HomeMy WebLinkAboutCity of Tamarac Resolution R-98-120Temp. Reso. #8190, March 26, 1998 1
Revision #1, April 30, 1998
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CITY OF TAMARAC
RESOLUTION NO. R-98 - /�O
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 98-
01 B TO THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER, MCKAY CONTRACTING, INC. FOR AN AMOUNT
OF $79,663.00 FOR THE CONSTRUCTION OF A 12 INCH
WATER MAIN FROM COMMERCIAL BOULEVARD TO
THE GRANT'S PLAZA STORAGE TANK AND APPROVE
FUNDING FOR THIS PROJECT FROM CIAC ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABLIITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the Grant's Plaza tank supplies water services to residences
located between State Road 7 and Rock Island Road and holds one million
gallons of potable water; and
WHEREAS, the remote storage tank provides potable water for residential
use and fire protection; and
WHEREAS, the current 8" water main restricts the flow and pressure of
water supplied to the system and increases the time required to fill the storage
tank; and
WHEREAS, the proposed 12 inch water main from Commercial Boulevard
to the Grant's Plaza storage tank was budgeted in the Utilities Capital
Improvement Projects and approved for design by the City Commission in
September 1996 to improve the operations of the existing storage reservoir; and
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Temp. Reso. #8190, March 26, 1998 2
Revision #1, April 30, 1998
WHEREAS, the Utilities Department retained the services of Craig A.
Smith and Associates to complete the design and provide construction
administration in accordance with the City's Consulting Engineering Agreement
as authorized by the City on July 10, 1996, Resolution No. R-96-163; and
WHEREAS, the City of Tamarac advertised Bid No. 98-01 B for the
construction of a 12 inch water main from Commercial Boulevard to the Grant's
Plaza storage tank (shown in map form as Exhibit "1 "); and
WHEREAS, on February 19, 1998, the following bids were opened:
COMPANY NAME
TOTAL BID
McKay Contracting, Inc.
Pompano Beach
$79,663.00
Ric -Man International, Inc.
Pompano Beach
$82,201.91
Bee Brothers Development, Inc.
Pembroke Pines
$83,995.00
McCarol Partners
Sunrise
$97,099.22
Madsen/Barr
Fort Lauderdale
$99,691.50
Metro Equipment Service
Miami
$90,467.25
South Eastern Engineering Contractors Inc.
Hialeah Gardens
$95,876.20
S&C Construction Co., Inc.
Miami
$98,986.24
C&A Contracting, Inc.
Plantation
$108,221.00
Temp. Reso. #8190, March 26, 1998 3
Revision #1, April 30, 1998
WHEREAS, McKay Contracting, Inc. had the lowest bid proposal of
$79,663.00; and
WHEREAS, funds approved in the CIP budget are available in the amount
of $112,740.00 in CIAC accounts to fully fund this project; and
WHEREAS, it is the recommendation of the Director of Utilities and the
Purchasing/Contracts Manager that the project be fully funded and that Bid
No. 98-01 B be awarded to the lowest responsive and responsible bidder, McKay
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. 98-01 B for the construction of a 12 inch water main
from Commercial Boulevard to the Grant's Plaza storage tank to McKay
Contracting, Inc., at a cost of $79,663.00.
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.
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Temp. Reso. #8190, March 26, 1998 4
Revision #1, April 30, 1998
SECTION 2: That the contract for the construction of the 12 inch
water main from Commercial Boulevard to the Grant's Plaza storage tank is
HEREBY APPROVED and that the appropriate City Officials are authorized to
execute this contract between the City of Tamarac and McKay Contracting, Inc.,
for an amount of $79,663.00 (attached hereto as Exhibit "2").
SECTION 3: That 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 4: All Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any 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. #8190, March 26, 1998 5
Revision #1, April 30, 1998
F-]
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 1-3 day of _ e�&} K
L I
JOE SCHREIBER
v MAYOR
ATTES -
CARD OLD, CMC/AAE
TY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to farm.
Utilities/tr:tk
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UIIYA
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1:
COMM. MGKAYE
DIST 2:
WM MISHKIN
DIST 3:
COMM. SUL.TANOF
DIST 4:
COMM. ROBERTS. f-
EXHIBIT 1
TEMP. RESO # 8190
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PROPOSED 12" WATER MAIN FROM
COMMERCIAL BLVD. TO GRANT'S PLAZA WATER STORAGE TANK
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND McKAY CONTRACTING, INC.
FOR THE INSTALLATION OF A TWELVE (12) INCH WATER MAIN
FROM COMMERCIAL BOULEVARD TO GRANT PLAZA TANK
THIS AGREEMENT is made and entered into this _ _;-fir day o , 1998
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 McKay Contracting, Inc., a
Florida corporation with principal offices located at 960 S.W. 6th Street, Pompano Beach,
FL 33069 (the "CONTRACTOR") to provide for installing a 12 inch ductile iron watermain
between Commercial Boulevard and the Grant Plaza Tank.
1) The Contract Documents
The contract documents consist of this Agreement, all documents contained in the
January 1998 City of Tamarac Project No. 96-07, Bid No. 98-01 B Package, all drawings,
Addendum No. 1 and all subsequent 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.
2) The Work
In addition to performing the work in accordance with the contract documents as
described in Section 1) above, the following shall be additionally performed.
CONTRACTOR shall furnish all labor, materials, and equipment necessary to install
a 12-inch ductile iron water main and all appurtenances and make interconnections
to existing water main and storage tank.
