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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 Fi 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. 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SC❑T1'EX2.DWG AREA OF INFLOW AND INFILTRATION PROGRAM THE MAINLANDS OF TAMARAC LAKES UNIT ELEVEN AND UNIT TWELVE : • 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