HomeMy WebLinkAboutCity of Tamarac Resolution R-98-096Temp. Reso. # 8158- February 23, 1998 1
CITY OF TAMARAC
RESOLUTION NO. R-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE (1) THE "FOLD -AND -FORMED PIPE LINING
REPAIRS CONTRACT 9801A" WITH MADSEN/BARR-
ALLWASTE, INC., FOR SANITARY SEWER SYSTEM
REHABILITATION UTILIZING THE CITY OF HOLLYWOOD
WASTEWATER COLLECTION SYSTEM SEWER
REHABILITATION BID PACKAGE "B", AND (2) THE "CURED -
IN -PLACE PIPE LINING REPAIRS CONTRACT 9801 B" WITH
INSITUFORM SOUTHEAST INC., FOR WASTEWATER
SYSTEM REHABILITATION UTILIZING THE BROWARD
COUNTY CURED -IN -PLACE LINING REPAIRS CONTRACT
NO. P890-96 UP TO A COMBINED TOTAL COST NOT TO
EXCEED $500,000 FOR THE FY98 INFLOW AND
INFILTRATION PROJECT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the Broward County Office of Environmental Services has conducted
an Inflow & Infiltration (1&1) Study identifying Tamarac as having an excessive amount of
I&I conveyed to the Broward County Treatment Facility; and
WHEREAS, on October 25, 1995, Tamarac City Commission authorized the first
phase of a five-year rehabilitation repair program to reduce unwanted wastewater
treatment and disposal charges; and
WHEREAS, the Utilities Wastewater Division's FY98 list of excessive I & I locations
Temp. Reso. # 8158- February 23, 1998 2
identified Mainlands Sections 8,11, 12 and adjoining areas (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 an I&I program for FY98 as recommended by the Utilities Department; and
WHEREAS, recognizing that other South Florida Utilities have prepared bid
specifications and awarded contracts for Wastewater Collection System Sewer
Rehabilitation, the Director of Utilities and Purchasing/Contracts Manager have chosen to
utilize contract prices from other South Florida Utilities as provided under City Code 6-155;
and
WHEREAS, Madsen/Barr-Allwaste, 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 9801A" (Attached
hereto as "Exhibit 311); and
WHEREAS, Insituform Southeast, 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 9801 B" (Attached hereto
as "Exhibit 4"); and
Temp. Reso. # 8158- February 23, 1998 3
WHEREAS, Mad sen/Barr-Allwaste, Inc. and Insituform Southeast, Inc., have agreed
to the terms and conditions of the standard City of Tamarac contract (attached hereto as
"Exhibits 5 and 6"); 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 $500,000; 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 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) Madsen/Barr-Allwaste, Inc., utilizing the bid prices of the City of
Hollywood contract "B" for Rehabilitation of Sewers by Fold -and -Farmed Pipe Lining; and
(2) Insituform Southeast, Inc., utilizing the bid prices of Broward County Contract No.
P890-96 for Rehabilitation of Sanitary Sewers by the Cured -in -Place Pipe Liners method,
for which the Director of Utilities is authorized to approve work tasks under each contract
up to a combined total cost not to exceed $500,000.
Temp. Reso. # 8158- February 23, 1998 4
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: The appropriate City Officials are hereby authorized to
accept and execute the contracts with: (1) Madsen/Barr-Allwaste, Inc., under the City of
Hollywood contract "B" for Rehabilitation of Sewers by Fold -and -Formed Pipe Lining; and
(2) Insituform Southeast, Inc., under the Broward County Contract No. P890-96 for
Rehabilitation of Sanitary Sewers by the Cured -in -Place Pipe Liner method for the FY98
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 $500,000.
SECTION 4: 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
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
F
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1
Temp. Reso. # 8158- February 23, 1998 5
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 portion or application
of the Resolution.
SECTION 7: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 9 day of , 1998.
ATTEST:
�"O/
CAROL GOO, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
aDafdved this Resolution ash
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AREA OF INFLOW AND INFILTRATION PROGRAM
THE MAINLANDS OF TAMARAC LAKES UNIT ELEVEN AND UNIT TWELVE
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•
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
INSITUFORM SOUTHEAST, INC.
