HomeMy WebLinkAboutCity of Tamarac Resolution R-96-146Temp. Reso. #7433 - May 21, 1996 1
Revision #1 - June 17, 1996
CITY OF TAMARAC
RESOLUTION NO. R-96 l'7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE TAMARAC UTILITIES EAST WASTEWATER
COLLECTION SYSTEM SEWER INSPECTION CONTRACT
PACKAGE 96-15A WITH MADSEN/BARR ALLWASTE, INC.,
FOR WASTEWATER COLLECTION SEWER SYSTEM
INSPECTION AT A COST.OF $42,690 UTILIZING THE CITY
OF CORAL GABLES SANITARY SEWER LINE REPAIRS
PACKAGE #93-15, ITEM #1 FOR CLEANING AND INTERNAL
INSPECTION OF SEWER LINES; AUTHORIZING FUNDING
FROM THE UTILITIES EAST FUND; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to recent repairs to structural defects in the Tamarac East region
(attached hereto in map form as "Exhibit 1 "), staff has determined that this area will require
a complete internal inspection on the sanitary infrastructure to prioritize the repairs and
establish the cost of the repairs; and
WHEREAS, recognizing the age of the City's East side sanitary gravity system
exceeds thirty (30) years; and
WHEREAS, this internal inspection will be conducted by televising and locating all
defects to sanitary gravity mains; and
Temp. Reso. #7433 - May 21, 1996 2
Revision #1 - June 17, 1996
WHEREAS, prioritizing these defective gravity mains will allow for planning and
establishing funding requirements; and
WHEREAS, the City Commission of the City of Tamarac has approved capital
funding for the East side Wastewater System for FY96 as recommended by the Utilities
Department; and
WHEREAS, Madsen/Barr Allwaste, Inc., has offered to extend the unit prices under
a contract with the City of Coral Gables from Sanitary Sewer Gravity Line Repairs Bid
Package #93-15, Item #1 to the City of Tamarac for cleaning and internal inspection of
sewer lines at a cost of $42,690, to be paid from the Utilities East Fund, and
WHEREAS, Section 6-155 of the City Code provides for the use of contracts of
other governmental agencies; and
WHEREAS, it is the recommendation of the Director of Utilities that the cleaning and
internal inspection of sewer lines be completed by Madsen/Barr Allwaste, Inc., under the
City of Coral Gables Sanitary Sewer Gravity Line Repairs Bid Package #93-15, Item #1;
RITO
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
the Tamarac Utilities East Wastewater Collection System Sewer Inspection Contract #96-
15A with Madsen/Barr Allwaste, Inc., under the provisions of the City of Coral Gables
Sanitary Sewer Gravity Line Repairs Bid Package #93-15, Item #1 at a cost of $42,690.
Temp. Reso. #7433 - May 21, 1996 3
Revision #1 - June 17, 1996
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 Tamarac Utilities East Wastewater Collection System Sewer Inspection
Contract #96-15A (attached hereto as "Exhibit 2") with Madsen/Barr Allwaste, Inc., under
the provisions of the City of Coral Gables Sanitary Sewer Gravity Line Repairs Bid
Package #93-15, Item #1, for internal inspection of the East side Sanitary Gravity Main
System at a cost of $42,690 to be paid from the Utilities East Fund.
SEQIION 3: The City Manager or his designee is authorized to make
changes and issue change orders not to exceed $10,000 per Section 6-155 (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 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #7433 - May 21, 1996 4
Revision #1 - June 17, 1996
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competenL' jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of _ Jvne-
1996.
ATTEST:
41,
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
orm.
r
MITCHELL S. K
CITY ATTORNEY
uti I ities/res#7433/rmc
NORMAN ABRAMOWITZ
MAYOR
DISTRICT
Roas VJ"11A �AM
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-GRAVITY LINE VIDEO AND INSPECTION
CONTRACT "9 -15A"
CITY OF TAMARAC, FLORIDA
TAMARAC UTILITIES EAST
WASTEWATER COLLECTION SYSTEM
SEWER INSPECTION
UTILITIES DEPARTMENT
PROJECT NO. 95-15
-,� THIS CONTRACT, made and entered into this day of u ,
in the year Nineteen Hundred Ninety Six (1996) by and between Madsen/Barr Allwaste
Iraq,. jointly and severally hereinafter called the Contractor, and the City of Tamarac,
hereinafter called the Owner.
WITNESSETH: That whereas, the Owner has awarded to the Contractor the work
of performing certain construction:
NOW, THEREFORE, the Contractor and the Owner, for the consideration
hereinafter named, agree as follows:
ARTICLE 1. Scope of., ork: The Contractor shall furnish all of the labor,
materials, tools, equipment, and everything necessary to perform; and shall perform, in
accordance with the provisions of the City of Coral Gables "Sanitary Sewer Gravity Line
Repairs #93-15, Item #1" (dated April 19, 1993) Documents and the terms of this Contract,
the Project known and identified as "Gravity Line Video and Inspection, Project No. 95-15"
and shall do everything required by this Agreement, the Proposal, the General Terms and
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Conditions, the Supplemental General Conditions and Specifications.
