TAMARAC AND MADSEN/BARR Philip Utilities Management Corp., Inc. FOR THE "FOLD -AND -FORMED PIPE LINING REPAIRS CONTRACT US99A-2" CITY OF TAMARAC, FLORIDA WASTEWATER COLLECTION SYSTEM 0 SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. US99A THIS AGREEMENT, made and entered into this y , �- in da of the year Nineteen Hundred Ninety Nine (1999) by and between the CITY of marac, a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL 33321 (the "CITY') and Madsen/Barr Phil[Utilities Management Corporation, Inc. with principal offices located at 11 17NW 55th Street Fork Lauderdale Florida 33309 (the "CONTRACTOR") to provide for Fold -and -Formed Pipe Lining Repairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. US99A). 1) The Contract Documents The contract documents consist of this AGREEMENT, conditions of the City of Hollywood Wastewater Collection System Sewer Rehabilitation Bid Package "B"/Bid Documents (the HOLLYWOOD CONTRACT") (General, Supplementary, and other Conditions), the drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this AGREEMENT. These contract documents form the AGREEMENT, and all are as fully a part of the AGREEMENT as if attached to is this AGREEMENT or repeated herein. Madsen/Barr US99A-2 03/30/99 C-1 2) The Work The CONTRACTOR shall perform all work for the CITY required by the contract documents and as set forth below. CONTRACTOR shall furnish all labor, materials, tools, equipment and everything necessary to perform, and shall perform, in accordance with the provisions of the BROWARD CONTRACT and the terms of this AGREEMENT, the Contract known and identified as "Fold -and -Formed Pipe Lining Repairs, Contract No. US99A-2" and shall do everything required by this AGREEMENT, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. 2. CONTRACTOR shall clean up and remove each day, all debris and material created by the work at CONTRACTOR's expense. 3. CONTRACTOR shall supervise 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. 4. 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. 5. CONTRACTOR shall provide CITY with seventy-two (72) hours written notice prior to the beginning work under this AGREEMENT and prior to any schedule change with the exception of inclement weather. 6. 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) General The CONTRACTOR hereby certifies that he has read each and every clause of this AGREEMENT and the HOLLYWOOD CONTRACT and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made and will complete the same in the time limits specified herein, in accordance with this AGREEMENT and the HOLLYWOOD CONTRACT. • Madsen/Barr US99A-2 03/30/99 C - 2 • All work under this AGREEMENT shall be done to the satisfaction of the Director of Utilities or his Assignee, who shall in all cases, determine the amount, quality, fitness and acceptability of the several kind of work and materials which may arise as to the fulfillment of this AGREEMENT on the part of the CONTRACTOR; and his decision thereon shall be final and conclusive; and such determination and decision, in case any questions shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. CONTRACTOR agrees that it will, in the performance of work and services under this agreement, comply with all Federal, State and local laws and regulations now in effect, or hereinafter enacted during the term of this AGREEMENT that are applicable to CONTRACTOR, its employees, agents or subcontractors, if any with respect to the work and services described herein. 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 $350,000.00. 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) 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, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. 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. CONTRACTOR shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. CONTRACTOR shall make this same requirement of any of its subcontractors. CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. Madsen/Barr US99A-2 03/30/99 C - 3 The following are required types and minimum limits of insurance, coverage, which the CONTRACTOR agrees to maintain during the term of this contract: GENERAL LIABILITY PER OCCURRENCE AGGREGATE Comprehensive $1,000,000 $2,000,000 Premises -Operations Contractual Liability Personal Injury Explosion and Collapse Underground Hazard Products/Completed Operations Broad Form Property Damage Independent Contractors Cross Liability and Severability of InterYest Clause AUTOMOBILE LIABILITY PER PERSON PER OCCURRENCE Comprehensive $500,000 $1,000,000 Owned Hired Non -Owned WORKERS' COMPENSATION STATUTORY AMOUNT 0 Neither CONTRACTOR nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. Such certificates shall be approved by the CITY. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The CONTRACTOR's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The CONTRACTOR shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. • Madsen/Barr US99A-2 03/30/99 C - 4 0 6) Time of Commencement and Substantial Completion The work to be performed under this AGREEMENT shall commence after execution of this AGREEMENT and must begin within ten (10) days after the date of receipt of official NOTICE TO PROCEED and shall be carried on at a rate to ensure its full completion within one hundred.twenty 120 calendar days, the rate of progress and the time of completion being essential conditions of this AGREEMENT. Deduction for Not Completing on Time: If the Contract work is not fully completed according to the term of the AGREEMENT within the time limits herein stipulated, the CONTRACTOR shall pay the CITY, not as a penalty, but as liquidated damages, the sum of two hundred fifty dollars ($250.00) per day for each and every calendar day elapsing between expiration of such time limit and the date of full completion, unless the time limits herein stated are subject to extension without payment of damages. Where any deduction from or forfeitures of payment in connection with the work of this AGREEMENT are duly and properly imposed against the CONTRACTOR, in accordance with the term of this AGREEMENT, Federal Laws, State Laws, or governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONTRACTOR under this AGREEMENT and when deducted, shall be deemed and taken as payment in such amount. • 7) Contract Sum • This Contract Sum for the above work is to be determined by the cost of labor and materials for the WORK TASKS assigned to the CONTRACTOR. The assigned WORK TASKS shall be paid in accordance with the BID SCHEDULE below, which is taken from the HOLLYWOOD CONTRACT. The CITY shall pay the CONTRACTOR as just compensation for the performance of this AGREEMENT, subject to any additions or deductions as provided in this AGREEMENT and the HOLLYWOOD CONTRACT, the following prices: Madsen/Barr US99A-2 03/30/99 C "FOLD -AND -FORMED PIPE LINING REPAIRS, CONTRACT US99A-2 CITY AMARAC, FL RIDA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. US99A SCHEDULE OF VALUES FOR WORK TASKS T S DESCRIPTION OF TASK (BID) ITEM UNITS PRICE QUAN.* B1 FOLD -AND -FORMED PIPE LINING 131.1 8" DIAMETER (0 TO 5 FT DEEP) LF $ 34.00 61.2 8" DIAMETER (5 TO 8 FT DEEP) LF $ 36.00 B1.3 8" DIAMETER (8 TO 12 FT DEEP) LF $ 39.00 B1.5 10" DIAMETER (5 TO 8 FT DEEP) LF $ 42.00 61.6 10" DIAMETER (8 TO 12 FT DEEP) LF $ 45.00 B1.7 10" DIAMETER (12 TO 16 FT DEEP) LF $ 47.00 B1.15 REINSTATEMENT OF SERVICE LATERALS EA $ 180.00 B2 BYPASS PUMPING OF SEWERS B2.1 BYPASS 8" SEWERS EA $ 800.00 62.2 BYPASS 10 TO 12" SEWERS EA $1,100.00 B3 POINT REPAIRS B3.1 POINT REPAIRS TO 5 FT DEEP EA $2, 700.00 133.2 POINT REPAIRS 5 TO 8 FT DEEP EA $ 3,400.00 B3.3 POINT REPAIRS 8 TO 12 FT DEEP EA $6,700.00 B4 SURFACE RESTORATION B4.1 ASPHALT ROADWAY REPLACEMENT SY $ 20.00 B4.3 CONCRETE SIDEWALK REPLACEMENT SY $ 27.00 B5.1 CURED -IN -PLACE SEC. 8-12" EA $2,600.00 137 ROOT REMOVAL IN SEWER LINES B7.1 8" TO 12" DIAMETER LF $ 3.50 B8 WARRANTY TV SURVEY LF $ 2.25 B9 INDEMNIFICATION B9.1 INDEMNIFICATION LS $ 10.00 TOTAL WORK TASK NOTE: Quantities for this schedule of values will be assigned as Work Tasks and will depend on field conditions. *PER ASSIGNED WORK TASKS Madsen/Barr US99A-2 03/30/99 1 _J r -7 L C - 6 Notice to CONTRACTOR CONTRACTOR agrees that any unit price listed is to be multiplied by the approximate quantity requirements based on field measurements in order to arrive at the total. In the event of latent multiplication or addition errors, the CONTRACTOR recognizes that these are clerical errors and may be corrected by the CITY. For each payment item, CONTRACTOR agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the Project Drawings. 