FOR THE
"CURED -IN -PLACE PIPE LINING REPAIRS
CONTRACT 9801 B"
CITY OF TAMARAC, FLORIDA
WASTEWATER COLLECTION SYSTEM
SEWER REHABILITATION
0 UTILITIES DEPARTMENT PROJECT NO. US97A
C:
EXHIBIT 6
THIS AGREEMENT, made and entered into this 8 day of April ,
in the year Nineteen Hundred Ninety Eight (1998) by and between the CITY of Tamarac,
a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL
33321 (the "CITY") and Insituform Southeast. Inc. with principal offices located at P.O. Box
41629 Jacksonville Florida 32203 (the "CONTRACTOR") to provide for Cured -in -Place
Pipe Lining Repairs to the CITY of Tamarac Wastewater Collection System Gravity Sewer
Rehabilitation (Project No. US97A).
1) The Contract Documents
The contract documents consist of this AGREEMENT, conditions of the Broward
County Cured -in -Place Lining Repairs Contract No. P890-96/13id 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.
"9801 B Insituform Southeast C - 1 Con9801 B Rev. 2/25/98
2) The Work
The CONTRACTOR shall perform all work for the CITY required by the contract
documents and as set forth below.
1. 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. 9801 B" 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
Is by
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 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.
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 kinds of work and materials which may arise as to the
98018 Insituform Southeast C _ 2 Con9801 B Rev. 2/25/98
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 $150,000.00. 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, Workmens' 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.
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 and be licensed to
do business in Florida. All Policies provided shall be "Occurrence," not "Claims Made"
forms.
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. The
CONTRACTOR's liability insurance shall be primary to any liability insurance polices
carried by the CITY.
9801B Insituform Southeast C _ 3 Con9801B Rev. 2/25/98
The following are required types and minimum limits of insurance coverage which
the CONTRACTOR agrees to maintain during the term of this AGREEMENT:
COMPREHENSIVE GENERAL PER
LIABILITY OCCURRENCE
Comprehensive $ 1,000,000
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
OCCURRENCE
Comprehensive $ 1,000,000
Owned
Hired
Non -Owned
WORKERS' COMPENSATION STATUTORY
AGGREGATE
$ 2,000,000
Neither CONTRACTOR nor any subcontractor shall commence work under this
AGREEMENT until they have obtained all insurance required under this section and have
supplied CITY with evidence of such coverage in the form of a Certificate of Insurance that
provides for a 30-day advance written notice of cancellation.
6) Time of Commencement and Substantial Completion
The work to be performed under this AGREEMENT shall be commenced 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 insure 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 terms of this 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
9801B Insituform Southeast C - 4 Con9801B Rev. 2/25/98
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 deductions 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 terms 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:
•
0 9801 B Insituform Southeast C .. 5 Con9801 8 Rev. 2/25/98
rI
"CURED -IN -PLACE PIPE LINING REPAIRS
CONTRACT90015-"
CITY OF TAMARAC, FLORIDA
WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION
UTILITIES DEPARTMENT PROJECT NO. US97A
SCHEDULE OF VALUES FOR WORK TASKS
TASK
ITEM
DESCRIPTION OF TASK (BID) ITEM
I
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"! to 15'0"
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
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/P rep. 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 —5'
913770020243
EA
$750.00
98
Trenchless Lateral Reconstruction, Clean Out -
Grass >5'
913770020244
EA
$800.00
99
Trenchless Lateral Reconstruction, Clean Out -
Asphalt a=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
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
0 9801 B Insituform Southeast C _ 6 Con9801 B Rev. 2/25/98
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 an 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 stark 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
9801E Insituform Southeast C - 7 Con9801B Rev. 2/25/98
such supporting evidence as may be required by the Director of Utilities or his Designee.
CONTRACTOR shall submit with each progress estimated, an updated construction
schedule acceptable to Director of Utilities or his Designee and a release of liens 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) as set forth under Payments in this AGREEMENT.
10) Acceptance and Final Payment
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.