ARTICLE 2. Time of Completion: Construction work must begin within ten
(10) days from 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 fifty (150) calendar days. The rate of
progress and the time of completion being essential conditions of this Agreement.
Deduction fQr Not Completing on Ti : If the Contract work is not fully completed,
according to the terms of the Contract within the time limits herein stipulated, the
Contractor shall pay the Owner, not as a penalty, but as liquidated damages, the sum of
one hundred fifty dollars ($150.00) 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, as provided in the
General Terms and Conditions.
Where any deductions from or forfeitures of payment in connection with the work
of this Contract are duly and properly imposed against the Contractor, in accordance with
the terms of this Contract, 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 the Contract and when deducted, shall be deemed and taken as
payment in such amount.
ARTICLE 3. General: The Contractor hereby certifies that he has read each
and every clause of the Contract and Bid Documents 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 the Contract and Bid Documents.
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All work under this Contract shall be done to the satisfaction of the Utilities Director
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 the Contract 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.
Execution of this Contract will not require bonding.
INSURANCE REQUIREMENTS: 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.
Contractor shall maintain in full force and effect during the life of the contract,
Workers' Compensation insurance covering all employees in performance of work under
the contract. Contractor shall make this same requirement of any of its subcontractors.
Contractor shall indemnify and save the City harmless from any damage resulting
to them for failure to either Contractor or any subcontractor to take out or maintain such
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The following are required types and minimum limits of insurance coverage which the
Contractor agrees to maintain during the term of this contract:
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COMPREHENSIVE GENERAL
LIABILITY
Comprehensive
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
Comprehensive
Owned
Hired
Non -Owned
WORKERS' COMPENSATION
PER OCCURRENCE
$ 1, 000, 000
PER OCCURRENCE
$ 1,000,000
STATUTORY
Neither Contractor nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have supplied owner
with evidence of such coverage in the form of a Certificate of Insurance that provides for
a 30 day advance written notice of cancellation.
Any clause or section of this Contract or Specification which for any reason, be
declared invalid, may be eliminated therefrom; and the intent of this Contract and the
remaining portion thereof will remain in full force and effect as completely as though such
invalid clause or section has not been incorporated therein.
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Project No. -1 "
Indemnification
(Revised 6-28-96)
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 the 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.
Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be give 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 Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
Name and Title,of Signer (Typed)
Signature - (SEAL)
Madsen/Barr Allwaste, Inc.
1117 N.W. 55th Street
Fort Lauderdale, Florida 33309
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ARTICLE 4. Contrract, Price: The Owner shall pay the Contractor as just
compensation for the performance of this agreement, subject to any additions or
deductions as provided in the Contract and Bid Documents, the following price (from Page
2A):
ITEM #1. Cleaning and internal inspection of sewer lines for the unit price of One
Dollars and Eft Cents ($1.50) per linear foot.
Approximate quantity is 28,460 lineal feet.
Ngtice T for
Contractor agrees that any unit price listed is to be multiplied by the approximate
quantity requirements 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 Owner.
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.
GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS $ 42.690"
(Figures)
GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS -Two
Thousand, Six Hljndred Ninely pollars (Written)
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THE EUTIRE MRK SHALL BE COMPLETED WITHIN 150 CALENDAR DAYS FRQM
THE DA E OF "NOTICE TQ PROCEED."
ARTICLE 5. Progress Payments: On, not later than, the tenth day of every month,
except as provided for in the Supplemental General Conditions, the Contractor shall
prepare and submit on a form approved by the Director of Utilities, a detailed estimate and
invoice to the Utilities Director covering the percentage of the total amount of the Contract
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 Owner
and/or Director of Utilities.
A Progress Payment Affidavit shall be submitted by the Contractor to the Director
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 Owner will pay to the
Contractor the value based on the Contractor's estimate and invoice as approved by the
Director, less the percentage retained, less the aggregate of previous payment.
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 the Wastewater Manager, is considered
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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
Wastewater Manager, the total value of work done since the last estimate amounts to less
than five thousand dollars ($5,000) as set forth under Progress Payments in the Contract.
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 the Contract, together with such
supporting evidence as may be required by the Wastewater Manager. Contractor shall
submit with each progress estimated, an updated construction schedule acceptable to
Wastewater Manager and a release of liens relative to the work which is the subject of the
application.
ARTICLE 6. Acceptance and Final P m n : When the work provided for under
this Contract 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
Owner.
The final invoice shall be accompanied by the required maintenance bond and by
a certificate of acceptance issued by the Owner, and stating that the work has been fully
completed to his satisfaction, in substantial compliance with the contract.
From the final payment shall be retained all monies expended by the Owner,
according to the terms of the Contract and thereunder chargeable to the Contractor, all
monies payable to the Owner as liquidated damages, and all deductions provided by the
Contract, Federal and State Laws, or governing regulations.