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 the work force to ensure that all workers conduct
0 themselves and perform their work in a safe and professional manner.
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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.
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 the CITY with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
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) Insurance
CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance
in such form and amount as required in the Bid No. 98-01 B Bid Package, Instructions to
Bidders, Section 21, before beginning work under this Agreement including, but not limited
to, Workers' 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 indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an
additional insured. CONTRACTOR shall be responsible for payment of all deductibles and
self-insurance retentions on CONTRACTOR's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than ten (10) days after the date of the official
Notice to Proceed. The work shall be substantially completed no later than thirty days (30)
after commencement.
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5) Contract Price
This contract is based on an amount not to exceed $79,663.00, which
constitutes a lump sum amount of $30,501 for phases of lump sum work listed on
Exhibit A, pages BS-2 and BS-3; unit price work as listed on Exhibit A, pages BS-3,
Item Nos. 1, 6 and 7; and any and all additional work (provisional items) listed on
Exhibit A, pages BS-4 and BS-5.
Payment for all unit price work shall be computed by applying unit prices to
actual units installed and/or worked.
On all work performed on a unit price basis whether in -scope or additional work, the
CITY may require, at its discretion, verification of actual units installed or worked before
payment is rendered.
6) Payments
The CITY shall pay in full the Contract Price to the Contractor upon completion of
the work required by this Agreement unless the parties agree otherwise. The City shall pay
the CONTRACTOR for work performed subject to the requirements of this Agreement and
subject to any additions and deductions by subsequent change order provided in the
contract documents.
7) Waiver of Liens
Prior to payment of the contract sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or contractors who worked on the project that is the subject
of this Agreement as per Section FRL-1 and FRL-2 of the Bid No. 98-01 B Package.
8) Warranty
Contractor warrants the completed project against defects for a period of one (1)
year from the date of completion of the work. In the event that defects occur during this
time, CONTRACTOR shall correct any and all defects either by repair, replacement or
reaccomplishment as determined by the CITY. In the event, such defects, as determined
by the CITY, are not properly repaired, replaced or reaccomplished, the CITY shall perform
such repairs, replacements or reaccomplishments at the CONTRACTOR's risk and cost.
Contractor shall be responsible for any damages caused by defects to affected areas or
interior of structure.
9) Indemnification
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
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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
Neither this contract, nor any portion thereof, shall be assigned, except by formal
approval of the City Commission. No such approval will be construed as making the CITY
a part of or to such assignment, or subjecting the CITY to liability of any kind to any
assignee. No subcontract or assignment shall, under any circumstances, relieve the
CONTRACTOR of his liability and obligation under this contract, and despite any such
assignment, the CITY shall deal through the CONTRACTOR only. However, if the
company is sold during the life of the contract, the buying agent must provide the CITY with
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a letter signed by an officer of the new owner that can legally bind the company, stating
that they will continue to perform the requirements of the contract under all the terms,
conditions, and specifications so stated in the contract. This Agreement or any portion
thereof, shall not be subcontracted without the prior written consent of the CITY.
13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
William J. McKay
Vice President
McKay Contracting, Inc.
960 S.W. 6`h Street
Pompano Beach, FL 33069
14) Termination
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to the CONTRACTOR, the CITY may without cause and without
prejudice to any other right or remedy, terminate the agreement for the CITY's convenience
whenever the CITY determines that such termination is in the best interest of the CITY.
Where the agreement is terminated for the convenience of the CITY the notice of
termination to the CONTRACTOR must state that the contract is being terminated for the
convenience of the CITY under the termination clause and the extent of termination. Upon
receipt of the notice of termination for convenience, the CONTRACTOR shall promptly
discontinue all work at the time and to the extent indicated on the notice of termination,
40 terminate all outstanding sub -contractors and purchase orders to the extent that they relate
to the terminated portion of the project and refrain from placing further orders and sub-
s
contracts except as they may be necessary, and complete any continued portions of the
work.
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 thirty (30) days after receipt by CONTRACTOR of written notice of such neglect
or failure.
15) 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.
Should it become necessary for the CITY to engage an attorney to enforce this
Agreement, the CONTRACTOR will pay the CITY all costs, including a reasonable
attorney's fee.
16) 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.
17) 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.
18) 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.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature.
ATTEST:
Carol Gold, EiYblerk
Appr as to Form:
tchell Kraft, WA ne
WITNESS:
(Print or Type Name)
(Print or Type Name)
CITY OF TAMARAC, FLORIDA
By.
ao ph chreiber, Mayor
b rt S. Noe, Jr., City Man er
�'a
By:
444 , +'-f .� %�J' fr •may !/• �°
(Print or Type Name and Title)
0 CORPORATE ACKNOWLEDGEMENT
STATE OF ,Ie R J' BA ,
COUNTY OF WAk'o
The foregoing instrument was acknowledged before me this /i,' day of
1998 by (name of officer
or agent, title of officer or agent) of Vt"4 VCd�✓roP�f cr.`�✓� Zc (name of
corporation acknowledging), a (state or place of
incorporation) corporationZscq
on behalf of the corporation. He is personally known to me
44,1�� s (type of identification) as identification and did (did not)
take an oath.
,,4o,'D ,� - CQA&6P-�
Signa ure of NotaryV,4Plic — State of
Florida GALS CARLET Nd
My Cnrn Was'm r"Omo"
Fxpk" Fob. 16, WW
Print, Type or Stamp Name of Notary
Public
is 8