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
9801E Insituform Southeast C - 8 Con9801B Rev. 2125/98
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 in
a form identical to page FRL-1 through FRL-4 attached to this AGREEMENT.
12) Warranty
CONTRACTOR warrants the Cured -in -Place Pipe Lining Repairs to the CITY of
Tamarac Wastewater Collection System Gravity Sewer Rehabilitation (Project No. US97A1
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 wilful 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.
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
98018 Insituform Southeast C - 9 Con9801 B Rev. 2/25/98
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 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Terry W. Adderhold, Vice President
Insituform Southeast, 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 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 thirty
(30) days after receipt by CONTRACTOR of written notice of such neglect or failure.
9801 B Insituform Southeast C - 10 Con9801 B Rev. 2/25/98
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 the 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 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.
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.
0 9801 B Insituform Southeast C -11 Con9801 B Rev. 2/25/98
�J
•
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 Southeast, Inc., signing by and through its Vice President, duly authorized to
execute the same.
ATTEST:
\*b��e�rt& Noe, Jr., CITY Mana er
A"eev/
Carol Gold, /AAE
CTTY Clerk -
STATE OF FLORIDA
SS
CITY OF TAMARAC
By:
Joe Schreiber, Mayor -
Date: A2ril 8, 1998
`l
B s n
obert S. Noe, Jr., CITY Manager
Date: April 8, 1998
to form and
II S. Kraft,
clency:
Attorney
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
Joe Schreiber & Robert S. Noe, Jr. to me known to be the person(s)
described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal this 8 day of April 1998.
aV PG OFFICIAL NOTARY SEAL /f�J
p�� �C� PHYLLIS POLIKOFF
C COMMISSION NUMBER
GC39o392 NOTAR PUBLIC, State of rida at Large
��° MY COMMISSION EXP.
d F10 SgPT 231998 Ph17l1i q pnliknff
(Signature of Notary Public: Print, Stamp, or Type
as Commissioned)
(XX) Personally known to me or
( ) Produced identification
Type of I.D. Produced
( ) DID not take an oath, or ( DID NOT take an oath.
98018 Insituform Southeast
C-12
Con9801 B Rev. 2/25198
•
•
( ) DID not take an oath, or ; ) DID NOT take an oath.
ATTEST:
° Q'Q-qA
Corporat ecretary
Offft)l r) L- h1c.C�Aj l C4Z
Type/Print Name of Corporat S ecretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF Duvo-A
CONTRACTOR
Insituform Southeast, Inc.
L=fi�ce._
J. Thomas Hayes
Type/Print Name of Vice President
SS
Date:
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 �5-lhamcs e—S a C . of
INSITUFORM SOUTHEAST, INC. (officer or agent and title)
, a �71or i do- Corporation, to
(name of corporation) (State or place of
corporation)
me known to be the person(s) described in and who executed the foregoing instrument
and h f- acknowledged before me that Y)f— executed the same.
WITNESS my hand and official seal this lb-L* day of 19?8
( x) Personally known to me or
( ) Produced identification
�; :Py&;• SUZAAN G. HERRMANN
--"4 MY COMMISSION N CC 9994W
w,r,Po; EXPIRES: July 18, 1998
Bonded Thru Notary Public UndemMers I+
NOTARY PU 3LIC, Sta e o orl a s arge"'
J-t'/'� a, N
(Signature of Nota y Public: Print, Stamp, or Type
as Commissioned)
Type of I.D. Produced
) DID not take an oath, or (�j DID NOT take an oath.
"9801B Insituform Southeast
1� 91
Con9801 B Rev. 2/25/98
EXHIBIT 3
MADSEN/BARR-A.WaSte, Inc.
1117 NW 55th Street • Fort Lauderdale, FL 33309
Broward: (954) 561-0942 • Palm Beach: (561) 736-2580
Dade: (305) 754-3909 • Fax: (954) 491-5427
December 30 ,1997
Mr. Scott London
City of Tamarac
6001 Nab Hill Road
Tamarac, Florida 33321
Dear Mr. London:
waste. Inc.