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Within thirty (30) days after receipt of theWastewater Manager's final acceptance
b the Owner, the Owner will make a bona fide effort to a the Contractor in the full
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amount of the Wastewater Manager's final estimate. Payment of the invoice and
acceptance of such payment by the Contractor shall release the Owner from all claims of
liability to the Contractor in connection with this Contract. The Contractor shall upon
acceptance of such payment execute and deliver to the Owner the Final Release of Lien
in a form identical to page FRL-1 through FRL-4 attached to this Contract.
ARTICLE 7, The Contract Documents: The General Terms and Conditions,
Supplemental General Conditions, Bid Documents, Bonds, Technical Specifications,
Drawings and all Addenda together with this Agreement form the Contract.
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IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement,
the day and year first above written.
OWNER: CITY OF TAMARAC, FLORIDA
By:
Norman Abramowitz
Mayor, City of Tamarac
By: UL,
Robert S. Noe,
City Manager
ATTEST:
Carol A. Evans,
City Clerk
APPROVEDAS)TO FORM:
Mitchell S. Kra,
City Attorney
CONTRACTOR- MADSEN/BARR
ALLWASTE, INQ.
C Robert H. Madsen
Vice-PresideTt
ATTEST:
John Barr
Vice -President
(CORPORATE SEAL)
ADDRESS FOR GIVING NOTICES:
1117 N.W. 55 Street
Fort Lauderdale, Florida 33309
License No.:
GRAVITY LINE VIDE.,? AND INSPECTION
CONTRACT "96-15A"
CITY OF TAMARAC, FLORIDA
TAMARAC UTILITIES EAST
WASTEWATER COLLECTION SYSTEM
SEWER INSPECTION
UTILITIES DEPARTMENT
PROJECT NO. 96-15
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FINAL RELEASE OF -LIEN Y CONTRACTOR
STATE OF FLORIDA:
COUNTY OF BROWARD:
The undersigned contractor, under a certain contract with the City of Tamarac, dated
, 199 6 , in connection with the following public work:
CONTRACT NO. A
does hereby acknowledge receipt of the full contract price $ , as
modified by change order, addenda, etc., and hereby releases and discharges all liens, lien
rights, claims or demands of any kind whatsoever which the undersigned contractor now has
or might have against the City of Tamarac arising out of said contract or in connection with
the aforesaid public improvement.
That all claims, liens or other entitlements for labor, services, materials or supplies
furnished, in connection with the aforesaid improvement have been fully paid. That an
affidavit on behalf of the contractor, signed by , has
been furnished to the City of Tamarac, as well as final releases of lien executed by all
materialmen and subcontractor regardless of their tier.
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IN WITNESS WHEREOF, the contractor has caused this release to be executed in its
name and under its seal by its proper officers, this the day of ,
199
Signed, Sealed and Delivered
in the Presence of:
Contractor
(Signature)
Corporate Secretary
(Type Name)
(SEAL)
(Signature)
President
(Type Name)
The foregoing instrument was acknowledged before me this day of
199, by
(officer or agent and title)
of , a corporation,
(name of corporation) (State or place of corporation)
on behalf of the corporation. He/She is (personally known to me or has projected
identification) and (did/did not) take an oath.
(type of identification)
My Commission Expires:
(SEAL)
Notary Public, State of Florida
(Type or print name of Notary)
Commission No.
(Title or Rank/Serial No., if any)
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0 AFFIDAVIT ON BEHALF QF.CONTRACTOR
STATE OF FLORIDA
COUNTY OF BROWARD:
The undersigned, first being duly sworn, deposes and says on oath as follows:
1. That is a contractor in
a certain contract with the City of Tamarac, Florida, dated
199 6 in connection with the following public work:
2. That Affiant is
(President, Sole Proprietor or Partner)
of the above -named Contractor.
I That the work contracted to be performed has been performed and
completed in accordance with the plans and specifications, addenda,
change orders and contract documents, such work having been
completed on
4. That all persons who furnished labor, supplies or materials or did work in
connection with such improvement set out in the contract have been paid
in full, including all subcontractor, materialmen and laborers.
5. This Affidavit is made for the purpose of obtaining final payment by the
contractor from the City of Tamarac.
6. That the Affiant has the authority to represent the Contractor and to
execute this Affidavit on behalf of Contractor.
FURTHER, AFFIANT SAYETH NAUGHT.
Affiant
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of
The foregoing instrument was acknowledged before me this
199, by
(officer or agent and title)
day of
a corporation ,
(name of corporation) (State or place of corporation)
on behalf of the corporation. He/She is (personally known to me or has projected
identification) and (did/did not) take an oath.
(type of identification)
My Commission Expires:
(SEAL)
0 96 -15 / "A" Madsen/Barr
Notary Public, State of Florida
(Type or print name of Notary)
Commission No.
(Title or Rank/Serial No., if any)
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