8) Payments The CITY shall pay in full this 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 this AGREEMENT and Contract Documents. On, not later than, the tenth day of every month, the CONTRACTOR shall prepare and submit on a form approved by the Director of Utilities, a detailed estimate and invoice to the Director of Utilities or his Designee covering the percentage of the total amount of this AGREEMENT which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the CITY and/or Director of Utilities. Material invoices shall be submitted with each Progress Payment Request when payment for material furnished but not installed is requested. Payment for materials furnished but not installed will only be made subject to applicable retainage and when said materials are stored on site in satisfactory condition or when said materials are stored in a bonded warehouse. A Progress Payment Affidavit shall be submitted by the CONTRACTOR to the Director of Utilities or his Designee with every monthly progress payment request indicating that all lienors under the CONTRACTOR's direct contract have been paid in full. On or about the twentieth day after receipt of invoice, the CITY will pay to the CONTRACTOR the value based on the CONTRACTOR's estimate and invoice as approved by the Director of Utilities or his Designee, less the percentage retained, less the aggregate of previous payment. Included with the CONTRACTOR's progress estimate requests shall be a complete breakdown of the project components, the quantities completed and the amount due, in accordance with the Schedule of Values requirements of this Madsen/Barr US99A-2 03/30/99 C - 7 AGREEMENT, together with such supporting evidence as may be'required by the . Director of Utilities or his Designee. CONTRACTOR shall submit with each progress estimate, an updated construction schedule acceptable to Director of Utilities or his Designee and a release of lien relative to the work, which is the subject of the application. 9) Progress Retention The percentage of estimated value to be retained shall conform to the following schedule: 1. Retention for up to 10% of payments claimed. 2. When the project is substantially complete (operational or beneficial occupancy), the retained amount shall be reduced to 5% to assure completion of the Contract Work. The above retainages only apply when the CONTRACTOR's performance in the judgement of the Director of Utilities or his Designee, is considered satisfactory. When specific circumstances necessitate, a retainage of 10% will be applied at any time during the construction period regardless of the stage of completion of construction. No progress estimate need be made when, in the judgement of the Director of Utilities or his Designee, the total value of work done since the last estimate amounts to less than five thousand dollars ($5,000.00) as set forth under Payments in this AGREEMENT. 10) Acceptance and Final Payment 0 When the work provided for under this AGREEMENT has been fully completed, in accordance with the terms thereof, a final invoice showing the amount of such work shall be prepared by the CONTRACTOR and filed with the CITY. The final invoice shall be accompanied by the required maintenance bond and by a certificate of acceptance issued by the CITY, and stating that the work has been fully completed to the Director of Utilities' or his Designee's satisfaction, in substantial compliance with this AGREEMENT. From the final payment shall be retained all monies expended by the CITY, according to the terms of this AGREEMENT and thereunder chargeable to the CONTRACTOR, all monies payable to the CITY as liquidated damages, and all deductions provided by this AGREEMENT, Federal and State Laws, or governing regulations. Within thirty (30) days after receipt of the Director of Utilities' or his Designee's final acceptance by the CITY, the CITY will make a bona fide effort to pay the CONTRACTOR in the full amount of the Director of Utilities' or his Designee's final estimate. C Madsen/Barr US99A-2 03/30/99 rAff-j 0 11) Waiver of Liens Prior to Final 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. Payment of the invoice and acceptance of such payment by the CONTRACTOR shall release the CITY from all claims of liability to the CONTRACTOR in connection with this AGREEMENT. The CONTRACTOR shall upon acceptance of such payment execute and deliver to the CITY the Final Release of Lien. 12) Warranty CONTRACTOR warrants the Fold -and Formed Pipe Lining Repairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer „Rehabilitation (Project No. US99A) against defects for a period of one year from the date of completion of the work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps as required to repair and correct the affected areas of the work performed. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 13) Indemnification • The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this AGREEMENT and shall pertain to any occurrence during the term of this AGREEMENT, even though the claim may be made after the' termination hereof. 14) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State Laws regarding 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. Madsen/Barr US99A-2 03/30/99 Cow 15) Independent Contractor CONTRACTOR is an independent CONTRACTOR under this AGREEMENT. Personal services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this AGREEMENT shall be those of the CONTRACTOR. 16) Assignment and Subcontracting CONTRACTOR shall not transfer or assign the performance required by this AGREEMENT without the prior written consent of the CITY. This AGREEMENT, or any portion thereof, shall not be subcontracted without the prior written consent of the CITY. 17) Notice Whenever either party desires or is required under this AGREEMENT to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the parry for whom it is intended at the following addresses: 0 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to City Attorney at the same address. CONTRACTOR Mark Harris, Vice President Madsen/Barr Philip Utilities Management Corp., Inc. 1117 NW 55th Street Fort Lauderdale, Florida 33309 18) Termination This AGREEMENT may be terminated by CITY or CONTRACTOR for cause or by the CITY for convenience, upon thirty (30) days written notice by the terminating party to the other party of such termination in which even the CONTRACTOR shall be paid its compensation for services performed to termination date including services Madsen/Barr US99A-2 03/30/99 C-10 reasonably related to termination. In the even that the CONTRACTOR abandons this AGREEMENT or causes it to be terminated, CONTRACTOR shall indemnify the CITY against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this AGREEMENT shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 19) 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. 20) Signatory Authority The CONTRACTOR shall provide CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this AGREEMENT. 9 21) Severability; Waiver of Provisions 11 Any provisions 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. 22) 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. Madsen/Barr US99A-2 03/30/99 C - II 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 Insituform Technologies, Inc., signing by and through its Vice President, duly authorized to execute same. ATTEST-," . ve. Robert S. Noe, Jr. City Manager ATTEST: By: Carol Gold, CMC/ E City Clerk STATE OF FLORIDA ACCEPTED BY CITY OF TAMARAC GRANT,f-E n J00chreiber Mayor Date: �v / By: Robert S. Noe, Jr City Manager Dater (°l /I Mitc"n S. form: : SS VCity Attorney v COUNTY OF4 O,0ki) : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in t� County�foresaid to take acknowledgments, personally appeared _b ` t-- .zt Tr-T �� to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same. WITNESS my hand and official seal this day of 199-� . • ( /)Personally known to me, or ( ) Produced identification ,AM A WHM N6rA1Y RXU C 9TAT6 of FLmwA COMMEMON NO.Ot:7MM or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (DID NOT take an oath Insituform US99A-1 orida at Large , Stamp, 03/30/99 • 11 C�6a • • CONTRACTOR ATTEST: Insituform Technologies, Inc. Contract & A sting Officer _.- Carolyn McCullers _ Type/Print Name of Contract & Attesting Officer (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF Duv Q By: Regional Vice Presid t Gerald Addington Type/Print Name of Regional Vice President DATE: C)q -a - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ceiamd Otcic � tcr)-ReQk'r� T. P. of Insituform Technologies, Inc. (Officer or agent and tip t� lej a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and hf- acknowledged before me and under oath that he. executed the same. WITNESS my hand and official seal this 3241, day of L1k&j_ 199-1. jww_,Y\, e'' cQ'' 'vn NOTARY PURL , State of Florida at Large Z SUZAN G. HERRMANN MY COMMISSION # CC 725517 EXPIRES; July 18.2002 Bonded Thru Notary Public UnderwMers (Name I DIM: (X) Personally known to me, or or Type as Commissioned) ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or � DID NOT take an oath Insituform US99A-1 03/30/99 C-13