Madsen/Barr - allwaste, Inc. will extend our unit pricing in our City of Hollywood Bid Package
"B" Work Task No. 3 contract to the City of Tamarac for the 97/98 year. This is the same
pricing and contract that the city used for the previous years work. There are no price increases
at this time.
We are looking forward to working with the city this coming year. If you require any additional
information, please contact me at the office.
Sincerely,
John Barr
Vice President
is
00
TRENCHLESS PIPELINE RECONSTRUCTION
•
CITY of HOLLYWOOD, FLORIDA
GEN. IOSEP14 W. WATSON CIRCLE - P.O. BOX 229045 • ZIP 33022-9045
February 24, 1998
Mr. John Rinehart
Madsen/Barr Corporation
1117 NW 55 Street
Ft. Lauderdale, FL 33309
Subject: Sewer Rehabilitation, Bid Package "B", Work Task 3
Project No. 93-7025
Dear Mr. Rinehart:
This is to confirm that Madsen/Barr Corporation is currently under contract with the City
of Hollywood to perform rehabilitation of the City's wastewater collection system. The
rehabilitation consists of fold -and -formed liners, excavated point repairs and manhole
liners.
This contract has been piggy -backed by other Cities to perform rehabilitation in their
sewer systems, and is currently active. Should you have any questions, please feel
free to contact me at (305) 921-39301
Sincerely, (�
David McLaughlin, P.E.
Engineering Support Services Division
c: Peter Larsen, P.E. - Hazen & Sawyer, P.C.
d:1p►019cW 7025bJr.doo „
"An Equal Opportunity and Scrvicc Pruvidcr Agencp
EXHIBIT 4
0
(61".9it-mom;
Southeast, Inc.
February 8, 1998
Scott London
City of Tamarac
Wastewater Superintendent
6001 Nob Hill Road
Tamarac, FL 33321-2401
An Insiturnrm P.O. Box 3298 Tel: 813-757-0816
Technologies Company Plant City, FL 33564 Fax: 813-757-0816
Re: Approval to "ride" Insituform's Broward County Sanitary Annual Agreement.
Dear Scott;
Insituform Southeast, Inc. is pleased once again to allow the City of Tamarac the opportunity to
use the existing Broward County Annual Agreement.
All pricing, terms and conditions will be applicable.
The terms and conditions governing this proposal are as follows:
Proposal Inclusions:
• Certificate of Insurance with standard coverage
• Pre -installation video inspection recorded on VHS tape
• Thorough cleaning of the existing pipe prior to installation
• Post -installation video inspection recorded on VHS tape
• Standard one year warranty
• Reinstatement of service connections
• Actual field measurements will determine final invoice quantities
Proposal Exclusions:
• Premiums for special insurance coverage requirements
• Point repairs of any collapsed sections of the existing pipe line
• Permits
• Dewatering
• Disposal site for debris removed during cleaning
• Please note that if any hazardous or toxic materials are encountered during the
project, the Owner will be responsible for the removal and disposal of the materials
• Clearing and stabilization of sewer easement for equipment access.
Proposal Terms:
• Payment due within 30 days of completion of the project
• Partial monthly payments may be requested
• Proposal valid for 45 days
Mr. Scott London
February 8, 1998
Page 2 of 2
LIMITED WARRANTY
IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY.
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY
DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR
WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR
FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO
ACCOMPLISH SUCH CORRECTION.
Mutual Release of Consequential Damages:
Neither party shall be liable to the other for consequential damages relating to or arising
out of the Contract.
We appreciate the opportunity to quote on this project. If you have any questions, please
call me at 813-757-0816.
Respectfully,
p Y,
INSITUFORM SOUTHEAST, INC.
1442"&04vi"KaZI
Gordon Marshall, Regional Representative
Owner Acceptance: Date:
Please sign and return one copy of this proposal to this office for our files.
I- -
TR 8158
0 EXHIBIT 5
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MADSEN/BARB ALLWASTE CORPORATION
FOR THE
"FOLD -AND -FORMED PIPE LINING REPAIRS
CONTRACT 9801A"
CITY OF TAMARAC, FLORIDA
WASTEWATER COLLECTION SYSTEM
0 SEWER REHABILITATION
UTILITIES DEPARTMENT PROJECT NO. US97A
THIS AGREEMENT, made and entered into this 8 day of April ,
in the year Nineteen Hundred Ninety Eight (1998) by and between the CITY of Tamarac,
a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL
33321 (the "CITY") and Madsen/Barr Allwaste Corporation with principal offices located
at 1117 NW 55th Street, Fort 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. US97A).
1) The Contract Documents
The contract documents consist of this AGREEMENT, conditions of the City of
Hollywood Wastewater Collection System Sewer Rehibilition 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 this
AGREEMENT or repeated herein.
"9801 A" Madsen Barr / Allwaste C - 1 9801 a Rev. 2/25/98
2) The Work
The CONTRACTOR shall perform all work for the CITY required by the contract
documents and as set forth below.
1. CONTRACTOR shall furnish all labor, materials, tools, equipment and everything
necessary to perform, and shall perform, in accordance with the provisions of the
HOLLYWOOD CONTRACT and the terms of this AGREEMENT, the Contract
known and identified as "Fold -and -Formed Pipe Lining Repairs, Contract No.
9801A" 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
0 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 the 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.
"9801A" Madsen Barr / Allwaste C - 2 9801 a Rev. 2/25/98
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 kinds 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, Workmens' 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.
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 and be licensed to
do business in Florida. All Policies provided shall be "Occurrence," not "Claims Made"
forms.
CONTRACTOR shall indemnify and hold the CITY harmless for any damages
resulting from failure of the CONTRACTOR to take out and maintain such insurance.
•
"9801A" Madsen Barr/Allwaste C _ 3 9801a Rev. 2/25/98
�J
•
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. The
CONTRACTOR's liability insurance shall be primary to any liability insurance polices
carried by the CITY.
The following are required types and minimum limits of insurance coverage which
the CONTRACTOR agrees to maintain during the term of this AGREEMENT:
COMPREHENSIVE GENERAL PER
LIABILITY OCCURRENCE
Comprehensive $ 1,000,000
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
OCCURRENCE
Comprehensive $ 1,000,000
Owned
Hired
Non -Owned
WORKERS' COMPENSATION STATUTORY
AGGREGATE
$ 2,000,000
Neither CONTRACTOR nor any subcontractor shall commence work under this
AGREEMENT until they have obtained all insurance required under this section and have
supplied CITY with evidence of such coverage in the form of a Certificate of Insurance that
provides for a 30-day advance written notice of cancellation.
6) Time of Commencement and Substantial Completion
The work to be performed under this AGREEMENT shall be commenced after
execution of this AGREEMENT and must begin within ten (10) days after the date of
"9801A" Madsen Barr / Allwaste C _ 4 9801 a Rev. 2/25/98
0
receipt of official NOTICE TO PROCEED and shall be carried on at a rate to insure its full
completion within one hundred eighty (180) 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 terms of this 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 deductions 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 terms 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
The 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:
"9801A" Madsen Barr / Allwaste C _ 5 9801 a Rev. 2/25/98
•
•
"FOLD -AND -FORMED PIPE LINING REPAIRS
CQNTRACTH01 A.°
CITY OF TAMARAC, FLORIDA
WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION
UTILITIES DEPARTMENT PROJECT NO. US97A
SCHEDULE OF VALUES FOR WORK TASKS
TASK
ITEM
DESCRIPTION OF TASK (BID) ITEM
UNIT
UNIT
PRICE
QUAN. "
B7
FOLD -AND -FORMED PIPE LINING.
B1.1
8" DIAMETER (0 TO 5 FT DEEP)
LF
$34.00
B1.2
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
B1.6
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
B2.2
BYPASS 10 TO 12" SEWERS
EA
$1,100.00
B3
POINT REPAIRS
B3.1
POINT REPAIRS to 5 FT DEEP
EA
$2,700.00
B3.2
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
$2,500.00
B7
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
"9801A" Madsen Barr / Allwaste
C-6
9801 a Rev. 2/25/98
u
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 an 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.
0 Included with the CONTRACTOR's progress estimate requests shall be a complete
19801A" Madsen Barr / Allwaste C _ 7 9801 a Rev. 2/25/98
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 Director of Utilities or his Designee.
CONTRACTOR shall submit with each progress estimated, an updated construction
schedule acceptable to Director of Utilities or his Designee and a release of liens 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,
0 the total value of work done since the last estimate amounts to less than five thousand
dollars ($5,000) as set forth under Payments in this AGREEMENT.
0
10) Acceptance and Final Payment
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.
"9801A" Madsen Barr / Allwaste C _ g 9801 a Rev. 2/25/98
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 in
a form identical to page FRL-1 through FRL-4 attached to this AGREEMENT.
12) Warranty
CONTRACTOR warrants the Fold -and -Formed Pipe Lining Repairs to the CITY of
Tamarac Wastewater Collection_ System Gravity Sewer_ Rehabilitation (Project No. US97A)
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.
15) Independent Contractor
CONTRACTOR is an independent CONTRACTOR under this AGREEMENT.
Personal services provided by the CONTRACTOR shall be by employees of the
"9801A" Madsen Barr / Allwaste C - 9 9801 a Rev. 2/25/98
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 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Robert H. Madsen, Vice President
Madsen/Barr Allwaste Corporation
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 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
"9801A" Madsen Barr/Allwaste C _ 10 9801a Rev. 2/25/98
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 the 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 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.
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.
"9801A" Madsen Barr / Allwaste C .. 11 9801 a Rev. 2/25/98
•
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 Allwaste Corporation, signing by and through its Vice President, duly
authorized to execute the same.
ATTEST:
Robert S. Noe, Jr., CITY Mana er
d�ca�61e
Carol Gold, IC/AAE
CITY Clerk
STATE OF FLORIDA
SS
COUNTY OF BRCWARD
CITY OF TAMARAC
By:
Ooe 8chreiber, Mayor =
Date: April 8, 1998 -
1`
By: n
J- S�
Robert S. Noe, Jr., CITY Manager
Appro ap to form and
sufficiency:
Attorney
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 Joe Schreiber & Robert S , Noe, Jr. _ to me
known to be the person(s) described in and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and official seal this 8 day of April, 1998 .
.. R. WFWA Z N ARY DEAL Q O
g c
PHYLLIG
@OMMOSIbN NUMBER NOTARY PUBLIC, St of Florida at Large
fr1"� EXP. PaL o
(Sign ture of Notary Public: Print, Stamp, or Type
as Commissioned)
( xx) Personally known to me or
( ) Produced identification Phyllis Polikoff _
Type of I.D. Produced
( ) DID not take an oath, or (xx) DID NOT take an oath.
49801A" Madsen Barr / Allwaste C - 12 RY p&, OFFIc1A@ Y•kLB
0 %YF
aPHYLLIS POLIKOFF
*COMMISSION NUMBER
CC390392
•� MY COMMISSION EXP.
`� °� SEPT 231998
is
( ) DID not take an oath, or ( ) DID NOT take an oath.
CONTRACTO
AATTFST: Madsen1EB 1 ste Corporation
Corporate Secretary Vlice President
John Barr Mark Harris
Type/Print Name of Corporate Secretary Type/Print Name of Vice President
(CORPORATE SEAL) A
��
Date:
STATE OF FLORIDA
SS
COUNTY OF Broward
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 Mark Harris of
(officer or agent and title)
Madsen/Barr — allwaste. Inc. a Deleware Corporation, to
(name of corporation) (State or place of
corporation)
me known to be the person(s) described in and who executed the foregoing instrument
and he acknowledged before me that he executed the same.
WITNESS my hand and official seal this 4 day of March , 199 8
r
}
A PU , State of Florida L ge
Jenni er Rothenber
(Signature f tbi,?Y6PuWiw'�'d�, or Type
as Commiso ,,, ,�„M�,�
Personally known to me or 9 a cGa4�
2)Produced identification my c�onnr�il.�+r�x��
Type of 1. D. P. 666�eid
( ) DID not take an oath, or ( ) DID NOT take an oath.
"9801A" Madsen Barr / Allwaste C - 13 9801 a Rev. 2/25/98